MOBILE SAUNA HIRE TERMS AND CONDITIONS (B2C)
BACKGROUND:
These Terms and Conditions are the standard terms which apply:
A. to the hire of Mobile Sauna by Algimantas Lazauskas, trading as Lux Sauna, a Sole Trader whose address is 57 Attfield Walk, Eastbourne, BN22 9LD United Kingdom.
B. where You are hiring Mobile Sauna as a “Consumer” (not Business) 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:
“Accidental Damage Waiver” means a fee paid by You which covers any accidental damage to Mobile Sauna that would otherwise incur charges, as explained in Clause 10;
“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 Mobile Sauna 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 Mobile Sauna by You from Us, as explained in Clause 3;
“Deposit” means the sum payable at the time of Your Order that is required to secure your Order;
“Mobile Sauna” means Mobile Sauna - Barrel Sauna fitted on a twin axle trailer (Mobile Sauna: whole construction of Sauna Barrel; Sauna Barrel equipment, accessories; the trailer and anything else that belogs/fitted on the trailer) supplied by Us and hired by You subject to these Terms and Conditions;
“Hire Period” means the period for which You will hire the Mobile Sauna;
“Month” means a calendar month;
“Price” means the total price payable for the hire of the Mobile Sauna;
“Order” means Your order for the Mobile Sauna;
“Order Confirmation” means Our acceptance and confirmation of Your Order as described in Clause 3;
“Security Deposit” means the sum payable under sub-Clause 7.5 to cover the non-return, loss, theft or non-accidental damage of the Mobile Sauna;
“We/Us/Our” Means Lux Sauna a Sole Trader whose address is 57 Attfield Walk, Eastbourne, BN22 9LD United Kingdom; and
“You” means you, the hirer of the Mobile Sauna.
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. Information About Us
2.1 Algimantas Lazauskas, trading as Lux Sauna, is a Sole Trader whose address is 57 Attfield Walk, Eastbourne, BN22 9LD United Kingdom.
3. The Contract
3.1 These Terms and Conditions govern the hire of Mobile Sauna 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.
3.2 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.
3.3 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 of the Deposit. Order Confirmations will be provided in writing via e-mail, sms message and/or telephone after the payment of deposit is received.
4. Mobile Sauna Details
4.1 We use all reasonable endeavours to ensure that Mobile Sauna are regularly maintained, cleaned, repaired, safety checked, and/or replaced as necessary.
4.2 We will advise You on Mobile Sauna Usage Instructions.
4.3 Mobile Sauna - Barrel Sauna fitted on a twin axle trailer (Mobile Sauna: whole construction of Sauna Barrel; Sauna Barrel equipment, accessories; the trailer and anything else that belong/fitted on the trailer).
5. Your Order and Rules of Hire
5.1 When making Your Order, You will be required to supply the following information:
5.1.1 Your Full Name and Surname;
5.1.2 Your Address;
5.1.3 Your Contact details;
5.1.4 Access to where the Mobile Sauna will be parked;
5.2 The following rules apply to Your hire and use of Mobile Sauna:
5.2.1 SAUNA IS PROHIBITED FOR;
5.2.2 RECOMMENDATIONS;
5.2.3 HYGIENE GUIDANCE;
5.2.4 LUX SAUNA PROHIBITIONS USING THE MOBILE SAUNA;
5.2.5 LIABILITY;
5.2.6 DEPOSIT;
5.3 These rules mentioned in Part 5.2 found here MOBILE SAUNA USE TERMS AND CONDITIONS - https://www.luxsauna.co.uk/mobile-sauna-hire-t-c.
6. Hire Period
6.1 The Hire Period shall be chosen in Your Order and confirmed in Our Order Confirmation.
6.2 Unless it is expressly stated otherwise, the Hire Period begins at 10:00 AM on the first day of the Hire period and ends at 10:00 AM on the final day of the Hire Period.
6.3 Unless We expressly agree otherwise (and confirm that agreement in writing), no Hire Period may exceed Hire Period shown on Your Order.
6.4 You may extend the Hire Period by contacting Us via telephone, e-mail, message. Extended Hire Periods shall be charged at Our normal daily rate.
7. Fees and Payment
7.1 When placing Your Order, You will be required to pay a Deposit of the amount show on Services Page "Hire plans" (£100-150 depends on hire period) to secure your Order.
7.2 The Price for the Mobile Sauna will be that shown in Our Services Page https://www.luxsauna.co.uk/services current at the time of placing Your Order.
7.3 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.
7.4 The balance of the Price (i.e. the full payment) should be made when We bring the Mobile Sauna at Your Address at the start of the Hire Period.
7.5 A Security Deposit of £500 should be paid by credit or debit card when We bring the Mobile Sauna at the start of the Hire Period. We will not release the Mobile Sauna to You without the payment of the Security Deposit. The Security Deposit will be retained by Us in full or in part if the Mobile Sauna are not returned, lost, stolen or damaged in any way that falls outside of the Accidental Damage Waiver.
8. Cancellation
8.1 You may cancel Your Order at any time before the start of the Hire Period subject to the following:
8.1.1 For Orders cancelled more than 14 days before the start of the Hire Period, there will charge cancellation fee of 20% of the total Price and the rest amount of Your Deposit will be refunded.
