WHYBUY TERMS & CONDITIONS
PART A: GENERAL TERMS APPLYING Customers
1.1 In these Terms:
the following words and expressions shall, unless the context or circumstances require otherwise, have the meanings assigned to them below:
“Additional Charges” means charges applicable to the provision of the Hired Item which are charged in addition to the Charges including those additional costs and expenses referred to in these Terms;
“Charges” means the charges set out in the Contract or if no charges are detailed in the Contract, WHYBUY standard charges for the relevant Hired Item in force on the date WHYBUY issues a written acceptance of the Order to the Hirer;
“Commencement Date” means the date on which the relevant Contract is formed in accordance with clause 3.1;
“Contract” means the contract between WHYBUY and the Hirer formed in accordance with clause 3.2;
“Damage Waiver” means the optional waiver of liability for payment by the Hirer for damage to Hired Item as set out in clause 7;
“Damage Waiver Plus” means the optional waiver of liability for payment by the Hirer for loss or damage to Hired Item as set out in clause 7;
“Hired Item” means the item(s) hired by the Hirer as listed in the Order, all substitutions, replacements or renewals of such hired item and all related accessories, manuals and instructions provided for the hired item;
“Hire Period” means the period of hire of the Hired Item as set out in the Contract, unless the Contract is terminated earlier in accordance with these Terms or extended by agreement between WHYBUY and the Hirer;
“Hirer” means the Consumer or Trader set out as such in the Contract;
“WHYBUY” means the relevant WHYBUY company set out in the Contract;
“Order” means the individual orders for the hire of Hired Item placed by the Hirer from time to time in accordance with these Terms;
“Replacement Cost” means the cost of replacing any item of Hired Item or part of it including but not limited to the cost of the item or part of it, any unpaid Charges that would otherwise have been paid by the Hirer were it not for such replacement, and a reasonable administrative charge to be determined by WHYBUY covering the cost to WHYBUY of administering the replacement, the full amount of such cost will be notified to the Hirer prior to formation of the Contract;
“Site” means any premises or location at which the Hired Item is to be delivered to or collected from or is otherwise located; and
“Terms” means these terms and conditions.
1.2 references to the singular include the plural and vice versa and references to any gender include every gender;
1.3 references to a “person” include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality);
1.4 in the event that there is a conflict between Part A, Part B and Part C, Part A shall prevail and then Part B in the case of a Consumer and Part C in the case of a Trader; and
1.5 any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions shall be construed without limitation and accordingly shall not limit the meaning of the words preceding them.
2. INFORMATION ABOUT WHYBUY AND CONTACTING WHYBUY
2.1 Who is WHYBUY: [INSERT The name, company registration number, registered office address and VAT number of the relevant WHYBUY company from which the Hired Item will be hired is set out in the Contract].
2.2 How to contact WHYBUY: If the Hirer has any questions or if the Hirer has any complaints, the Hirer should contact WHYBUY. WHYBUY can be contacted via firstname.lastname@example.org or calling 0333 3403 150.
2.3 How WHYBUY may contact the Hirer. If WHYBUY has to contact the Hirer, WHYBUY will do so by telephone or by writing to the Hirer at the email address the Hirer provides to WHYBUY in the Order.
3. FORMATION OF CONTRACT AND ORDERS
3.1 The Hirer’s Order is an offer to hire from WHYBUY. Each Order placed by the Hirer will be an offer by the Hirer to hire the Hired Item on these Terms. The Hirer will ensure that each Order is accurate and complete and that the Hired Item is suitable for the Hirer’s requirements.
3.2 How we, WHYBUY, accept the Order. A Contract will be formed between WHYBUY and the Hirer for the provision of the Hired Item set out in the Order when WHYBUY issues a written acceptance of the Order to the Hirer.
3.3 WHYBUY may not accept your Order. If WHYBUY is unable to accept an Order for any reason, WHYBUY will inform the Hirer of this and will not charge for the Hired Item.
