Terms of service
Terms of service
These Terms of Use ("Terms"), and any documents referred to herein, set out the terms and conditions of which you are permitted to use the Website and the Services. Please read these Terms carefully before accessing the Website or using the Services, as by using the Website and the Services, You agree to be bound by, and comply with, these Terms. If You do not agree to all the terms and conditions of this agreement, then You may not access the Website or use any Services.
OUR DETAILS
To contact us, please send as an e-mail at sophie@onehitwondersuk.co.uk.
"Account" means the account you create with Us if you register through the Website.
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer or on a device that appears on, or forms part of, the Website.
“Item” means all advertised apparel items and accessories supplied on hire by Us to the User.
“OHW” (“We”, “Our” or "Us") means One Hit Wonders Limited.
"Regulations" means the Consumer Contracts (Information, Cancellation and Additional Charges Regulations 2013).
“Rental Period” means the period that the User books the Item for - starting from the day the Item is delivered to the User’s delivery address, to the day the Item is due to be dropped in to a Post Office by the User.
“Rental Price” (“Price”) means the cost of the hire of the Item as agreed between Us and the User.
“Rental Return Due Date” means the date the Item is expected to be received by Us at the end of the Rental Period. The Rental Return Due Date is calculated to be within 1 to 2 business days from the end of Rental Period, depending on the User’s location.
"Service" or "Services" means the rental or purchase of an Item from the Website.
“User” (“Client”, “Customer”, “You” or “Your”) means the User, or any person acting on behalf of, and with the authority of the User.
"Website" means the website www.onehitwondersuk.co.uk
SECTION 1 - OVERVIEW
By visiting the Website and entering into a contract to hire an Item, you agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
You must ensure that any person(s) who access the Website on your computer or device, or who are permitted or able to access our website on your computer or device, or who use your internet connection, are aware of these Terms and all other documentation referred to herein, and that such persons also agree to be bound by and adhere with these Terms. If for any reason whatsoever, such persons do not agree to these Terms or do not wish to be bound by them, they must not access or use the Website, and You must not permit them to do so.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 - ONLINE STORE/WEBSITE TERMS
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows Us to provide our Services to You.
By agreeing to these Terms, You represent that You are over the age of 18 years, or that You are of this age and You have given Us your consent to allow any of your minor dependents to use the Website.
You may not use the Services for any illegal or unauthorised purpose nor may You, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of the Services to You.
SECTION 3 - INTELLECTUAL PROPERTY
Either We or Our business partners and affiliates own all of the information and intellectual property included on the Website and You have no right to copy or use any of that information or intellectual property, unless We give You that right to do so.
If You print, copy or download any part of the Website's content in breach of these Terms, your right to use the Website will cease immediately and You must, at Our request, return or destroy any copies of the material You have made.
SECTION 4 - ACCOUNTS
If You create an Account with Us, You agree to:
- Only maintain one account with Us;
- Provide Us with information that is accurate and correct;
- Keep this information up-to-date;
- Not share your Account with anyone else;
- Keep your Account details and access details confidential;
- Log off when you exit the Website;
- Ensure that your user name will not be offensive, implicit that You are someone else or that You represent a trade or brand name. We reserve the right to change a username if We think it breaks this term.
We reserve the right to close your Account if You break these Terms or if there has been no Account activity for a 12-month period.
If any payment sent to your bank account is refused and You do not supply Us with an alternative bank account within 28 days of Us asking You, We reserve the right to keep the funds and You will be entitled to nothing.
If We suspect a User's actions are implicit of fraud, We may report those actions to the relevant authorities and any funds standing to the credit of your account may be returned to any merchants involved or kept by Us to cover any costs incurred when dealing with your fraud.
If You fail to authenticate your current email address with Us, then we reserve the right to terminate your Account.
SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 7 - SUSPENSION OR WITHDRAWAL OF THE WEBSITE
The Website is made available free of charge. We are unable to guarantee that the Website, or any content within, will always be available or uninterrupted. At times We may need to restrict, suspend or withdraw the availability of all or any part of the Website for business and operational reasons. In such circumstances, We will attempt to provide You with reasonable notice.
SECTION 8- RESPONSIBILITY OF LINKED WEBSITES
Where the Website contains links to external sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of these sites or resources and as such, links should not be interpreted as approval by Us of those linked websites.
SECTION 9 -USER GENERATED CONTENT
The Website may include information and material uploaded by other users of the Website. This information and materials have not been verified or approved by Us. The views expressed by other users on the Website do not represent Our views or values.
For any content submitted to the Website (such as data, text, images, files, links, chat, software, communication or other materials, including but not limited to photos and reviews relating to your use of the Service), You grant Us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete, adapt, publish and translate such content without compensation to You. All content You submit may be used at Our discretion.
