Terms & Conditions
These Terms and Conditions are the standard terms which apply:
- To the hire of projection equipment by The Outdoor Movie Co, A sole trading company registered in England, whose registered address is Farthinghoe Road, Charlton OX17 3DF.
- Where you are hiring projection equipment as a “Consumer” as defined in Clause 1 of these Terms and Conditions.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business” means any business, trade, craft, or profession carried on by You or any other person/organisation;
“Business Day” means, any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Consumer” means a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who hires projection equipment for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;
“Contract” means the contract for the hire of the projection equipment by You from Us, as explained in Clause 2;
“Deposit” means the sum payable at the time of Your Order that is required to secure your Order which is paid in full;
“Projection Equipment” means Projection equipment including, projectors, projection screens, DVD players and other video sources, speakers and amplifiers supplied by Us and hired by You subject to these Terms and Conditions;
“Hire Period” means the period for which You will hire the projection equipment;
“Month” means a calendar month;
“Price” means the total price payable for the hire of the projection equipment;
“Order” means Your order for the hire of equipment for the agreed duration.
“Site” means any premises or location at which the Equipment is to be delivered to or collected from or is otherwise located
“Order Confirmation” means Our acceptance and confirmation of Your Order as described in Clause 2;
Charges” means the charges set out in the Contract relevant to the equipment on hire for a determined hire period.
“Commencement Date” means the date on which the relevant Contract is formed in accordance with clause 2.3;
“We/Us/Our” means: The Outdoor Movie Co, A sole trading company registered in England, whose registered address is Farthinghoe Road, Charlton OX17 3DF.
“You” means you, the hirer of the projection equipment.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
1.3 Each reference the singular number shall include the plural and vice versa where appropriate.
2. The Contract
2.1 These Terms and Conditions govern the hire of Projection equipment from Us and will form the basis of the Contract between Us and You. Before completing Your Order, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.
2.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
2.3 By purchasing the hire, A legally binding contract between Us and You will be created upon Our acceptance of Your Order, indicated by Our Order Confirmation, and Your payment for hire of the equipment for the hire period. Order Confirmations will be provided in writing by email typically within 24 hours of receipt of the deposit.
3. Projection Equipment Details
- We use all reasonable endeavours to ensure that projection equipment is regularly maintain, cleaned and tested for electrical safety and/or replaced as necessary.
4. Your Order and Rules of Hire
4.1 When making Your Order, You will be required to supply the following information:
- Your Full Name;
- Proof of Identification;
- Proof for current Address;
- A contact Phone number.
4.2 The following rules apply to Your hire and use of projection equipment:
4.2.1 The equipment must be isolated kept undercover (protected from water) in the event of wet weather to avoid damage
4.2.2 The equipment must not be used for any public event including free or charity fundraising events;
4.2.3 You are responsible for any Loss or damage caused to the equipment by misuse as well as accidental damage;
4.2.4 The equipment must be used on private ground with permission from the land owner.
4.2.5 All guidance and instruction given must be followed.
4.3 You are responsible for the security of all hired equipment during the hire period and will be liable for any losses.
5. Hire Period
5.1 The Hire Period shall be chosen in Your Order and confirmed in Our Order Confirmation.
5.2 Unless it is expressly stated otherwise, the Hire Period begins at the agreed delivery time on the first day of the Hire period (typically 5pm) and ends at 9am on the final day of the Hire Period.
5.3 You may extend the Hire Period by mutual consent, contacting Us via telephone. Extended Hire Periods shall be charged at Our normal daily rate.
6. Fees and Payment
6.1 When placing Your Order, You will be required to pay the amount in full, cancellation charges apply.
6.2 The Price for the projection equipment will be that shown on Our website or on in written quotation current at the time of Your Order.
6.3 We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised. Orders placed during such a period will be accepted at the special price even if We do not accept the Order until after the period has expired.
6.4 All Prices include VAT at 20%%. Changes in VAT will not affect any Prices where We have already received payment in full from You.
7.1 You may cancel Your Order at any time before the start of the Hire Period subject to the following:
7.1.1 For Orders cancelled more than 14 days before the start of the Hire Period, there will be no charge and Your payment will be refunded in full.
