Terms and Conditions

TERMS & CONDITIONS

1. Definitions and interpretation

“Hire Fees”	the fee(s) payable by the Hirer under the Agreement for the provision of the Hat Blocks
“Hire Period”	is the period between the delivery and the collection of the Hat Blocks, as agreed upon and documented in the Quote.
“Quote”	Is the information given to the Hirer, either via the Website, verbally or in Writing, that specifies the Hire Period, Hire Fees, and the Hat Blocks to be provided.
“Terms”	means the terms of hire of Hat Blocks set out in this document and includes any special conditions agreed in Writing between the Parties.
“Writing”	includes electronic mail and comparable means of communication.

• Basis of Hire
  • The Hirer’s acceptance of Hat Block Replay’s Quote constitutes an offer by the Hirer to hire the Hat Blocks under these Terms.
  • Hat Blocks Replay reserves the right at any time to vary any quote or part thereof or to refuse acceptance of any order without assigning any reason for such refusal. 
  • It is agreed that the terms set out in the Quote and these Terms constitute the total Agreement made between the parties and that no variation or modification of this Agreement shall be effective unless agreed by both parties in Writing.
  • Any illustrations, descriptions, and imagery either displayed on Hat Blocks Replay’s Website, in marketing materials (both offline and online), price lists or others are intended merely to present a general idea of works and services provided by Hat Blocks Replay. No part of these shall form part of any Agreement.
  • When ordering from the Website, the Hirer agrees to take particular care when providing Hat Blocks Replay with their details and warrants that they are accurate and complete when ordering. The Hirer also warrants that the credit or debit card details provided are their credit or debit card and that they have enough funds to pay.
  • Hat Blocks Replay will take all reasonable care, in so far as it is in their power to do so, to keep the details of the Hirer’s order and payment secure, but in the absence of negligence on Hat Block Replay’s part, they cannot be held liable for any loss the Hirer may suffer if a third party procures unauthorised access to any data provided by the Hirer when accessing or ordering from the Website.
  • Hat Blocks Replay may modify the service’s price, content, or nature at any time. Notice of any such changes may be provided by email or by publishing them on the Website.
  • These Terms apply to the Agreement to the exclusion of any other terms that the Hirer may seek to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
  • No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in Writing by Hat Blocks Replay or a person authorised to sign on Hat Blocks Replay’s behalf.
  • The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
• Hat Blocks
  • Hat Blocks are offered subject to being available for hire.
  • Hat Blocks Replay reserves the right to provide Hat Blocks similar or comparable to that ordered by the Hirer.
  • Hat Blocks Replay can only take responsibility for the fitness of the Hat Block(s) for the Hirer’s requirements if the Hirer supplies Hat Blocks Replay with complete and correct information and if the Hirer complies with Hat Block Replay’s written recommendations.
  • The hat blocks always remain the property of Hat Blocks Replay. Unless otherwise agreed in Writing, the Hirer must not deal with the ownership of, nor sell, sub-hire, abandon or otherwise dispose of the Hat Blocks.
• Hire Period
  • The hire period usually lasts two (2) weeks unless further weeks are booked.
  • Once a hat block is taken for hire, it is considered a hire even if it is not used, and there will be no refund.
  • Should any extension to the hire be required, the Hirer must apply to Hat Blocks Replay no later than 24 hours before the end of the agreed Hire Period for such an extension. Hat Blocks Replay is not obliged to extend the hire period.
  • Should a previous hirer not return a hat block that the Hirer has booked to hire, or it is damaged, Hat Blocks Replay will endeavour to find a suitable replacement. A direct replica style cannot be guaranteed. Liability is limited to the return of the hire charge if a suitable alternative is unavailable.
• Delivery and Return
  • The Hirer’s responsibilities and liabilities start when the hired Hat Block(s) is delivered and continue until it is received back at the premises of Hat Blocks Replay.
  • Delivery will be made by Courier on the agreed start date of the Hire Period. All deliveries are tracked and signed for.
  • Upon receiving the blocks, hirers must check their order carefully and ensure it’s in the correct condition. Any damage should be reported to Hat Blocks Replay within 24 hours of delivery. The Hirer should provide photographs of the damage.
  • If the damage renders the hat block unusable, Hat Blocks Replay will see if they have a suitable replacement and arrange delivery ASAP. If no suitable replacement is available, Hat Blocks Replay will issue a full refund to the Hirer on receipt of the returned Hat Block.
  • Hat Blocks Replay will provide a return label, and the Hirer is responsible for arranging collection by the Courier on or before the end of the hire period. The Hirer should notify Hat Blocks Replay if there is any delay in the collection by the Courier to avoid being charged late fees.
  • All original packaging must be returned with the hat block(s) hired and must ensure the hat block is sufficiently packed to avoid damage in transit. If packing more than one item in a box, please place padding between items to prevent any chips/damage during transit.