We reserve the right to change or delete any content on the Website that We deem to violate the content guidelines or any other provision of these Terms.
You acknowledge that You, and not OHW, are responsible for the contents of Your submissions and We are unable to guarantee that You will have the recourse through OHW to edit or delete any content submitted.
We also reserve the right to disclose your identity to any third party who is claiming that any content submitted by You to the Website constitutes a violation of their intellectual property rights, or their right to privacy.
SECTION 10 -OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
SECTION 11 - USE OF YOUR PERSONAL INFORMATION
We agree to only use your personal information as set out in our Privacy & Cookie Policy.
SECTION 12 - RESPONSIBILITY FOR VIRUSES
We do not guarantee that the Website is free from all bugs or viruses.
You are responsible for ensuring your information technology and computer platforms are sufficiently protected by use of your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is harmful or malicious. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a crime under the Computer Misuse Act 1990. If We suspect an attempted or actual breach, We will report such a breach to the relevant authorities and We will co-operate with those authorities by disclosing your identify to them. In the event of such a breach, your right to use the Website will cease immediately.
SECTION 13 - APPLICABLE COUNTRY LAW'S TO ANY DISPUTES
If You are a consumer, please note that these Terms, their subject matter and their formation are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction.
If You are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales
ONE HIT WONDERS RENTAL TERMS
Our rental terms are the terms and conditions on which We supply Items to You. Please read these Terms carefully before placing an order.
ACCEPTANCE OF CONTRACT
By placing an order on the Website, You are agreeing to the terms and conditions described herein. The User is liable for any additional charges payable under the Terms of this contract.
Our acceptance of your order will take place when We email You confirming your order; it is at this point that a contract will exist between You and Us. We will assign a unique reference to every order placed and ask that You quote this whenever You need to contact Us about your order.
If We are unable to accept of fulfil your order, We will inform You of this as soon as practical and not charge you/refund You for your order. Reasons for not being able to fulfil or accept an order may include: product is no longer in stock, there are unexpected limits on Our resources which We could not reasonably predict, We have identified an error in the pricing or description of the product, or because We are unable to meet a delivery deadline You have requested.
We are only able to dispatch our Items to the UK and are unable to accept orders from outside of the UK.
OUR ITEMS
Our Items may vary slightly from the images advertised on the Website. The images of the products on the Website are for illustration purposes only and whilst We have made every attempt to ensure the images are fully representative of the real Item, We cannot guarantee that a device's display of the colours accurately reflect the true colour of the Item.
The sizing guides included on the Website reflect the sizing information We have received from the manufacturers of the Item and We take no responsibility for sizing's differing to what is disclosed on the Website.
You should always use the Item in a proper manner and treat it with respect, as You would an Item of your own or of a close friends. You should never attempt to clean or mend an Item in any way, nor should you make alterations to the Item. If You do attempt any of these and it results in irreversible damage to the Item, You are liable under the Terms contained in this agreement.
You can contact Us if you have any specific questions about Our Items.
AVAILABILITY OF THE ITEM
We take all reasonable steps to ensure that the Item is available for your selected Rental Period. For certain Items, We may not hold inventory of each advertised style and size and will only place an order with the supplier once You place an order with Us.
DELIVERY OF THE ITEM
The cost of delivery is displayed on our 'Delivery & Returns' page of the Website. We use Royal Mail to deliver Our orders, however from time to time, We may use an alternate provider. Any delivery time or date given to You by Us is an estimate only; whilst We will do all we can to ensure your Item is delivered on your requested date, We cannot guarantee this. If the Item is delivered late, the User must accept delivery unless a non-delivery agreement is reached in advance between Us and You.
We are not responsible for delivery delays outside of Our control. If We become aware of an event that will delay your delivery past your requested delivery date, We will contact You as soon as possible to let You know and take any necessary steps to minimise the effect of the delay.
If delivery fails and You do not rearrange delivery or collect the item from the delivery office, We reserve the right to cancel your order and the contract. Before We do this, We will make every effort to contact You for further instructions. Any costs associated with a non-delivery event are Your responsibility and will not be reimbursed by Us.
RENTAL PERIOD AND LATE FEES
The rental period shall commence from when the User (or a third party nominated by the User) receives their Item and shall continue until the Item is with Royal Mail.
Where an Item has not been dropped off to a Royal Mail post office or handed over to Royal Mail by the User on the last day of their Rental Period, We reserve the right to charge additional hire fees to the User's credit/debit card which was provided at the time of the original rental. Such additional charges shall be charged at a fixed fee of £10 per day overdue if the User has not notified US of any delays. We provide a 24-hour grace period following each rental to accommodate for any postage delays, following that 24-hour period and if We have not heard from the User, additional charges shall be charged at a fixed fee of £10 per day overdue.
