Clothing Hire Terms and Conditions

Designed for the hire of a wide variety of clothing types, these Clothing Hire Terms and Conditions cover a range of important points to allow for smooth and efficient transactions between clothing hire businesses and their retail customers.

This document is designed to work in situations whereby customers place advance orders for clothing and it also includes provisions for fitting appointments. There may not always be a perfect fit, however, and so provision is also made in the document for permissible size variations.

Payment in this terms and conditions template takes the form of an initial deposit and the balance of the total price. The customer is given the right to cancel, and there is provision for various levels of refund corresponding with time periods within which that cancellation occurs. Customers might damage hired items, whether accidentally or otherwise; provision is therefore made for an accidental damage waiver, and there is also provision for a refundable security deposit to cover loss or damage where the customer is at fault. 

However, these payment, loss, damage, and cancellation provisions need to be considered carefully in view of the following points. These terms and conditions are written for use when dealing with consumer customers. Applicable consumer law constrains the extent to which a supplier may limit or exclude their liability. It also limits a supplier's ability to take and forfeit any deposit/s that the supplier requires as security against loss or damage of items hired and against cancellation of the contract by the customer. This document contains limits on the supplier's liability (see Sub-Clause 15.6). It also provides for a “Security Deposit” against loss or damage (see Clause 7) and a “Deposit” against customer cancellation of an advance booking (see Sub-Clause 8.1 and Clause 9). 

Whilst these provisions are intended to comply with the applicable consumer law, users of this template are advised to exercise great care and to take legal advice as to what in the particular circumstances will be legally permissible and enforceable before proceeding. In particular, users will need to focus on the following. 

Firstly, they should consider whether to include Clause 15.6 (which sets a fixed cap on total liability) and if they do decide to do so so, they should consider whether the proposed amount of the limit under that Sub-clause would be legally permissible and enforceable. 

Secondly, if they wish to include any limits on or exclusions of liability not already included in this document, they should consider whether such additional limits or exclusions would be legally permissible and enforceable. 

Thirdly, they should consider what would be a legally acceptable and appropriate amount of Security Deposit.  

Finally, they should consider whether the proposed amount of Deposit (Sub-Clause 8.1) and each of Sub-Clauses 9.1.2, 9.1.3 and 9.1.4  would be appropriate and legally permissible and enforceable, and this will involve considering the total to be charged for cancellation in each case and also the stage and time at which cancellation occurs - the 48 hour period suggested may or may not be appropriate in the particular circumstances.

Please note that while this document can be placed on a website, it is not designed to serve as terms and conditions for e-commerce and has not been written with distance selling and e-commerce laws in mind.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

These Clothing Hire Terms and Conditions contain the following clauses:

1. Definitions and Interpretation
2. Information About Us
3. The Contract
4. Product Details
5. Fitting and Sizes
6. Hire Period
7. Security Deposit                       
8. Fees and Payment 
9. Cancellation of Advanced Bookings
10. Collection, Hire and Return    
11. Use and Care of the Garment
12. Your Responsibilities                                             
13. Accidental Damage Waiver                                   
14. Loss and Damage                                                    
15.  Liability                                                              
16. How We Use Your Personal Information (Data Protection)
17. Termination                        
18. Events Outside of Our Control (Force Majeure)
19.  Communication and Contact Details
20. Complaints and Feedback
21. Regulations
22. Information
23. Other Important Terms
24. Governing Law and Jurisdiction
[Schedule - Privacy Notice]
Schedule  - Form of Order

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