Hire Agreement regulated by the Consumer Credit Act 1974
This is a rental agreement made between us, Medela UK Limited having our registered office at Unit 3 Huntsman Drive, Northbank Industrial Park, Irlam, M44 5EG and registered in England under Company Number 04800758 and with VAT number 830130876 and you, for the hire of Goods (as defined below).
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Goods to you, what you will be paying, how you and we may change or end the agreement, what to do if there is a problem and other important information.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. By ticking the “Accept” box before you place an order, you agree to be bound by all of the terms in this agreement.
Key Financial Information
Description of Goods: Symphony Double Breast Pump (the “Breast Pump“) and breast shields, bottles and all other materials provided by us that are intended for your personal use (“Pump Set“) (the Breast Pump and Pump Set together constitute the “Goods“).
Payments (inclusive of VAT at 20%):
We will rent out the Goods to you, in return for which you will pay to us an Initial Payment and Monthly Payments (together, these are the Rental Payments).
Initial Payment: The Initial Payment is a payment of £47.00 for the first 14 days of hire of the Goods. The Initial Payment includes delivery and collection costs.
Monthly Payment: After the first 14 days of hire of the Goods, the rental cost for each subsequent consecutive 30-day rental period is £47.00. These are the Monthly Payments. You must pay the first Monthly Payment on the 15th day after the Goods are delivered to you.
You agree to pay the Monthly Payments until the Goods are returned to us at the address below. If the Goods are not returned to us before the start of a 30-day rental period, you will be required to pay the Monthly Payment for that 30-day rental period on the first day of the 30-day rental period. We will not refund any amount from the Monthly Payment, even if the Goods are not retained by you for the entirety of the 30-day rental period.
The cost of replacing a lost or damaged Breast Pump is £1,340. If you lose the Breast Pump, or if you damage the Breast Pump in any way, you may be required to pay us the sum of £1,340.
Rental Period: The rental period starts on the date you take delivery of the Goods and ends when you return the Goods to us, in accordance with the terms of this agreement.
Missing payments could have severe consequences and make obtaining credit more difficult. Please ensure you have sufficient funds to ensure all payments due can be taken on your card. If a payment declines for any reason we will continue to try and take the payment plus any arrears owing. It is your responsibility to make Medela aware of any new card details.
IMPORTANT – READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS
The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement against you without getting a court order.
If you would like to know more about your rights under the Consumer Credit Act 1974, contact either your local Trading Standards Department or your nearest Citizens’ Advice Bureau.
Cancellation Right: You have a right to change your mind and cancel this agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You can do this by writing to Medela UK Limited, Unit 3 Huntsman Drive, Northbank Industrial Park, Irlam, M44 5EG or by contacting us by telephone on 0161 776 0400, and returning the Goods to this address.
Cooling off period: You have 14 days to cancel this agreement starting from the day after you receive the Goods. If you wish to cancel this agreement within these 14 days, you must not use the Goods received from us, and you should ensure that the Goods are returned to us. Provided that the Goods you return to us are not damaged or used, you will not be required to make any further payment. If you lose or damage the Goods, you may be required to make further payments to us. If you cancel this agreement, we will be permitted to charge you for the costs for delivery and for collection of the Goods and we reserve the right to charge you for the cost of the Pump Set (as defined above) if we believe that you have been using this before you return the Goods to us (the delivery, collection and Pump Set costs are included in the Initial Payment). We will reimburse you £15.00 for the Pump Set if you return this to us unused within the 14 day cooling off period.
You must return the Goods to us as set out in the instructions sent to you with the Goods. If you have any problems arranging a collection please contact our customer service team on 0161 776 0400.
Under this agreement the Goods do not become your property in any circumstances and you must not sell them or deal with them in any way which implies that you own them.
TERMS AND CONDITIONS
We are hiring out, and you are taking on hire of the Goods upon the terms and conditions set out in this agreement including those set out above.
We will deliver the Goods to the address you have provided to us and you or a named representative must be available to sign for, and take delivery of the Goods. No deliveries will be made to any address outside the United Kingdom. We are not responsible in the event that we are unable to complete delivery of the Goods as a result of you having provided us with an incomplete or incorrect delivery address.
