1. These Terms
1.1. These are the terms and conditions on which we supply our Equipment and Services to you. Any reference to “Terms” in this document means these terms and conditions.
1.2. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Equipment and Services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information.
2. About Us
2.1. We are Veazy Limited a company registered in England and Wales. Our company registration number is 13257854 and our registered office is at Wells Road Business Centre, Unit 3, Wells Road, Ilkley, West Yorkshire, United Kingdom, LS29 9JB.
2.2. You can contact us by telephoning our customer service team at [email protected] or by writing to us at Woodbottom Farm Barn, Stainburn Lane, Stainburn, LS21 2LQ.
2.3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. When we use the words “writing” or “written” in these Terms, this includes emails.
3. Our Contract With You
3.1. Orders must be placed through our website at www.veazynow.com.
3.2. 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. This confirmation email is referred to as the “Order Confirmation” in these Terms.
3.3. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Equipment or Service. This might be because the Equipment is out of stock, because of unexpected limits on our resources, because we have identified an error in the price or description of the Equipment or because we are unable to meet a delivery deadline you have specified.
3.4. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
4. Our Equipment
4.1. In these Terms “Equipment” means the cameras, selfie stick, charger, micro SD memory
card and other camera accessories which we make available for hire.
4.2. Full details of the Equipment including the maximum amount of footage which can be filmed can be found on our website and will be contained in your Order Confirmation.
4.3. The Equipment shall remain our absolute property and you will have no right, title or interest in the Equipment, except that it is hired to you for an agreed period.
4.4. The images of any Equipment on our website are for illustrative purposes only, and although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Equipment. Your Equipment may vary slightly from those images and we may send you Equipment which varies cosmetically from that ordered but these changes will not affect your use of the Equipment.
5. Delivering the Equipment
5.1. The costs of delivery will be included in the Price displayed on our website and set out in
the Order Confirmation.
5.2. You must tell us the date that the experience for which you want the Equipment starts (the “Start Date”) during the order process. Orders must be placed at least five days before the Start Date and we will deliver the Equipment to you no later than two days before the Start Date.
5.3. If delivery of the Equipment is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Equipment or Services you have paid for but not received.
5.4. If no one is available at your address to take delivery and the Equipment cannot be posted through your letterbox, we will either leave it in the place you specified during the order process, or we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. It is your responsibility to ensure that someone is available at your address to take delivery of the Equipment, or to provide us with details of suitable alternative arrangements.
5.5. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we may charge you for storage costs, costs of returning the Equipment to us or any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the Contract and clause 14.2 will apply.
5.6. If we miss the delivery deadline for the Equipment (other than because no one is at your address when we try to deliver it, and you have not left us details of suitable alternative arrangements) then you may treat the Contract as at an end straight away if any of the following apply:
5.6.1. we have refused to deliver the Equipment;
5.6.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
5.6.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
5.7. The Equipment will be your responsibility from the time we deliver the Equipment to the address you gave us until you post the Equipment back to us using the provided packing.
5.8. We may have to change the Equipment we provide in order to:
5.8.1. deal with technical problems or make minor technical changes which will not affect your use of the Equipment; or
5.8.2. update the product to reflect changes in relevant laws and regulatory requirements;
5.8.3. make changes to the Equipment as requested by you or notified by us to you.
5.9. We will contact you in advance to tell you we will be changing the Equipment, unless the problem is urgent or an emergency.
6. Checking the Equipment
6.1. We work hard to ensure all Equipment is sent out in full working order, but you should examine the Equipment carefully when it arrives to check everything is in good working order
6.2. If there are any issues when the Equipment arrives you should contact us straight away and in any event within 24 hours using [email protected].
6.3. When we are able to resolve any issues identified straight away we will do so. If we cannot resolve the issue straight away we will try to deliver replacement Equipment to you or will offer you a full refund if we can not do so before the Start Date.
7. Using the Equipment
7.1. It is important that you use the Equipment correctly and in accordance with the instructions we give to you. This will help to ensure your safety when using the Equipment, allow you to film great content and avoid damage to the Equipment.
7.2. Each order contains a user manual with details on how to use the Equipment and contact details for technical support if required.
7.3. You should not:
7.3.1. drop, puncture, disassemble, open, crush, bend, deform, puncture, shred, microwave, incinerate, or paint the camera or camera battery. Disassembling or puncturing the camera battery can cause an explosion or fire;
7.3.2. insert foreign objects into any opening on the camera; or
7.3.3. use the camera or battery if it has been damaged, is cracked, punctured, or harmed by water.
7.4. The Equipment will arrive with the micro SD memory card already installed in the camera, and with the camera set up to ensure the most effective filming settings. The buttons on the camera will be taped off and should not be tampered with.
7.5. Any tampering with the micro SD memory card or the camera settings may impact on the quality of the filming and the amount of time you will have to film, both of which may prevent us creating a useable video for you.
7.6. Please be aware that it is your responsibility to ensure that the camera is filming throughout the experience.
7.7. We cannot be held responsible for the lack of footage, poor quality of filming or inability to create a bespoke video for you if this is caused by:
7.7.1. your loss of the camera, memory card or other Equipment;
7.7.2. your failure to return the Equipment within 24 days of the Return Date;
7.7.3. any tampering with the micro SD card or the camera settings by you; or
7.7.4. your incorrect use of the Equipment.
7.8. A branded postcard with the important dates and details of the returns process and Return Date will be included in your order.
8. Returning the Equipment
8.1. You must return all Equipment using the pre paid packaging provided.
8.2. The Order Confirmation and the documents in the order set out the designated “Return Date” for returning the Equipment.