7.1.2 For Orders cancelled less than 14 but more than 7 before the start of the Hire Period, We will retain 50% of your payment.
7.1.3 For Orders cancelled less than 7 before the start of the Hire Period, We will retain Your payment in full.
7.1.4 For Orders cancelled on the day that the Hire Period begins, We will retain your payment in full.
7.2 We may, at our sole discretion, reduce or waive any of the charges detailed above if Your cancellation is due to exceptional circumstances.
8. Collection, Hire and Return
8.1 You should check the projection equipment at the time of collection or delivery. If there are any items missing or if there is any visible damage to the projection equipment, You should inform Us immediately, before you or our staff leave your premises. We will use all reasonable endeavours to replace missing items or damaged projection equipment.
8.2 We are required by law to provide consumers with goods that are of satisfactory quality, fit for purpose, and in accordance with descriptions, samples, models and other pre-contract information provided by Us. We are also required to set up the goods correctly and, for the purposes of this Clause 8, Our failure to do so will render the goods ‘damaged’ and/or ‘faulty’. If You discover any damage (pre-existing) or fault with the projection equipment during the Hire Period, please inform Us as soon as is reasonably possible. We will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing you any inconvenience, We will repair the projection equipment. If We are unable to replace or repair the equipment, or if You would prefer to reject the damaged or faulty equipment, whether before or after a repair or replacement (if the replaced or repaired projection equipment is still damaged or faulty), We will offer you a refund equal to the remaining, unused part of the Hire Period. Any refund due to You will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which We agree that You are entitled to a refund. Refunds will be made using the same payment method originally used by You unless you specifically request a different method.
8.3 The Hire Period ends at 9am on the date stated in the Order Confirmation. Any projection equipment returned late will incur an excess charge of 100% of the hire price per hire package, per day (with the first day taking effect after 12pm on the date stated in the Order Confirmation.) projection equipment may be returned early, however We are unable to issue any refunds of any kind for early returns that do not fall under sub-Clause 8.3.
9. Loss and Damage
9.1 You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to projection equipment that falls outside of the terms of the Accidental Damage Waiver described in Clause 9.
9.2 Any charges due under this Clause 9 will firstly be notifyed to you in writing either by letter or email with photographic evidence, this notification will include an invoice either for the repair or replacement of the damaged equipment. We request payment for the damaged items is made within 14 days commencing from receipt of the damaged notification and to avoid further legal action.
9.3 You will not be responsible for any pre-existing damage to projection equipment that has already been identified under sub-Clause 8.2 at the time of collection, or for any faults that are discovered under sub-Clause 8.2
9.4 Full details of all charges are available on request.
10. Our Liability
10.1 We will be responsible for any foreseeable loss or damage that You may suffer only as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable only if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is formed. We will not be responsible for any loss or damage that is not foreseeable.
10.2 In any event, Our total liability under these Terms and Conditions shall be limited to the value of the Contract between Us and You, that is, the total Price payable by You.
10.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your legal rights as a consumer. For more information on your legal rights and on the remedies you may be entitled to if something goes wrong, please contact Us.
11. Events Outside of Our Control (Force Majeure)
11.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
11.2 If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
11.2.1 We will inform You as soon as is reasonably possible;
11.2.2 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
11.2.3 If the event outside of Our control continues over the start of the hire period, We will cancel the Contract and inform You of the cancellation in writing;
11.2.4 If an event outside of Our control continues for more than 5 days and You wish to cancel the Contract, You may do so by informing us in writing;
11.2.5 If the Contract is cancelled under this Clause 11 before the Hire Period begins, any and all sums You have paid to Us will be refunded in line with clause 8.
Communication and Contact Details
If You wish to contact Us with questions or complaints, You may contact Us by telephone at 07917 799 208, by email at email@example.com,
12. Complaints and Feedback
12.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
12.2 All complaints are handled in accordance with Our complaints handling policy and procedure.
- If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the projection equipment, please contact Us in one of the following ways:
- By email, addressed to firstname.lastname@example.org
13. How We Use Your Personal Information (Data Protection)
13.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
13.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from www.theoutdoormovieco.com
14. Other Important Terms
14.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
14.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
14.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales, Northern Ireland and Scotland.
15.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
15.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.