- Your Obligations
By entering into this agreement, you agree to:
3.1 Pay Rental Payments
Pay to us the Rental Payments specified above by MasterCard/Visa Credit or Visa Debit card. The Initial Payment will be charged to your credit or debit card prior to the Goods being dispatched to you. Monthly Payments will be charged to the same credit or debit card used to make the Initial Payment, unless you notify us otherwise and provide us with details for an alternative valid credit or debit card. This is not a direct debit arrangement. Monthly payments will be taken on a recurring payment agreement until the pump is returned.
3.2 Not to interfere with the Breast Pump
Not interfere, damage, or tamper with the Breast Pump or with any part of the Breast Pump, nor allow anyone else to do so.
3.3 Use and Location
Use the Goods only in accordance with the manufacturer’s instructions and any other instructions supplied by us, and keep them in your possession at all times. You agree that you will not remove the Breast Pump from the United Kingdom without first obtaining written permission from Medela UK Limited.
3.4 Loss or damage
Be responsible, and pay Medela UK Limited, if the Goods are lost or in any way damaged whilst in your possession and notify us immediately of any such loss or damage to the Goods. Where the Goods are damaged or are in any way faulty, you must immediately cease using them and notify us.
3.5 Prohibition against sale etc
Not sell, sublet, assign or in any way transfer the Goods, nor allow them to be seized in satisfaction of your debts or for any other legal process, and you will pay us for all costs, claims, damages and expenses that we suffer as a result of your breach of this agreement.
Provided you comply with the terms and conditions of this agreement, we shall keep the Goods in good repair and working condition, and for this purpose we shall, with your permission, repair and/or replace the Goods or any part of them with equipment of similar (but not necessarily identical) type. You agree to comply with these terms and conditions in respect of any repaired or replacement Goods and you agree to make the Goods available to allow us to affect these repairs / replacement.
- Damage etc
We are responsible to you for foreseeable loss and damage caused by us. If we do not comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. For these purposes, loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods including the right to receive products which are as described; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and where we have supplied defective products under the Consumer Protection Act 1987.
If you fail to make any Rental Payments when due, or if you commit any other breach of this agreement, or suffer a petition for a bankruptcy order to be presented, or call any meeting of your creditors, or execute any assignment for their benefit, we may, after giving you 14 days’ notice, require you to return the Goods to us, and we may end this agreement.
If we decide that you should return the Goods to us, we no longer consent to your possession of the Goods and you must return the Goods to Medela UK Ltd, Unit 3 Huntsman Drive, Northbank Industrial Park, Irlam, M44 5EG or allow us to collect them.
- Non-default Termination
We may, after giving you 14 days’ notice, require you to return the Goods to us at the address above (or allow us to collect them) and end this agreement if you have told us any information that is, or reasonably appears to us to be, incorrect, or if you fail to provide us with information necessary for us to provide the Goods to you, or if we decide that we can no longer efficiently service or maintain the Goods.
- Cancellation within the first 14 days
If you cancel the agreement during the 14 day cooling off period set out in the Key Information section above, we will be permitted to charge you for delivery and collection of the Goods and for the cost of the Pump Set if we believe that this has been used by you or damaged before you return the Goods to us (these costs are included in the Initial Payment). You must ensure the Goods are returned on or before the day upon which the next payment is due to Medela UK Ltd, Unit 3 Huntsman Drive, Northbank Industrial Park, Irlam, M44 5EG.
- Cancellation by you after the first 14 days
If you want to end this agreement after the 14 day cooling off period, you can do so by writing to or telephoning Medela UK Limited. You must ensure the Goods are returned, on or before the day upon which the next payment is due, to Medela UK Ltd, Unit 3 Huntsman Drive, Northbank Industrial Park, Irlam, M44 5EG. Details of how to arrange your collection are provided with your Goods. If you have any problems arranging your collection, please phone customer services on 0161 776 0400. This agreement will continue and we will continue to take Rental Payments from you until the Goods are returned to us. You will be required to make all payments and pay any amounts owed to us until the date the agreement comes to an end.
- Transferring our rights
We may at any time transfer our rights and obligations under this agreement to another party. We will contact you if this happens and we will ensure that this does not adversely affect your rights under this agreement.