  • If the hat block(s) is/are not returned on the due return date agreed when the purchase was made, Hat Blocks Replay will charge the Hirer’s credit card for each overdue day at the rate of £15 per day until a return date has been agreed and the courier company notifies Hat Blocks Replay.
• Fees and Payment
  • The Hire Fees quoted or stated on the Website include Value Added Tax (“VAT”), charged at the prevailing rate. Hat Blocks Replay’s VAT number is GB 925570010. All payments are due in Pounds Sterling.
  • The full hire fee of the hat block(s) is payable on reservation by credit or debit card. A security deposit will be taken as well as the total hire fee. This deposit is refundable on receipt of the returned, undamaged Hat Block(s).
  • By signing up for the service, you authorise Hat Blocks Replay to bill your credit or debit card the applicable fees, per item or borrowing fees, courier charges, all applicable taxes, and any other charges you may incur in connection with your use of the service. The applicable fees will be charged to your credit or debit card on the reservation date.
  • Hat Blocks Replay will always notify you if they intend to take any additional payments from the Hirer’s credit or debit card to cover late fees, repair, or replacement costs.
  • Should any additional card payment be declined, Hat Blocks Replay will issue an invoice to the Hirer, payable by Bank Transfer upon receipt.
  • If payment of any invoice or any part thereof is not made by the due date, Hat Blocks Replay may:
    • Suspend or cancel any further provision of Hat Block Hire to the Hirer immediately. Any such period of suspension shall be disregarded for contractual time limits previously agreed upon for the completion of the Hat Block hire.
    • Charge interest at 10% per annum on the unpaid amount starting from 7 days after the invoice date until paid, whether before or after any court judgement. Such interest shall accrue daily and be compounded quarterly.
    • Apply a charge of £10 (to cover administrative expenses and not as a penalty) per reminder for overdue payment submitted to the Hirer. Hat Blocks Replay shall be entitled to submit such reminders weekly once the fees have become overdue.
    • Seek to recover all costs reasonably incurred by Hat Blocks Replay in collecting payment of any overdue invoices from the Hirer.
• Hat Block Care and Hirer’s Responsibility
  • The Hirer shall make every effort to maintain the hat blocks good working condition. Moreover, the Hirer must follow any instructions and guidelines that Hat Blocks Replay provides regarding the proper handling and care of hat blocks.
  • Hat Blocks Replay accepts that pin holes will be created when using the hat blocks, but please use dressmaker gauge pins only (NOT drawing pins or map pins) to limit the damage.
  • The Hirer must cover the hat blocks in clingfilm before blocking their hats to prevent colour transfer from the hat-making materials and protect against steam and water-soaked materials and stiffeners. This is common practice and will prolong the life of the hat block.
  • When the hat block is not in use, DO NOT store it on or near a radiator or close to a heat source. The Hirer must not put the hat block in an oven or drying cabinet.
  • If any fragile parts are on the block, Hat Blocks Replay will advise the Hirer on this. If a block gets damaged or some parts get chipped off, please return the block along with any broken pieces.
• Damaged, Lost or Stolen Hat Blocks
  • Hat Blocks Replay reserves the right to charge the Hirer if the item is returned marked or damaged in any way. This includes but is not limited to chips, breaks, and colour transfer.
  • Under no circumstances are customers to attempt to repair any hat blocks themselves.
  • If the hat block is damaged beyond repair, lost or stolen, the Hirer will be charged the total replacement cost. The replacement cost will be determined by Hat Blocks Replay, considering the hat block’s age and condition.
  • Additionally, Hat Blocks Replay reserves the right to charge the Hirer for lost hire fee revenue while the Hat Block is out of use.
  • In the first instance, charges for repair or replacement will be taken from the security deposit paid at the time of reservation. Any charges over and above the deposit amount will be charged using the Hirer’s card details provided at the time of reservation.
• Notice of Consumer Statutory Right to Cancel (Individuals only)
  • Individuals (not businesses) have a statutory right to cancel within fourteen (14) days of the Effective Date of this Agreement. Notice of cancellation should be sent to Hat Blocks Replay in Writing via post or email.
  • Notice of cancellation is deemed to be served as soon as it is posted/sent.
  • If the Hirer has requested that the Hire Period starts during the fourteen (14) day cancellation period and subsequently wishes to cancel, the Hirer shall pay Hat Blocks Replay an amount which is in proportion to the time until the cancellation was communicated to Hat Blocks Replay, in comparison with the full coverage of the Agreement. The right to cancel will be lost if the Period of Hire is started and completed within the fourteen (14) days cancellation period.
• Cancellation for Businesses and Consumers after 14 days
  • The full hire fee will be refunded for cancellations made 14 days before the hire date. The full hire fee will be retained for cancellations made less than 14 days before the hire date.
• Right of Termination
  • Hat Blocks Replay reserves the right to terminate the Agreement with immediate effect in the event of any of the following:
    • That the Hirer become insolvent or enter into some form of insolvency arrangement.