3.4 When will the Contract commence. The Contract shall commence on the Commencement Date and shall continue for the Hire Period unless terminated earlier in accordance with these Terms.
3.5 WHYBUY hires items in the UK and Ireland only. WHYBUY’S website is solely for the promotion of WHYBUY’S Hired Item in the UK and Ireland. WhyBuy is not available in all areas of either country. Your area may not form part of the company’s coverage area.
4. THE HIRED ITEM
4.1 WHYBUY retains ownership of any item hired under the terms of this agreement. The Hirer acknowledges that any and all items remain at all times the property of WHYBUY (or its supplier as applicable). The Hirer has no right, title or interest in the Hired Item except that it is hired to the Hirer in accordance with the terms of the Contract.
4.2 The Hirer will have quiet possession of the Hired Item. WHYBUY shall not, other than in the exercise of its rights under the Contract or applicable law, interfere with the Hirer’s quiet possession of the Hired Item during any Hire Period.
4.3 Hirer to notify WHYBUY of any and all issues with or caused by the Hired Item. The Hirer shall immediately notify WHYBUY of any loss or theft, accident, damage or defect in the Hired Item or if the Hirer considers that the Hired Item may cause damage to the Hirer’s property or health..
4.4 WHYBUY may need access to a Site to inspect and repair the Hired Item or to instruct proper use. . Whybuy and the Hirer shall agree (or shall procure that WHYBUY or its authorised representative is granted) access to the Site at a mutually agreed times and/or carry out any inspections or repairs of the Hired Item.
4.5 The Hirer will replace any fuel in the Hired Item. Where the Hired Item is supplied with fuel, the Hirer shall return the Hired Item with the same or a greater amount of fuel. WHYBUY shall be entitled to charge the Hirer for any refuelling costs if the Hirer fails to comply with this clause 4.5, at such rates as may be notified to the Hirer from time to time.
4.6 Use and storage of the Hired Item by Hirer. The Hirer:
4.6.1 shall keep the Hired Item in good repair and condition, notwithstanding fair wear and tear. The Hirer shall not repair or allow any third party to repair the Hired Item and shall notify WHYBUY immediately if any repair is necessary;
4.6.2 shall ensure that the proper type of fuel, oil and/or voltage is used where the Hired Item requires fuel, oil and/or electricity;
4.6.3 shall not sell, licence or create any security interest or type of preferential arrangement on or over the Hired Item;
4.6.4 shall use the Hired Item in compliance with all laws and applicable regulations including any health and safety legislation which relates to the use of the Hired Item and in accordance with any operating and/or safety instructions provided to or supplied to the Hirer by WHYBUY;
4.6.5 shall not make any functional or aesthetic alteration to the Hired Item (including defacing or covering up WHYBUY’S name plate or mark);
4.6.6 shall not, without the prior written consent of WHYBUY, attach the Hired Item to any land or building so as to cause the Hired Item to become a permanent or immovable fixture on such land or building;
4.6.7 shall not, without the prior written consent of WHYBUY, part with control of the Hired Item;
4.6.8 shall not do or permit to be done anything which could invalidate WHYBUY’S insurances;
4.6.9 is responsible for the security of the Hired Item whilst in the Hirer’s possession; and
4.6.10 will take all appropriate measures to secure the Hired Item at the Site, including when not in use.
4.7 Damage to or loss of Hired Item. Subject to clause 7, the Hirer shall pay WHYBUY:
4.7.1 all costs and expenses in respect of: (i) rectifying any damage to the Hired Item, notwithstanding fair wear and tear, which occurred during the Hire Period in which the Hired Item was at the Hirer’s risk; whilst WHYBUY will be responsible for the cleaning and general upkeep of the items when they are returned at the end of the Hire Period, WHYBUY expects that the Hired Item will be cared for in a fair and respectable manner. In the event that the Hirer returns the Hired Item in a condition of less quality than it was ordered, costs and expenses of repair or replacement shall be confirmed to the Hirer by WHYBUY, subject to supporting documentation. The Hirer will continue to pay the Charges until any repairs and or cleaning have been completed. In addition to this, WhyBuy reserves the right to limit future ordering;
4.7.2 the Replacement Cost in respect of lost or stolen Hired Item and/or Hired Item which is beyond economic repair and the Hirer will continue to pay the Charges, until the Replacement Cost has been received by WHYBUY.