8.3. If by the Return Date you fail to return the Equipment we reserve the right to charge you for the Equipment at a rate of £10 per day for each day or part thereof starting on the Return Date and ending when you have returned all of the Equipment to us.
8.4. If, 24 days after the Return Date you have not returned any part of the Equipment to us, in addition to paying the charges in clause 8.3 we will have the right to:
8.4.1. charge you the full cost of replacing the unreturned Equipment up to a maximum of £300 per camera; and
8.4.2. terminate the Contract under clause 14.1.3.
8.5. If you have any problems with the pre-paid packaging or think you will not be able to return the Equipment by the Return Date please contact us as soon as possible and we will work to resolve this with you.
9. Video Services
9.1. Once you have returned the Equipment to us we will edit the recorded footage and will create one bespoke video the length of which you will shall specify at the time of ordering and will be set out in the Order Confirmation,
these are referred to in these Terms as the “Videos”.
9.2. We will send the Videos using a unique link addressed to the email address specified in the Order Confirmation no later than 7 days after we have received the returned Equipment from you.
9.3. Once you have received the Videos you will have 7 days to review the Videos and contact us if there are any problems.
9.4. We will delete all footage from the camera, the memory card and from all of our computer systems 7 days after we send the Videos to you if you have not been in touch with us to make us aware of any issues with the Videos.
9.5. If you want us to send you all of the footage recorded during your hire and this is not included in the package you have selected, you may request this by emailing us at [email protected]. There will be an additional charge of £75 for us to do this.
9.6. We reserve the right to report illegal or inappropriate content filmed on our Equipment to law enforcement authorities as we reasonably feel is necessary or as required by law.
10. Price and Payment
10.1. The Price for the Equipment and Services will be the price set out on our website and confirmed in the Order Confirmation.
10.2. You must make full payment at the time of placing your order. We will not send out an Order Confirmation to confirm your order until full payment has been made.
10.3. VAT is charged on all orders, and is included in the Price quoted this will be calculated at the rate on the date the order is placed and paid for.
11. Your Responsibilities
11.1. You are responsible for any damage, loss or theft of the Equipment whilst in your care. In
the case of loss, damage or theft of the Equipment, you should contact us immediately.
11.2. You must return the Equipment in the same condition as received, ordinary wear and tear accepted. We will charge you for any loss or damage to the Equipment up to a maximum of £300 per camera.
11.3. We recommend you have in place adequate insurance which covers the Equipment for loss or damage and advise that you check this insurance carefully to ensure the Equipment will be covered.
11.4. You are solely responsible for the equipment, and those who use it, whilst it is in your possession and accept full responsibility for loss or damage to the Equipment.
11.5. You agree that you will be liable and will reimburse us for any costs which we incur arising from any use, damage (whether visible or not) or operation of the Equipment, and by whosoever used or operated the Equipment whilst you have the Equipment.
11.6. We are not responsible for accident or injury caused directly or indirectly by the use of the rented equipment except for death or personal injury caused by our negligence.
12. Your Legal Rights
12.1. You have certain rights to make changes to your order, cancel your order and/or receive a refund for the Price paid. Your rights will depend on whether we have already provided the Equipment and Services, and whether we have provided the Equipment and Services in line with this Contract.
12.2. We are under a legal duty to provide Equipment and Services that are in conformity with this Contract. Your key legal rights are set out below, but please note that nothing in these Terms will affect your legal rights.
12.3. For more detailed information on your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
12.4. If you wish to exercise any of your legal rights above to end the Contract you can do so by contacting us at [email protected]. You may use the attached model cancellation form, but it is not obligatory.
12.5. If you end the Contract after you have received the Equipment, you should return the Equipment to us using the pre-paid packaging provided.
12.6. If your legal rights as set out above entitle you to a refund we will refund you the Price you paid for the order using the method you used for payment within 14 days of you requesting a refund.
13. Our Rights to End the Contract
13.1. We may end the Contract at any time by writing to you if:
13.1.1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Equipment or Services, for example your contact details and delivery address;
13.1.2. you do not, within a reasonable time, accept delivery of the Equipment; or
13.1.3. you do not return the Equipment to us within 24 days of the Return Date.
13.2. If we end the Contract in one of the situations set out in clause 13.1 we will refund any money you have paid in advance for Equipment we have not provided but we may deduct or charge you a reasonable amount to reflect the costs we will incur as a result of your breaking the Contract.
14. Our Responsibility for Loss or Damage Suffered By You
14.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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.
14.2. 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Equipment and Services including the right to receive products which are: as described; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.
14.3. If the Videos which we supply damages a device belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
14.4. We are not liable for business losses. We only supply the Equipment for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.1. You agree that we will own the copyright and any other intellectual property rights in the footage recorded on the Equipment and the Videos created.
15.2. We give permission for you to use the Videos for your own personal and domestic purposes only unless agreed otherwise.
15.3. You assume all liability for any form of copyright infringement and are responsible for obtaining permission from anybody you film using the Equipment.
16. How We May Use Your Personal Information
17. Other Important Terms
17.1. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract
17.2. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
17.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.6. These Terms are governed by English law and you can bring legal proceedings in respect of the Contract in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Veazy Limited, Wells Road Business Centre, Unit 3, Wells Road, Ilkley, West Yorkshire, United Kingdom, LS29 9JB.
Email: [email protected]
I hereby give notice that I cancel my contract for supply of the following service: ……………………. Ordered on ……………………..
Name of consumer……………………………………….
Address of consumer……………………………………..
Signature of consumer (only if this form is notified on paper) ………………………………………………………………. Date………………………………………………………….