Hire Terms & Conditions
Hire Of Goods
These are the terms and conditions, as may be updated from time to time by Neal and Palmer, upon which Neal and Palmer is willing to hire Goods 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 Neal and Palmer for the hire of Goods will require the completion of an Order Confirmation. An Order Confirmation may be completed at Neal and Palmer by one of our sales assistants or completed and submitted by a Customer to Neal and Palmer online at the Neal and Palmer website www.nealandpalmer.com (the “Website”).
Neal and Palmer accepts an order for Goods when an Order Confirmation is completed in the Neal and Palmer store, at that time the Order Confirmation has been agreed by the Customer. For orders placed by a Customer via the Website or email, Neal and Palmer accepts an order for Goods at the time Neal and Palmer sends an email to the Customer confirming that it has received such order. It is at that moment Neal and Palmer accepts an order that a contract of hire is made between Neal and Palmer and the Customer for the hire of Goods (“Contract”).
All Contracts will be concluded in English. If there is any conflict between these terms and conditions and an Order Confirmation, the Terms and conditions in this hire agreement shall prevail. Customers viewing these terms and conditions online can access the latest version at this page. Customers should make a durable copy of these terms and conditions by printing and/or saving a download copy on their own computer.
Neal and Palmer warrant that the Goods will be of satisfactory quality and will comply with the requirements contained in any Order Confirmation Form.
Creating an order online or by email
In order to complete the Order Confirmation and submit them to Neal and Palmer online, the Customer represents and warrants to Neal and Palmer that: (i) he/she has the capacity to understand, accept and comply with these terms and conditions; and (ii) all the information the Customer provides is complete, accurate and up to date.
As part of the online order creation process, the Customer will be asked to provide his/her email address and contact details. Neal and Palmer shall not be liable for any loss suffered by Customers in connection with any failure while creating an order online. Neal and Palmer’s acceptance or non-acceptance of an online order is completely at Neal and Palmer’s discretion.
Except as otherwise set out below, the terms of a Contract may only be changed if: (i) the Customer physically attends the Neal and Palmer store relating to the Contract and both parties agree in writing to the change (either on the Order Confirmation or on any other Neal and Palmer amendment form); or (ii) Neal and Palmer accepts a change proposed by the Customer online by sending the Customer an email confirming its acceptance of that proposed change. Neal and Palmer are unable to confirm changes to a Contract by telephone.
An additional fee is payable by the Customer in the event that a Contract is varied in any way less than 28 days prior to the Collection Date. The hire fee will also change to reflect any agreed change to the Goods ordered or the period of hire.
The Customer shall ensure Neal and Palmer receives accurate size information for all persons who will be wearing the Goods, at least 60 days before the Collection Date for Customers wearing an adult outfit. Neal and Palmer cannot guarantee the supply of Goods if accurate sizes have not been given within these time frames. A Contract will be cancelled if Neal and Palmer has not received all required size information within 28 days of the Collection Date/Despatch Date and the provisions of the below clauses shall apply.
Collection, delivery and hire period
Goods collected, will be available for collection from or after 3 pm on the Collection Date. The Customer shall return the Goods free of damage to the Neal and Palmer store by 3 pm on the Return By Date. The hire period will not exceed 4 consecutive days unless agreed by both parties in writing 14 days prior to collection; If not agreed, additional charges will apply as set out below.
Payment and Security Deposit
If the Order Confirmation is completed in the Neal and Palmer store, the Customer must pay Neal and Palmer (100 % of the Grand Total) at the time the contract is formed, unless agreed otherwise by both parties in writing. If the Order Confirmation is completed and submitted by the Customer online, the Customer must pay Neal and Palmer (100% of the Grand Total) at the time the Order Confirmation is submitted by the Customer to Neal and Palmer online, unless agreed otherwise by the parties in writing. All amounts quoted are inclusive of VAT or any other sales tax unless stated otherwise.
The Customer must pay Neal and Palmer any outstanding balance of the Grand Total 90 days in advance of the Customer’s collection of the Goods. Goods will not be released to the Customer until Neal and Palmer have received the Grand Total.
During Royal Ascot Week, separate charges (as may be updated by Neal and Palmer from time to time) will apply. A Customer can obtain further details of all charges and additional fees that will apply to Contracts from Neal and Palmer (such charges and additional fees may be updated by Neal and Palmer at any time without notice). All such charges and additional fees are inclusive of VAT unless otherwise stated.
For the avoidance of doubt, if the Order Confirmation is submitted by the Customer to Neal and Palmer 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 Neal and Palmer. Hire fees paid online may be paid by credit card or debit card.
In respect of each Order Confirmation completed in a Neal and Palmer 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 Confirmation, 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, Neal and Palmer requires a security deposit of £130 for “Evening Wear”, £250 for “Morning Wear”, and £250 for “White Tie” (in each case as classified as such by Neal and Palmer from time to time) (“Security Deposit). The Security Deposit will be charged by way of authorisation against your credit or debit card, and is required on or before the Collection Date or (if the Goods are to be delivered to the Customer) before the Despatch Date. The Security Deposit is payable in a Neal and Palmer store. We will contact your card’s issuing bank to validate the card details. The full amount of the security deposit will be charged to your card at this time and this will generate an authorisation charge. Please note that authorisations are the full amount and will be charged to your card, at that time your available balance will be reduced by the full amount of the Security Deposit. No Goods will be released until Neal and Palmer have completed the Security Deposit.