4.8 On expiry or cancellation of the Contract for whatever reason the Hired Item at such time in the possession of the Hirer shall immediately become due for return to WHYBUY and unless agreed otherwise in writing, the Hirer will return the Hired Item to WHYBUY.
4.9 WHYBUY requires access to recover the Hired Item. The Hirer will grant, and will ensure that the owner of any third party premises will grant to WHYBUY, its agents, employees and sub-contractors the right to enter any premises where the Hired Item is or may be stored in order to recover the Hired Item. The rights granted in this clause 4.9 are without prejudice to any rights and remedies of WHYBUY.
5. DELIVERY AND COLLECTION
5.1 When WHYBUY will provide the Hired Item. During the order process WHYBUY will let the Hirer know when WHYBUY will provide the Hired Item.
5.2 WHYBUY is not responsible for delays outside of WHYBUY’S control. If WHYBUY’S supply of the Hired Item is delayed by an event outside WHYBUY’S control then WHYBUY will contact the Hirer as soon as is practicable to notify the Hirer know. WHYBUY will take reasonable steps to minimise the effect of the delay. WHYBUY will not be liable for delays caused by any event outside WHYBUY’S control. If there is a risk of substantial delay the Hirer may contact WHYBUY to end the Contract and receive a refund for any Hired Item paid for but not received.
5.3 If the Hirer does not allow WHYBUY access to provide the Hired Item. If the Hirer does not allow or procure WHYBUY access to its property to provide the Hired Item as arranged WHYBUY may charge the Hirer additional costs incurred by WHYBUY as a result. If, despite WHYBUY’S reasonable efforts, WHYBUY is unable to contact the Hirer or re-arrange access to the Hirer’s property WHYBUY may terminate the Contract. It is the Hirer’s responsibility to ensure that the Site has been inspected by the Hirer and that the Site is adequately prepared to allow WHYBUY to access it to effect delivery in a safe manner without causing damage or loss to WHYBUY’s property. The Hirer acknowledges that WHYBUY may effect deliveries or collections in large, heavy commercial vehicles and will hold WHYBUY harmless in the event of any damage caused by lack of Site preparation by the Hirer, to include poor access routes and/or ground conditions. If the Hirer has any concerns around access and safe delivery, this should be raised with WHYBUY staff prior to completing an Order and noted on the Order, failing which WHYBUY shall have no liability for damage to Site or delayed or failed delivery and the Hirer shall be liable for any related charges, including redelivery charges.
5.4 When the Hirer becomes responsible for the Hired Item. Delivery will occur when the Hired Item is made available to the Hirer at the delivery address (whether at WHYBUY’S premises or a Site). Unless otherwise agreed by the parties in writing, risk of loss, theft, damage or destruction of the Hired Item shall pass to the Hirer on delivery in accordance with this clause and will return to WHYBUY once the Hired Item is loaded onto the collection vehicle by the Hirer.
5.5 What will happen if the Hirer does not give required information to WHYBUY. WHYBUY may need certain information from the Hirer so that WHYBUY can supply the Hired Item, for example, delivery details. WHYBUY will contact the Hirer to ask for this information. If the Hirer does not give WHYBUY this information within a reasonable time of WHYBUY asking for it, or if the Hirer gives WHYBUY incomplete or incorrect information, WHYBUY may either end the Contract or make an additional charge of a reasonable sum to compensate WHYBUY for any extra work that is required as a result. WHYBUY will not be responsible for supplying the Hired Item late or not supplying any part of it if this is caused by the Hirer not giving WHYBUY the information WHYBUY needs within a reasonable time of WHYBUY asking for it.