8.1.2 For Orders cancelled less than 14 days but more than 7 days before the start of the Hire Period, We will retain Your Deposit in full.
8.1.3 For Orders cancelled less than 7 days before the start of the Hire Period, We will retain Your Deposit in full and charge a further cancellation fee of 50% of the total Price.
8.1.4 For Orders cancelled on the day that the Hire Period begins, We will retain Your Deposit and the balance of the full Price will also be payable.
8.2 We may, at Our sole discretion, reduce or waive any of the charges detailed above if Your cancellation is due to exceptional circumstances.
9. Collection, Hire and Return
9.1 The Hire Period begins at 10:00 AM on the date stated in the Order Confirmation. This is the time from which the Mobile Sauna will be delivered to Your Address.
9.2 You should check the Mobile Sauna at the time of delivery. If there are any items missing or if there is any visible damage to the Mobile Sauna, You should inform Us immediately, before leaving the store. We will use all reasonable endeavours to replace missing items or damaged Mobile Sauna components, equipment or accessories.
9.3 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. If You discover any damage (pre-existing) or fault with the Mobile Sauna 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 Mobile Sauna. If We are unable to replace or repair the Mobile Sauna, or if You would prefer to reject the damaged or faulty Mobile Sauna, whether before or after a repair or replacement (if the replaced or repaired Mobile Sauna 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.
9.4 The Hire Period ends at 10:00 AM on the date stated in the Order Confirmation. Failing to make the Mobile Sauna ready for collection at Hire Period end Time will incur an excess charge of £150 per Mobile Sauna, per day (with the first day taking effect after 10:00 AM on the Hire Period end date stated in the Order Confirmation.) Mobile Sauna 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 9.3.
10. Accidental Damage Waiver
10.1 An Accidental Damage Waiver will be automatically added to Your Order, but can be removed at Your request.
10.2 The Accidental Damage Waiver covers the following:
10.2.1 Any accidental damage to Mobile Sauna while they are in Your possession;
10.2.2 Mobile Sauna means - Barrel Sauna fitted on a twin axle trailer (Mobile Sauna: whole construction of Sauna Barrel; Sauna Barrel equipment, accessories; the trailer and anything else that belong/fitted on the trailer).
10.3 The Accidental Damage Waiver does not cover the following:
10.3.1 Malicious or deliberate damage or that which, in Our opinion, has been caused by carelessness or improper use;
10.3.2 Customer's negligence.
10.4 If You do not take out the Accidental Damage Waiver, You will be responsible for any and all of the types of damage and/or loss shown above in sub-Clause 10.2 in addition to that shown in sub-Clause 10.3.
11. Loss and Damage
11.1 You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to Mobile Sauna that falls outside of the terms of the Accidental Damage Waiver described in Clause 10.
11.2 Any charges due under this Clause 11 will firstly be taken out of Your Security Deposit. If the cost of repairing the damage or replacing the Mobile Sauna is higher than the sum of the Security Deposit, You will be required to pay any excess sum.
11.3 You will not be responsible for any pre-existing damage to Mobile Sauna that has already been identified under sub-Clause 9.2 at the time of delivery/collection, or for any damage or faults that are discovered under sub-Clause 9.3
11.4 Full details of all charges are available on request.
12. Our Liability
12.1 We will not be liable for death or any personal injury or damage to property which results from the improper use of the Equipment (Mobile Sauna).
12.2 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.
12.3 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.
12.4 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 your local Citizens Advice Bureau or Trading Standards Office.
13. Events Outside of Our Control (Force Majeure)
13.1 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.
13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
13.2.1 We will inform You as soon as is reasonably possible;
13.2.2 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;
13.2.3 If the event outside of Our control continues for more than 10 days We will cancel the Contract and inform You of the cancellation in writing;
13.2.4 If an event outside of Our control continues for more than 10 days and You wish to cancel the Contract, You may do so by informing us in writing;
13.2.5 If the Contract is cancelled under this Clause 13 before the Hire Period begins, any and all sums You have paid to Us will be refunded in full. Other provisions in these Terms and Conditions regarding the retention of sums paid shall not apply.
14. Communication and Contact Details
If You wish to contact Us with questions or complaints, You may contact Us in person or by telephone at +447466912454, by email at info@luxsauna.co.uk, or by pre-paid post at Lux Sauna, 57 Attfield Walk, Eastbourne, BN22 9LD United Kingdom.
15. Complaints and Feedback
15.1 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.
15.2 All complaints are handled in accordance with Our complaints handling policy and procedure.
15.3 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 Mobile Sauna, please contact Us in one of the following ways:
15.3.1 In writing, addressed to Lux Sauna, 57 Attfield Walk, Eastbourne, BN22 9LD United Kingdom;]
15.3.2 By email info@luxsauna.co.uk;
15.3.3 By contacting Us by telephone on +447466912454
16. How We Use Your Personal Information (Data Protection)
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 https://www.luxsauna.co.uk/privacy-policy.
17. Other Important Terms
17.1 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 occur, 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.
17.2 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.
17.3 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.
17.4 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.
17.5 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.
18. Governing Law and Jurisdiction
18.1 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.
18.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 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.