1. General:

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

(a) Definitions:
1. The Hirer and, where the Hirer is not an individual acting in person, the “signatory” overleaf.
2. The Cornish Kilt Company Ltd, Registered No: 14172750 with registered office at 29 Boyd Ave, Padstow Cornwall. (Hereafter referred to as ‘The Company’)

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

(c) Termination
The Company 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 the Cornish Kilt Company Ltd at all times. Ownership of goods purchased transfers only when payment is received in full.

 

2. Hire charges

(a) Basis of Charging
The stated hire charges are for the duration of the contract and include Fridays, Saturdays, Sundays, and public holidays, where applicable. Standard hire duration shall be four days, inclusive.  Any shortages will be noted on the contract at the start.

(b) Time for Payment.
The Hirer will pay monies outstanding on demand and will be liable for reasonable legal charges, incurred by The Company, in the recovery of amounts due, hired or sale goods.

(c) Deposits
Deposits are set by The Company at amounts reasonably required and will be offset against any monies due. All deposits are non-refundable.

(d) Credit and Debit Card Transactions
Where the Hirer has authorised a preauthorization, at any time, we may convert this from preauthorization to sale, in particular when goods have been returned damaged or non-returned items. This is also the case if a cash deposit has been taken.

(e) Loss of Hired Goods and Damage Repair
The Company 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
Where the Hirer pays the appropriate damage waiver charge (available as an option) The Company will waive any charge to rectify accidentally damaged hired goods. It is the customer’s responsibility to Insure hired goods if The Company damage waiver option is not taken. The Damage waiver will not apply if, in the opinion of the team at The Cornish Kilt Company Ltd, the garments have been inappropriately or maliciously damaged. Charges not covered by ADW can be paid for by cash or card at point of return or will be charged against the credit card that has been left as security against the garments.

(g) Cancellation Charges and Changes to orders.
Changes to hire orders must be made no later than 4 weeks before the function date.  Any changes requested after this will incur a £10.00 administration fee, per order. In the event of cancellation of an order The Company reserve the right to keep the deposit as outlined in 2c.

Late charges are applied if outfits or single items are not returned on the planned day.
Late charge rates are 20% of the total order per day including weekends & public holidays.

 

3. HIRER’S RESPONSIBILITIES

(a) Inspection and Receipt of Hired Goods
The Hirer will sign to acknowledge receipt at delivery / handover. If one member of the group is collecting other party member orders, they will be held responsible for any damage or loss to any of the garments contained within the orders they have collected. Shortages must be agreed and noted on the contract / delivery document. Goods hired with defects must be reported to the Company 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 is the customers liability. If hired items are lost in transit the full retail value shall be paid by the customer until returned, when a partial refund, less any hire charges accrued.

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

(c) Return or Collection of Hired Goods
Return of all hired goods will be prior to 2 PM on the date specified.
Collections are chargeable, upon request. 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 to the Cornish Kilt Company Ltd any insurance claim proceeds. If no Independent Insurance is taken, the Hirer shall repay to the Company full retail value of the lost/stolen goods on return of remaining goods.
This liability is without prejudice to the Companies rights under the contract. Replacement goods purchased with any insurance claim proceeds are the property of the Cornish Kilt Company 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 at the time of measuring.
Persons under the age of 18 years must have a parent, guardians, or other responsible adult’s signature & Identification.

The Cornish Kilt Company Ltd reserve the right to cancel an order if identification is not deemed suitable.
Orders will be cancelled, and monies withheld if identification rules are not adhered to.

The Cornish Kilt Company Ltd reserve the right to refuse any order or customer.

 

4. THE CORNISH KILT COMPANY 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, prior to any function. The Company offers facilities for the Hirer to try on hired goods.
Failure to try on your hired goods prior to your function will remove liability from the Company 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, the Company cannot be responsible after the wear.

(d) Limitation of Liability: The liability of the Cornish Kilt Company 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, the Company will be liable for negligence or error in the performance of its obligations under the contact.

 

5. BESPOKE OUTFITS AND MADE TO MEASURE ITEMS

For all bespoke outfits and made to measure garments, we require a minimum notice period of 8 weeks (subject to all materials being available).

It is the responsibility of the client to check and confirm all measurements prior to confirmation of an order.

Once a confirmed order has been accepted by the Company, a 50% deposit (non-refundable) will be required.

In the event that the Cornish Kilt Company Ltd cannot fulfil a customer order, any monies received will be returned to customer.

 

6. DISTANCE SELLING REGULATIONS

Under the Distance Selling Regulations, you have a right to cancel your order for any item purchased on this website for a full refund. This does not apply to items personalised or made to your specification.  Items such as MTM kilts and jackets that, by reason of their sizing and specific specifications, cannot be returned.

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 the Cornish Kilt Company Ltd, 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, will the Company 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 began sooner. You may not cancel transport/delivery services which occur on a specific date.

Any condition deemed invalid would not affect other conditions.
Nothing in this contract is intended to limit a customer’s existing legal rights, and any disputes shall be subject to English law.