5.6 If the Hirer does not allow WHYBUY access to collect the Hired Item. The Hirer shall grant or procure the grant of access to the Site to WHYBUY to allow the collection of the Hired Item and make the Hired Item available for collection by WHYBUY on the date and time agreed between the parties. If WHYBUY is unable to collect the Hired Item as arranged WHYBUY may charge the Hirer any additional costs incurred by WHYBUY as a result.
5.7 Branch collections and returns. When a Hirer wishes to collect or return Hired Item from or to an WHYBUY branch or place of business, it shall be the Hirer’s responsibility to prepare its vehicle so that the collection/return can be carried out without damage being caused to such vehicle or injuries being sustained by the Hirer or by WHYBUY staff and the Hirer shall hold WHYBUY harmless in the event of contravention of this. Should the Hirer have any doubt as to whether this can be complied with, it should ask WHYBUY to arrange a collection/delivery, subject to Charges (as applicable).
6. CHARGES AND PAYMENT
6.1 Where to find the Charges. The Charges (which includes Value Added Tax, (“VAT”)) will be the price indicated on the order pages (or otherwise notified to the Hirer) when the Hirer places the Order.
6.2 Variation of the Charges. WHYBUY will be entitled to vary the Charges and any Additional Charges at any time by giving written notice to the Hirer to reflect any variation in the cost of supplying the Hired Item which arises as a consequence of:
6.2.1 any variation in the Hirer’s requirements for the Hired Item;
6.2.2 any information provided by the Hirer being inaccurate or incomplete; or
6.2.3 any failure or delay by the Hirer in providing information.
6.3 A deposit or other payment information may be required. At the time the Hired Item is ordered, WHYBUY may require the Hirer to pay a deposit and/or require the Hirer to provide details of a valid credit or debit card and allow WHYBUY to take a deposit (“Deposit”).
6.4 Status of the Deposit. The Deposit shall be a deposit against default by the Hirer of payment of any Charges or any loss of or damage caused to the Hired Item.
6.5 WHYBUY may off-set the Deposit against amounts owed by the Hirer to WHYBUY. If Damage Waiver Plus is not purchased by the Hirer and the Hirer fails without due cause to make any payment of the Charges or any Replacement Cost or causes any loss or damage to the Hired Item (in whole or in part), WHYBUY shall be entitled to apply the Deposit against such default, loss, Replacement Cost or damage.
6.6 Return of Deposit. Unless WHYBUY is entitled to make a deduction from the Deposit in accordance with clause 6.5, the full amount of the Deposit will be returned to the Hirer within 5 working days of the end of the Hire Period.
6.7 When the Hirer must pay and how. The Hirer must pay the Charges at the time agreed in the Contact. Unless otherwise agreed by the parties in writing or in the Contract, any invoices submitted by WHYBUY shall be paid by the Hirer within a period of thirty (30) days from the end of the month in which the relevant invoice is issued.
6.8 WHYBUY will pass on changes in the rate of VAT. If the rate of VAT changes between the Order date and the date WHYBUY supplies the Hired Item, WHYBUY will adjust the rate of VAT that the Hirer pays, unless the Hirer has already paid for the Hired Item in full before the change in the rate of VAT takes effect.
6.9 WHYBUY can charge interest if the Hirer pays late. If the Hirer is a Consumer, the provisions of clause 17 shall apply.
6.10 Other remedies of WHYBUY for late payment. Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be responsible for reasonable legal charges incurred by WHYBUY in the recovery of amounts due or the recovery of the Hired Item. In addition, WHYBUY is entitled to suspend further services to the Hirer.
7. DAMAGE WAIVER AND DAMAGE WAIVER PLUS
Damage Waiver or Damage Waiver Plus may be offered to the Hirer or, in some cases, may be a requirement by WHYBUY of its Contract with the Hirer. The provisions of clauses 7.1 to 7.5 shall apply if Damage Waiver or Damage Waiver Plus (as applicable) has been taken up by the Hirer.