- Return of Goods
If you return the Goods to us for any reason (whether following a period of hire by you or where you have cancelled the hire agreement in accordance with these terms and conditions), the Goods must be cleaned by you prior to their return, so that they are in the same clean state as when they were originally received by you. If any returned Goods have not been cleaned sufficiently in our reasonable opinion, we reserve the right to charge you a £40 cleaning fee, which will be charged to your credit or debit card used to pay for the Goods.
- Data Protection
13.1 Before or after you enter into any agreement with us, we may make searches with credit reference agencies, who will keep a record of our enquiries. Such searches can be seen by other organisations making similar searches. We may disclose to such agencies details about you and your conduct (including default in payment) under any agreement between you and us. You should be aware that credit reference agencies may keep a record of the checks they carry out and make them available for use by banks and financial institutions, credit grantors or lenders.
13.2 Details about you and your payment record under this agreement will be used to help make credit, credit related and insurance related decisions about you and occasionally for fraud prevention or to trace debtors. You can contact us for details of the credit reference agencies used by us. You have a legal right to these details and can receive a copy of the information held about you on payment of a fee.
13.3 Information held about you by credit reference agencies may be linked to records relating to any person with whom you are linked financially. We may give information about you and your payment record under this agreement to credit reference agencies, debt collecting agents and any proposed assignee, transferee or chargee of this agreement or of our interest in this agreement, their insurers or advisers. We may use a credit scoring or other automated decision-making system. We may monitor and record telephone calls for the purpose of security and training.
13.4 We may hold your personal data on our computers or in any other way, and use it for the following purposes:
13.4.1 Searching files of credit reference agencies to help make credit decisions on you;
13.4.2 Using automated methods to access your creditworthiness;
13.4.3 Monitoring our service levels;
13.4.4 To help prevent fraud, trace debtors and recover our property;
13.5 We may disclose your data to:
13.5.1 Anyone to whom we have transferred or propose to transfer any of our rights under any agreement between us and you;
13.6 By law you are entitled, upon payment of a fee, to a copy of your personal data, and to rectification of any incorrect data held about you. If you want details of those credit reference agencies from whom we obtain, and to whom we pass, information about you please telephone us on 0161 776 0400. You have a legal right to these details.
- Title and Risk
The Goods shall at all times be owned by us, and you shall not at any time own or have any interest in or to the Goods (save the right to possession and use of the Goods subject to the terms and conditions of this agreement). The risk of loss, theft, damage or destruction of the Goods shall pass to you once the Goods have been delivered to you. The Goods shall remain at your sole risk during the period that the Goods are in your possession, custody or control, until the time that the Goods are returned to us.
- Governing Law
This agreement and our dealings with you before the agreement is made are governed by the laws of England and Wales. Any dispute can be dealt with by an English or Welsh court unless your address is in Scotland (where it will be dealt with by the courts of Scotland) or Northern Ireland (where it will be dealt with by the courts of Northern Ireland).
- How can you make a complaint?
If we do not give the standard of service you expect, or if you think we have made a mistake, please let us know so we can investigate, put matters right and take steps to prevent it happening again. For this purpose, please write to us at Medela UK Ltd, Unit 3 Huntsman Drive, Northbank Industrial Park, Irlam, M44 5EG or phone our customer services team on 0161 776 0400.
If you are not happy with the way that we deal with your complaint, you may be able to refer your complaint to the Financial Ombudsman Service by writing to Financial Ombudsman Service, Exchange Tower, London E14 9SR, calling 0800 023 4 567 or 0300 123 9 123 or sending an email to email@example.com. You can find out more about the Financial Ombudsman service on their website at www.financial-ombudsman.co.uk.
- How we are authorised
Medela UK Limited is [authorised and regulated by the Financial Conduct Authority]. Our Financial Services Register number is 726087. You can check these details by visiting the Financial Conduct Authority website www.fca.org.uk or by contacting the Financial Conduct Authority on 0800 111 6768. The Financial Conduct Authority is the supervisory authority under the Consumer Credit Act 1974 and the Payment Services Regulations 2009. Its address is 25 The North Colonnade, Canary Wharf, London, E14 5HS.