Ref:
Under this agreement, the following charges are payable to us:
| under clause 6.4 | if you instruct your bank to claw back any payments made to us, we reserve the right to charge you an amount equal to the fee charged to us by your bank for initiating the claw back and any other costs we incur as a result of the clawback |
| under clause 7.5 | if you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs |
| under clause 7.7.4 | you will indemnify us against any loss of or damage to the goods whilst they are in your possession |
| under clause 10.2 | if your account with us is in default, then all payments which would have been payable throughout the term of our agreement (had it continued for its full duration) shall automatically become due and payable immediately |
| under clause 10.2.2 | any cost we incur in instructing external debt collection specialists (together with any associated legal costs) in seeking repayment of any outstanding sums that you owe us and/ or to recover the goods. |
This agreement is non-cancellable under the Consumer Credit Act.
Missing payments could have severe consequences and make obtaining credit more difficult.
The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when the agreement was made. If they were not, we cannot enforce this agreement against you without getting a court order.
The Act also gives you a number of rights. You can end this agreement by writing to the person you make your payments to and giving at least one month’s notice. In order to do this the agreement must have been allowed to run for at least 78 weeks though this may include the period of notice. You will have to make all payments and pay any amounts you owe until the date the agreement comes to an end.
If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens’ Advice Bureau.
1.1. What these terms cover. These are the terms and conditions upon which we hire goods to you.
1.2. Why you should read them. Please read these terms and conditions carefully before you sign this agreement. These terms and conditions tell you who we are, how we will hire goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions, please contact us to discuss.
2.1. Who we are. We are New Is Nice Ltd, a company registered in the United Kingdom. Our company registration number is 11884759 and our registered office is at Jordan House, Hall Court, Hall Park Way, Telford, TF3 4NF. Our registered VAT number is 317837286.
2.2. How to contact us. You can contact us by:
2.3. How we may contact you. 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. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1. Both parties to sign. Our agreement only comes into force when it has been signed by both you and us.
3.2. How you will sign. To sign the agreement, you will need to apply your initials to it in accordance with the electronic signature process set out on the www.newisnice.com website.
3.3. How we will sign. The signatory signing the agreement on our behalf, will apply their initials to it in accordance with the electronic signature process set out on the www.newisnice.com website.
3.4. If we cannot enter into the agreement. If we are unable to enter into the agreement, we will inform you of this in writing and will not charge you. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3.5. Your agreement number. We will assign an agreement number to your agreement and tell you what it is when we sign the agreement. It will help us if you can tell us the agreement number whenever you contact us about your agreement.
3.6. We only sell to the UK. Our website is solely for the promotion of goods for hire in the UK. We do not hire goods to people based outside the UK.
4.1 Length of agreement. Our agreement will start when both you and we have signed it and will expire 78 weeks from the date of delivery of the goods (unless it is brought to an end sooner under these terms and conditions).
5.1. Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. 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 goods. Your goods may vary slightly from those images.
5.2. Packaging may vary. The packaging of the goods may vary from that shown in images on our website.
5.3. Maintenance. So long as you observe the terms and conditions of our agreement, we shall maintain the goods in good repair and working condition, and for this purpose we shall be at liberty to remove the goods or any part of them for such length of time as may be necessary and to replace them with equipment of similar (but not necessarily identical) type which shall be held by you on these terms and conditions. Unless we agreed otherwise in writing, you shall not be entitled to any reduction or refund of your rental payments during any such period of removal.
6.1. Where to find the rental price for the goods. The rental price of the goods which includes VAT will be the price indicated in the “payments” section of our agreement.
6.2. How you must pay. You may pay rental payments by means of:
6.3 When you must pay. The initial payment will be due on the date you sign our agreement (which will be re-fundable if we do not sign the agreement or you cancel the agreement in accordance with clause 8.1). The remaining payments will be payable on a weekly basis
6.4. Bank card claw backs. If you instruct your bank to claw back any payments made to us, we reserve the right to charge you an amount equal to the fee charged to us by your bank for initiating the claw back and any other costs we incur as a result of the clawback.
6.5. Overdue payments. If we fail to collect any payment from you when they are due, we will attempt to contact you to set up a good faith debt repayment programme. If we are unable to collect overdue subscription payments pursuant to this debt repayment programme, we will contact you again to discuss your financial circumstances and how we might be able to accommodate the difficulties you are experiencing. We will continue to attempt to contact you and collect any overdue amounts (which are not paid when due) for a period of up to 30 days.
6.6. Account limit. We will impose a monthly payment limit of £50 on your overall account with us, for a period of 3 months whilst we get to know you better as a customer. After we have monitored your account during this period, we may at our discretion increase your available spend with us to allow you to hire more products from us.
7.1. Delivery costs. The costs of delivery will be as displayed to you on our website and set out in the “payments” section of our agreement
7.2. When we will provide the goods. We will endeavour to provide the goods to you promptly after the end of the 14-day cancellation period referred to in clause 8.1. If you:
7.3 Should you fail our initial internal checks, we shall delay the dispatch of goods for an introductory period of six weeks whilst we get to know you as a customer.