7.1 Damage Waiver: Subject to the remainder of this clause 7, if the Hirer contracts to pay the Damage Waiver charge, being a sum equal to 10% of the Charges (where available as an option) WHYBUY will waive any further charge for rectifying accidentally damaged Hired Item.
7.2 Damage Waiver Plus: Subject to the remainder of this clause 7, if the Hirer contracts to pay the Damage Waiver Plus charge being a sum equal to 15% of the Charges (where available as an option) WHYBUY will waive any further charges for (i) rectifying accidently damaged Hired Item; and/or (ii) loss or theft of the Hired Item.
7.3 Conditions of Damage Waiver Plus applying: The waiver provided by Damage Waiver Plus is subject to the following conditions:
7.3.1 the Hirer must be able to demonstrate that reasonable care has been taken to prevent loss;
7.3.2 loss or theft of Hired Item must be reported to the Police and a crime reference number obtained;
7.3.3 the Hirer must notify WHYBUY within forty eight (48) hours of the loss or theft and obtain a WHYBUY loss or theft report form. The completed form must be returned to: Claims Department, WHYBUY Hire, Oakland House, 76 Talbot Road, Old Trafford, Manchester, M16 0PQ. Tel: 0161 749 4520
7.3.4 the maximum value of loss waived for any single Contract will be five thousand pounds (£5,000). Any loss above this value will be charged to the Hirer by WHYBUY.
7.4 When Damage Waiver Plus will not apply. Damage Waiver Plus shall not apply and the Hirer shall be responsible for any damage to, or loss of, the Hired Item in the following circumstances:
7.4.1 theft of consumable goods;
7.4.2 loss due to the dishonesty, wilful defect or negligence of any Hirer’s employee, sub-contractor or agent of the Hirer;
7.4.3 theft from a vehicle where the Hired Item was left visible and unattended;
7.4.4 loss of Hired Item revealed only when an inventory is made or at collection;
7.4.5 loss arising from civil disturbance; and/or
7.4.6 loss occurring outside the UK and the Republic of Ireland.
7.5 Limitations and exclusions for Damage Waiver and Damage Waiver Plus: Damage Waiver or Damage Waiver Plus does not cover the following and the Hirer shall remain responsible to WHYBUY for:
7.5.1 the first £50 or 20% of the Replacement Cost (whichever is the greater amount) of any Hired Item loss claim;
7.5.2 50% of the Replacement Cost for theft of Hired Item left unattended overnight outside a secure compound or building or stored overnight in a secured vehicle;
7.5.3 tyre punctures and/or Replacement Costs due to irreparable tyre damage;
7.5.4 damage or loss caused by the Hirer’s negligence, damage or breach of the Contract including damage or loss connected to the Hirer’s obligations set out in clause 4.6; and
7.5.5 damage or loss caused by or contributed to as a result of the misuse, neglect, alteration, mishandling or unauthorised manipulation of the Hired Item by the Hirer.
8.1 Which version of our Terms apply to your order. WHYBUY amends these Terms from time to time. Every time a Hirer orders Hired Item from us, the terms in force at the time of the Order will apply to the Contract between the Hirer and WHYBUY.
8.2 Amending the Terms applicable to your Order. WHYBUY may revise these Terms as they apply to an Order from time to time to reflect the following circumstances:
8.2.1 changes in relevant laws and regulatory requirement; and
8.2.2 changes to WHYBUY’S processes and procedures.
If WHYBUY have to revise these Terms as they apply to an Order, WHYBUY will contact the Hirer to give the Hirer reasonable advance notice of the changes and let the Hirer know how to cancel the Contract if the Hirer is not happy with the changes. The Hirer may cancel either in respect of all the affected Hired Item or just any Hired Item the Hirer has yet to receive. If the Hirer opts to cancel, WHYBUY will have to return (at WHYBUY’S cost) any relevant Hired Item already received and WHYBUY will arrange a full refund of the price paid by the Hirer.