Neal and Palmer will hold the Security Deposit against the Goods hired and be retained by Neal and Palmer in full in the event that the Goods are not returned to Neal and Palmer within 5 days of the Return By Date. In the event that damage occurs to Goods, the Security Deposit (or a portion of it) will be retained by Neal and Palmer equal in value to the then-current full selling value of the damaged Goods.
Risk, title, loss and damage
Title to Goods remains with Neal and Palmer at all times and the Customer shall not at any time sell, mortgage, charge, and hire or otherwise encumber the Goods.
Risk in the Goods will pass to the Customer at the time they are collected from Neal and Palmer by or on behalf of the Customer or at the time the Customer or someone on the Customer’s behalf signs for the Goods or the Goods are left in a place which has been pre-agreed with the Customer.
The Customer is responsible for, and shall take adequate measures to protect the Goods from loss or damage, the Customer shall indemnify Neal and Palmer against any loss or damage to the Goods and in the event that the Goods are damaged, the Customer will pay an amount equal to the then-current full selling value of the Goods in question.
Neal and Palmer does not waive any rights in relation to:
- The non-return, loss or theft of Goods;
- Malicious damage to Goods (by the Customer or otherwise); and
- Damage, howsoever caused, to top hats, suit covers, hatboxes and bags.
An additional fee of £125 will be charged and will be immediately due and payable by the Customer Neal and Palmer for each top hat, which is damaged, howsoever that damage is caused, or is not returned within 5 days of the Return By Date.
Suit covers, hat boxes and bags are subject to an additional fee of £19 each which will become payable by the Customer to Neal and Palmer if they are returned damaged or if they are not returned within 5 days of the Return by Date.
Any Goods not returned in full by the Return By Date will be subject to an additional daily ‘late return’ fee of £20 per day per item for the first 5 days that the Goods are late. Any Goods due to be returned to Neal and Palmer during Royal 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. Once this 5-day period has elapsed, the full amount of the Security Deposit will be retained by Neal and Palmer
Cancellation by the Customer of a Contract made after 48 hours of the order confirmation will be charged at the full amount of the Grand Total.
For any Contracts made for the hire of clothes exclusively to be worn during Royal Ascot Week at the Royal Ascot event, the hire fees paid are non-refundable.
Collection and Returns
The Customer can collect the Goods at any time after 3 pm when they are made available from the Neal and Palmer store to the Customer on the Collection Date. Early collection from the Neal and Palmer store can be arranged, providing at least 28 days’ notice is given to the Neal and Palmer in writing. Charges will apply for any extended period of hire of £20 per day per item.
The Customer will return all Goods by the date agreed to the Neal and Palmer store. Late Fees will apply as detailed above if Neal and Palmer receive Goods after the Return by Date.
Checking The Order
ALL CUSTOMERS MUST:
CHECK THEIR ORDER CAREFULLY (ENSURE THE GOODS ARE CORRECT, COMPLETE & IN GOOD CONDITION) BEFORE THEY LEAVE THE STORE. Accessories & small items will be in the zip pockets of the suit carrier.
ENSURE THE GOODS FIT CORRECTLY; (WITH A SHIRT) AT THE VERY EARLIEST OPPORTUNITY IF THIS IS NOT POSSIBLE, THEN WITHIN 8 HOURS OF THE COLLECTION DATE.
Neal and Palmer CANNOT BE HELD RESPONSIBLE FOR ANY ERROR DISCOVERED AFTER COLLECTION (OR AFTER THE 8 HOUR INSPECTION PERIOD AS MENTIONED ABOVE).
Provided the Customer informs Neal and Palmer of any issues within the time periods specified above, Neal and Palmer would use its reasonable endeavours to rectify any quality or sizing issues.
Limitation of Liability
Neal and Palmer will use its reasonable endeavours to rectify any errors found by replacing the garment in question wherever possible within 24 hours, or offering a discount if no alternative is available. However, Neal and Palmer will not be liable for any loss suffered by a Customer if the Customer has not complied with the timeframes above.
Neal and Palmer will not be liable to the Customer under any statute or in contract, tort or otherwise for any: (i) loss of profit; or (ii) indirect or consequential loss, which arises out of or in connection with these terms and conditions or any Contract.
Lost Property – It is the Customer’s responsibility to ensure that all personal items are removed from the Goods prior to the return of Goods Neal and Palmer Neal and Palmer accepts no responsibility or liability for any personal items returned in error with the Goods.
If any provision or part-provision of these terms and conditions 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 shall not affect the validity and enforceability of the rest of these terms and conditions.
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.
Neal and Palmer may use a Customer’s personal information to: (i) fulfil orders placed by the Customer; (ii) process the Customer’s payments; (iii) carry out credit checks;
Price Of 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 is 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 cancelling 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 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).
Terms Of Payment
In the event that a 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 cardholders 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, Neal and Palmer may 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 Neal and Palmer 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 or we may be unable to accept your order and we shall not be liable for any delay 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.
Contacting Neal and Palmer
Neal and Palmer may be contacted via www.nealandpalmer.com
Neal and Palmer LTD.
11 Piccadilly Arcade, SW1Y 6NH
Registered in England and Wales (company no. 02816158)
V.A.T. No. 626 09 5339