    • That the Hirer suspends, threatens to suspend, ceases or threaten to cease to carry on, all or substantially the whole of the Hirer’s business.
    • That the Hirer (being an individual) dies or, because of illness or incapacity (whether mental or physical), is incapable of managing their affairs or becomes a patient under any mental health legislation.
    • In Hat Block Replay’s opinion, the Hirer’s financial position deteriorates to such an extent that their capability to adequately fulfil their obligations under these Terms has been jeopardised.
  • If either Party breaches a material provision under this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice of the breach, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
  • All notices of termination of the Agreement should be submitted to the other Party in Writing.
• Consequences of Termination
  • On termination of the Agreement for any reason:
    • The Hirer shall immediately pay Hat Blocks Replay all outstanding unpaid invoices and interest. Regarding Services supplied but for which no invoice has yet been submitted, Hat Blocks Replay shall submit an invoice, which shall be payable by the Hirer immediately upon receipt.
    • The Hirer shall immediately make all Hat Blocks available for collection. Until they have been returned, the Hirer shall be solely responsible for their safekeeping and will not use them for any purpose not connected with this Agreement.
    • The accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and
    • Clauses which expressly or by implication have effect after termination shall continue in full force and effect.
• Limitation of liability
  • Hat Blocks Replay will not be liable for any damage or injury caused by the misuse of Hat Blocks Replay’s property.
  • If Hat Block Replay’s performance of any of its obligations in respect of the services is prevented or delayed by any act or omission by the Hirer or failure by the Hirer to perform any relevant obligation (Customer Default):
    • Hat Block Replay shall, without limiting its other rights or remedies, have the right to suspend the performance of the Services until the Hirer remedy’s the Customer Default and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays its performance of any of its obligations.
    • Hat Block Replay shall not be liable for any costs or losses sustained or incurred by the Hirer or any third party arising directly or indirectly from Hat Block Replay’s failure or delay in performing any of its obligations as set out in this clause 13.2; and
    • The Hirer shall reimburse Hat Block Replay on written demand for any costs or losses sustained or incurred by Hat Block Replay arising directly or indirectly from the Customer Default.
  • If Hat Blocks Replay fails to fulfil any terms of this Agreement, its liability is limited to refund or cancellation of the hire charge. Hat Blocks Replay shall not be liable for any indirect, special or consequential loss or damage. Any loss or damage caused by Hat Blocks Replay, its employees or its agent shall not exceed the amount of the hire charges.
    • This condition does not apply to death, personal injury caused by negligence or losses arising from fraudulent misrepresentation by Hat Blocks Replay.
  • This indemnification will survive the termination of this Agreement.
• Events Outside of the Parties’ Control (Force Majeure)
  • Neither Party will be liable to the other for breach of these Terms caused by circumstances beyond the reasonable control of the other Party, including, but without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, pandemic, lock-outs, strikes or other labour disputes (whether or not relating to either Party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials (a Force Majeure Event).
  • If a Force Majeure Event continues for a continuous period over 30 days, Hat Blocks Replay shall be entitled to give notice to the Hirer to terminate the Agreement with immediate effect.
• Data Protection
  • ‘‘Data Protection Legislation’ refers to The Data Protection Act 2018 and any secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time.
  • All personal information that Hat Blocks Replay may collect (including, but not limited to, the Hirer’s name, postal address, email address and telephone number) will be collected, used and held per the provisions of Data Protection Legislation as defined in clause 15.1.
  • How Hat Blocks Replay collects, uses, and stores personal information is set out in its privacy policy.
  • Hat Blocks Replay will not pass the Hirer’s personal information to any other third parties for marketing purposes without obtaining express consent. 
• Reporting Faults, Damage, Theft and Complaints
  • To contact Hat Blocks Replay, please telephone 01380 859756 or email at info@hirehatblocks.co.uk
  • Hat Blocks Replay strives to provide excellent service. Please get in touch with Hat Blocks Replay as soon as possible with any concerns. Hat Blocks Replay would appreciate every opportunity to resolve any dispute amicably.
• Other Important Terms
  • If any of the provisions of the Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
  • The Agreement between the Parties for the Services shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Hirer, without Hat Blocks Replay’s prior written consent.
  • No failure or delay by Hat Blocks Replay in exercising any of its rights under this Agreement means that it has waived that right, and no waiver by Hat Blocks Replay of a breach of any provision of this Agreement means that it will waive any subsequent breach of the same or any other provision.
  • Nothing in the Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either Party, the agent of another party for any purpose. Neither Party shall have authority to act as agent for, or to bind, the other Party in any way.
  • A person not a party to the Agreement shall not have any rights to enforce its terms.
• Governing Law and Jurisdiction
  • This Agreement shall be governed by and construed under English Law, and the parties agree to submit to the exclusive jurisdiction of the courts of England & Wales.