If the User has not returned the Item within 10 days after the last day of Rental Period, we will consider that the Item as lost and will charge the User’s credit/debit 100% of the recommended retail prices as listed on the OHW Website. The User will be charged 100% of the recommended retail price in addition to the charge for the Rental Period plus the 11 days of Late Fees at £10 per day.
RISK, DAMAGE AND THEFT
One Hit Wonders retains the property of the Item throughout the Rental Period, however all the risk for the Item passes to the User on delivery. The User accepts full responsibility for the safeguarding of the Item.
On receival of the Item following the Rental Period, We will assess the Item and for any damage or staining, if We assess that the cost of repairs or cleaning will exceed what is considered general wear and tear, We reserve the right to charge the User for the additional cost of maintenance required.
If the Item gets lost, stolen or damaged beyond repair, regardless of whether the User is personally responsible for such loss, theft or damage, then the User will be liable to pay for replacement of the Item. In assessing replacement value, We will take into account a number of factors, including but not limited to: the demand of that Item in the market, the availability to purchase that Item in the market, the condition of the Item and the Rental Price that the User has already paid.
To prevent the potential use of fraudulent credit cards (or other payments types), We reserve the right to request proof of identify for any orders we deem high risk. Where fraudulent activity is suspected, We follow internal verification methods to ensure the validity of the order. If We are unable to verify this, We may cancel the order. In such circumstances, We will notify the User by email.
CANCELLATION
If the User cancels their order 3 days or more in advance of the selected Delivery Date, You are entitled to receive a full refund of your order. Orders cancelled by the User with less than 3 days notice are still liable to pay the rental Price, and will receive a hire credit for the value of the Item less postage fees.
Orders cancelled by the User after We have dispatched the Item are not eligible for a refund and the User will be charged the full rental period.
To cancel an order, the User must give written notice by emailing: sophie@onehitwondersuk.co.uk
In certain circumstances, OHW may need to cancel an order before it is dispatched to the User. Such instances may include: if the Item ordered has not been returned/been returned late or damaged by a previous User or if the User in question has given Us cause to be concerned about their suitability to receive future rentals (i.e. frequent late returns, damaged or non-returned items). In such circumstances, We will contact the User via email to notify them of the cancellation and offer a full refund and the option to receive an alternate Item free of charge.
SUITABILITY AND EXCHANGE
If You receive your Item and decide it is unsuitable for whatever reason, You are required to contact us immediately, and within 24-hours of receiving the Item. If timing permits, We will attempt to exchange the Item for another Item listed on the website and the User will be required to pay the difference if the new Item is charged at a higher rate. If the new Item is at a lower cost than the original Item, One Hit Wonders will refund the difference.
On delivery, you are required to inspect your Item and within six (6) hours of receipt of the Item, notify OHW (via email) of any alleged defect, shortage in quantity, damage or failure to comply with what was ordered.
PRICE AND PAYMENT
The Price of the Item rental will be the price indicated on the order pages of the Website. We take all reasonable measures to ensure that the Price of the Item advertised is correct, however, it is always possible that some of the Items may be incorrectly priced. We will check the Price before accepting your order so that where the Items correct price at your order date is lower than Our stated price, We will charge You the lesser amount. If the Items correct Price at your order date is higher than the Price advertised to You, We will contact You before We accept your order.
In the event of an invoice being issued for any reason, then payment shall be due within seven (7) days of the date of the invoice.
TITLE
The Item is and at all times, will, remain the absolute property of One Hit Wonders. The User accepts full responsibility for the safeguarding of the Item once it is received by the User.
SECTION 15 - RETAIL SALES (INCLUDING EX-HIRE OUTLET AND ACCESSORIES)
PRE-LOVED SALES
We do not accept returns (refunds, exchange or credit notes) on Items purchased from our Pre-Loved section on the website.
The User must accept and acknowledge that One Hit Wonders is a rental business and our Items may have been pre-worn. We identify on the Item detail page what condition the Item is in, however there may be small areas of wear and tear on the Item and You will not be entitled to a refund, exchange or credit note for this scale of damage or fault. You have the right to request photos before purchasing of any Pre-Loved Items.
SECTION 16 -OTHER IMPORTANT TERMS
At times, We may delay enforcing this contract, and in such situations We have the right to enforce it at a later date. If We do not insist immediately that You action anything You are obliged to do under these terms, or if We are delayed in taking steps against You in respect of breaking the Terms of this contract, this does not mean that You do not have to do those things and it will not prevent Us from taking action against You at a later date.
If You have any questions about any of Our Terms, please contact Us by emailing: sophie@onehitwondersuk.co.uk