9. HOW WHYBUY MAY USE A HIRER’S PERSONAL INFORMATION
How WHYBUY will use a Hirer’s personal information.
WHYBUY is the data controller of any personal information a Hirer provides to us. WHYBUY will collect and process such information in order to process and fulfil an Order.
If the Hirer is providing personal data of another individual to WHYBUY, the Hirer must tell that individual that the Hirer is providing their information to WHYBUY and show them a copy of this notice.
10.1 Even if WHYBUY delays in enforcing a Contract, WHYBUY can still enforce it later. If WHYBUY fails to insist that the Hirer performs any of its obligations under a Contract or if WHYBUY does not enforce its rights against the Hirer, or if WHYBUY delays doing so, that will not mean that WHYBUY has agreed not to enforce its rights against the Hirer and will not mean that the Hirer does not have to comply with those obligations. If WHYBUY does waive a default by the Hirer, WHYBUY will only do so in writing, and that will not mean that WHYBUY will automatically waive any later default by the Hirer.
10.2 If a court finds part of the Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any term is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.3 Nobody else has any rights under a Contract. The parties do not intend that any term of a Contract shall be enforceable by any person other than the parties.
10.4 The Hirer needs the consent of WHYBUY to transfer its rights to someone else. The Contract is personal to the Hirer and the Hirer shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under the Contract without the prior written consent of WHYBUY.
11. GOVERNING LAW AND JURISDICTION
11.1 Which laws apply. These Terms and any and all Contracts and any non-contractual obligations arising out of or in connection with them will be governed by English law.
11.2 Where you may bring legal proceedings. WHYBUY and the Hirer both agree that the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms and any and all Contracts (including in relation to any non-contractual obligations), except if the Hirer is a Consumer and a resident of Northern Ireland the Hirer may also bring proceedings in Northern Ireland, and if the Hirer is a Consumer and a resident of Scotland, the Hirer may also bring proceedings in Scotland.
12.1 WHYBUY is responsible to the Hirer for foreseeable loss and damage caused by WHYBUY. If WHYBUY fails to comply with the Contract, WHYBUY is responsible for loss or damage the Hirer suffers that is a foreseeable result of WHYBUY breaking the Contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Hirer and WHYBUY knew it might happen, for example, if WHYBUY and the Hirer discussed it during the sales process.
12.2 WHYBUY does not exclude or limit in any way WHYBUY’S liability where it would be unlawful to do so. This includes liability for:
12.2.1 death or personal injury caused by WHYBUY’S negligence or the negligence of WHYBUY’S employees, agents or subcontractors;
12.2.2 for fraud or fraudulent misrepresentation;
12.2.3 for breach of the Hirer’s legal rights in relation to the Hired Item including the right to receive Hired Item; and
12.2.4 for any matter for which WHYBUY is not permitted by law to exclude or limit, or to attempt to exclude or limit, liability.
12.3 WHYBUY is not liable for business losses. WHYBUY only supply the Hired Item for domestic and private use. If the Hirer uses the Hired Item for any commercial, business or re-sale purpose WHYBUY will have no liability to the Hirer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 AS A CONSUMER, THE HIRER HAS LEGAL RIGHTS AND REMEDIES IN RELATION TO THE PROVISION OF THE HIRED ITEM. ADVICE ABOUT THE HIRER’S LEGAL RIGHTS AND REMEDIES IS AVAILABLE FROM THE CITIZENS' ADVICE BUREAU. NOTHING IN THESE TERMS WILL AFFECT THE HIRER’S LEGAL RIGHTS AND REMEDIES.
13. AUTOMATIC CANCELLATION OF CONTRACT
Automatic termination at day 88 of the Contract term. Subject to WHYBUY’S and the Hirer’s rights to cancel set out in the Contract, the Hire Period shall not exceed 88 days in any circumstances and each Contract will automatically end 88 days after the Commencement Date.