7.4 If you pay the first six repayments due to us, we will contact you with an estimated delivery date at the end of the six-week introduction period. Please note that any such quoted delivery date for the goods is an estimate only and we do not guarantee delivery to you by a specified date. You should contact us as soon as possible if the goods do not arrive by the estimated delivery date. If you fail to pay the first six repayments due to us, we will contact you to discuss why you have not been able to make the necessary payments.
7.5. We are not responsible for delays outside our control. If our supply of the goods 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 to their delivery you may contact us to end our agreement and receive a refund of any rental payments that you may have made.
7.6. If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
7.7. If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
7.8. When you become responsible for the goods. The goods will be your responsibility from the time the goods are delivered to the address you gave us. However, you will not take title to, or own, them.
7.9. Your obligations in respect of the goods. You agree to:
7.10. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, including, for example, your name, address and other contact details. This information will be requested at the time you sign the agreement. If you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late if this is caused by you not giving us complete and correct information we need within a reasonable time of us asking for it.
7.11. Reasons we may suspend the supply of goods to you. We may have to suspend the supply of the goods to you:
8.1. Exercising your right to change your mind (Consumer Contracts Regulations 2013). You are entitled to cancel our agreement under Part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 at any time within the 14 days of the start our agreement (being the date on which we sign the agreement). Should you wish to end our agreement in accordance with this clause, you can do so by contacting our customer services team in any of the ways set out in clause 9.1.
8.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in clause 8.2.1 or 8.2.2 below the contract will end immediately and we will refund you in full for any goods which have not been supplied. The reasons are:
8.3 If the goods you hired are faulty or misdescribed you may have a legal right to end the contract or to get the goods repaired or replaced or to get some or all of your money back as set out in this clause 8.3:
8.4 Statutory termination. You have the right to terminate our agreement in accordance with the statutory notice below, or by written notice expiring at any time after the minimum period of hire has expired, or by written counter-notice if we give you notice during the minimum period of hire of any increase in rental payments other than that occasioned by an increase in the rate of VAT.
9.1. Tell us you want to end our agreement. If you wish to exercise your right to end our agreement in accordance with clause 8, please let us know by doing one of the following:
9.2. Returning goods after the end of our agreement. If our agreement ends for any reason after you have received the goods, you must return them to us at your own cost. Goods must be received by us in an as new and unused condition for you to be eligible for a refund. Failure to do this would result in clause 7.7 being enforced. You must either arrange for delivery of the goods to us at Jordan House, Hall Court, Hall Park Way, Telford, TF3 4NF or allow us to arrange for them to be collected from you at your cost. Please call our customer service team on 01909498201 or email us at customerservices@newisnice.com to arrange collection at your cost
9.3. When we will pay the costs of return. We will pay the costs of return:
9.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
9.5. How we will refund you. We will refund you the price you paid for the goods including delivery costs, by the method you used for payment, within 7-10 working days.
9.6. When your refund will be made. We will make any refunds due to you as soon as possible and within 7-10 working days. If you are exercising your right to change your mind then:
10.1. Your account with us, under this agreement, will be deemed to be in default on the latest of:
10.2. If your account with us is in default:
11.1. We may end our agreement if you break it. We may end our agreement at any time by writing to you if:
12.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking our agreement, 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 our agreement was made, both we and you knew it might happen.
12.2. 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, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised at clause 8.3.2 and clause 8.3.3; and for defective goods under the Consumer Protection Act 1987.
12.3. We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods 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.
How we may use your personal information. We will only collect, use and store your personal information in accordance with our privacy notice, which can be found here: https://newisnice.com/privacy.php.
14.1. We may transfer our agreement to someone else. We may transfer our rights and obligations under our agreement to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end our agreement within 14 days of us telling you about it and we will refund you any payments you have made in advance for goods not provided.
14.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under our agreement to another person if we agree to this in writing.
14.3. Nobody else has any rights under our agreement. This agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end our agreement or make any changes to these terms and conditions.
14.4. If a court finds part of our agreement is illegal, the rest will continue in force. Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
14.5. Even if we delay in enforcing our agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking our agreement, 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. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
14.6. Which laws apply to our agreement and where you may bring legal proceedings. These terms and conditions are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
14.7. We reserve the right to perform a full credit search and require you to consent to open banking access for identity verification purposes and fraud prevention.
14.8. Monitoring and Fraud Prevention. We are permitted to embed security mechanisms within the loaned equipment for the duration of the Subscription Agreement for the purposes of detecting and preventing fraud.
The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when the agreement was made. If they were not, we cannot enforce this agreement against you without getting a court order.
The Act also gives you a number of rights. You can end this agreement by writing to the person you make your payments to and giving at least one month’s notice. In order to do this the agreement much have been allowed to run for at least 78 weeks though this may include the period of notice. You will have to make all payments and pay any amounts you owe until the date the agreement comes to an end.
If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens’ Advice Bureau.
These terms were last updated on 05/12/2022.