14. THE HIRER’S RIGHTS TO END THE CONTRACT
14.1 Ending the Contract because of something WHYBUY has done or are going to do. If the Hirer is ending a Contract for a reason set out at clause 14.1.1 to 14.1.5 below the Hirer may end the Contract immediately and WHYBUY will refund the Hirer in full for any Hired Item which has not been provided. The reasons are:
14.1.1 WHYBUY has told the Hirer about an upcoming change to these Terms which the Hirer does not agree to;
14.1.2 WHYBUY has told the Hirer about an error in the price or description of the Hired Item ordered and the Hirer does not wish to proceed;
14.1.3 there is a risk that supply of the Hired Item may be significantly delayed because of events outside of WHYBUY’S control;
14.1.4 WHYBUY has suspended supply of the Hired Item for technical reasons, or notify the Hirer that it is going to suspend it for technical reasons; or
14.1.5 the Hirer has a legal right to end the contract because of something WHYBUY has done wrong.
15. HOW TO END THE CONTRACT WITH WHYBUY
15.1 Telling WHYBUY. To exercise the right to cancel, the Hirer must inform WHYBUY by a clear statement (e.g. a letter sent by post or e-mail), using the information above under “How to contact WHYBUY” in clause 2.2.
15.2 Returning Hired Item after ending the Contract. If the Hirer ends the Contract for any reason after Hired Item has been dispatched or delivered to the Hirer, the Hirer must return them to WHYBUY or allow WHYBUY to collect them. Please call your local branch using the information above under “How to contact WHYBUY” in clause 2.2.
15.3 Costs of return. WHYBUY may pay the costs of return subject to WHYBUY being satisfied, acting reasonably, that:
15.3.1 the Hired Item is faulty or is not as described; or
15.3.2 the Hirer is ending the Contract because WHYBUY told the Hirer of an upcoming change to the Hired Item or these Terms, an error in pricing or description, a delay in delivery due to events outside WHYBUY’S control or because the Hirer has a legal right to do so as a result of something WHYBUY has done wrong.
In all other circumstances, the Hirer must pay the costs of return.
15.4 What WHYBUY charges for collection. If the Hirer is responsible for the costs of return and WHYBUY is collecting the Hired Item from the Hirer, WHYBUY will charge the Hirer the direct cost to WHYBUY of collection.
15.5 How WHYBUY will refund the Hirer. WHYBUY will refund the Hirer the price the Hirer paid for hiring the Hired Item including delivery costs, by the method the Hirer used for payment. WHYBUY will make any refunds due to the Hirer as soon as possible.
16. WHYBUY’S RIGHTS TO END THE CONTRACT
16.1 WHYBUY may end the Contract at any time by writing to the Hirer if:
16.1.1 the Hirer does not, within a reasonable time of us asking for it, provide WHYBUY with information that is necessary for WHYBUY to provide the Hired Item;
16.1.2 the Hirer does not, within a reasonable time, allow WHYBUY to deliver the Hired Item to the Hirer or the Hirer does not collect them from WHYBUY; or
16.1.3 the Hirer otherwise breaks these Terms.
16.2 The Hirer must compensate WHYBUY if it breaks the Contract. If WHYBUY ends the Contract in the situations set out in clause 16.1, WHYBUY will refund any money the Hirer has paid in advance for the Hired Item WHYBUY has not provided but WHYBUY may deduct or charge the Hirer reasonable compensation for the net costs WHYBUY will incur as a result of the Hirer breaking the Contract.
17. LATE PAYMENT
17.1 If the Hirer does not make any payment to WHYBUY by the due date, WHYBUY may charge interest to the Hirer on the overdue amount at the rate of 4% per annum above the base lending rate from time to time of Barclays Bank plc. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Hirer must pay WHYBUY interest together with any overdue amount.
18. IF THERE IS A PROBLEM WITH THE HIRED ITEM
18.1 How to tell WHYBUY about problems. If the Hirer has any questions or complaints about the Hired Item, please contact WHYBUY by telephone or email using the relevant information above under “How to contact WHYBUY” at clause 2.2.