Terms and Conditions
Terms & Conditions
In these terms and conditions, unless the context otherwise requires, the following definitions apply:
"Collection Date" means the date on which a Customer is to collect Goods from the Collection / Courier Delivery Address being:
(i) in respect of an Order Confirmation Form completed in a Yardsmen Store, the date specified as the "Collection Date" in the Order Confirmation Form; and
(ii) in respect of an Order Confirmation Form completed and submitted by a Customer online, the date specified as the "Collection Date" in the Order Confirmation Form as confirmed in the order confirmation email sent by Yardsmen to the Customer;
“Collection Store” means the branch of Yardsmen from which the Customer is required to collect the Goods, being:
- (i) in respect of an Order Confirmation Form completed in a Yardsmen store, the store specified as the "Collection Store" in the Order Confirmation Form; and
- (ii) in respect of an Order Confirmation Form completed and submitted by a Customer online, the store specified as the "Collection Store" in the Order Confirmation Form as confirmed in the order confirmation email sent by Yardsmen to the Customer;
"Customer" means the person whose details are set out in the "Customer Details" sections of an Order Confirmation Form;
“Delivery Date” means, where Goods are being delivered to the Customer by courier, the date on which the Customer has been advised that the Goods will be delivered to the Customer;
“Despatch Date” means the date on which Goods are despatched by Yardsmen for delivery: (a) to a Customer or; (b) to a Collection Store, being:
- (i) in respect of an Order Confirmation Form completed in a Contact Store, the date specified as the "Despatch Date" in the Order Confirmation Form; and
- (ii) in respect of an Order Confirmation Form completed and submitted by a Customer online, the date specified as the "Despatch Date" in the Order Confirmation Form as confirmed in the order confirmation email sent by Yardsmen to the Customer;
“Event Date” means the date on which the Goods are to be worn, being:
- (i) in respect of an Order Confirmation Form completed in a Contact Store, the date specified as the "Event Date" in the Order Confirmation Form; and
- (ii) in respect of an Order Confirmation Form completed and submitted by a Customer online, the date specified as the "Event Date" in the Order Confirmation Form as confirmed in the order confirmation email sent by Yardsmen to the Customer;
“Goods” means any outfit including, but not limited to, any suit, dress jacket and trousers and any and all accessories that together when hired by a Customer would constitute one outfit for one person, or where only part of such outfit is hired to the Customer, that part of the outfit;
“Grand Total” means the total amount payable by the Customer in respect of a Contract (excluding any additional fees payable in accordance with these terms and conditions), being:
- (i) in respect of an Order Confirmation Form completed in a Contact Store, the amount specified as the "Grand Total" in the Order Confirmation Form; and
- (ii) in respect of an Order Confirmation Form completed and submitted by a Customer online, the amount specified as the "Grand Total" in the Order Confirmation Form as confirmed in the order confirmation email sent by Yardsmen to the Customer, in each case as may be subject to later change in accordance with Clause 2 as a result of any mutually agreed alteration, addition or removal of chargeable item(s), change to the Collection Date, Despatch Date and/or the Return By Date or change from a collection to a despatch (or vice versa);
“Order Confirmation Form” means a Yardsmen order form containing information about the Goods to be hired and the hire fees;
“Order Date” means the date specified in the Order Confirmation Form as the "Order Date";
“Return By Date” means the date by which Goods must be received back from a Customer by Yardsmen, being:
- (i) in respect of an Order Confirmation Form completed in a Contact Store, the date specified as the "Return By Date" in the Order Confirmation Form; and
- (ii) in respect of an Order Confirmation Form completed and submitted by a Customer online, the date specified as the "Return By Date" in the Order Confirmation Form as confirmed in the order confirmation email sent by Yardsmen to the Customer.
Hire of Goods
These are the terms and conditions, as may be updated from time to time by Yardsmen, upon which Yardsmen is willing to hire Goods to Customers to the exclusion of all other terms and conditions (including any terms and conditions which a Customer may purport to apply under any other document).
To place an order with Yardsmen for the hire of Goods will require the completion of an Order Confirmation Form. An Order Confirmation Form may be completed in a Contact Store by one of our sales assistants or completed and submitted by a Customer to Yardsmen online at the Yardsmen website www.yardsmen.com (the "Website”). Yardsmen accepts an order for Goods when an Order Confirmation Form is completed in a Contact Store at the time the Order Confirmation Form has been signed by the Customer. Yardsmen accepts an order for Goods when an Order Confirmation Form is completed and submitted by a Customer online via the Website, at the time Yardsmen sends an email to the Customer confirming that it has received such order. It is at the moment Yardsmen accepts an order that a contract of hire is made between Yardsmen and the Customer for the hire of Goods (“Contract”).
Each Contract is subject to these terms and conditions and the terms and conditions set out in the Order Confirmation Form accepted by Yardsmen, to the exclusion of all other terms and conditions (including any terms and conditions a Customer may purport to apply under any other document). All Contracts will be concluded in English. If there is any conflict between these terms and conditions and an Order Confirmation Form, these terms and conditions shall prevail. Contracts will neither be filed by Yardsmen nor be accessible to Customers. Customers viewing these terms and conditions online can access the latest version at this page. Customers should make a durable copy of these terms and conditions by printing and/or saving a download copy on their own computer.
Except as otherwise set out in the eighth paragraph of Clause 6 below, the terms of a Contract may only be changed if:
- (i) (i) the Customer physically attends the Contact Store relating to the Contract and the parties agree in writing to the change (either on the Order Confirmation Form or on any other Yardsmen amendment form); or (ii) Yardsmen accepts a change proposed by the Customer online by sending the Customer an email confirming its acceptance of that proposed change. Yardsmen is unable to confirm changes to a Contract by telephone.
An additional fee is payable by the Customer in the event that a Contract is varied in any way (including, but not limited to, any agreed change to the Collection Date or the Despatch Date (as applicable), any change from collection to despatch or vice versa, or any change to the Goods ordered or the period of hire) less than six weeks prior to the Despatch Date (as detailed in Clause 8). The hire fee will also change to reflect any agreed change to the Goods ordered or the period of hire. Garments are subject to slight variation in finish but are not subject to a change in Contract/s.
The Customer shall ensure Yardsmen receives accurate size information, for all persons who will be wearing Goods, at least 40 days before the Despatch Date for customers wearing an outfit. Yardsmen cannot guarantee supply of Goods if accurate sizes have not been given within these time frames. A Contract will be cancelled if Yardsmen has not received all required size information within 5 working days of the collection date.
Creating an online account
In order to complete Order Confirmation Forms and submit them to Yardsmen online customers will be required to create and account on the website. By creating such an account the customer represents and warrants to Yardsmen that he/she has the capacity to accept, understand and comply with these terms and conditions and all the information the customer provides in the course of creating such an account is complete, accurate and up to date. Customers are soley responsible for ensuring they keep their account username and password secret. Yardsmen shall not be responsible for any loss suffered by Customers in connection with any failure to keep their account username and password secret.
Collection, delivery and hire period
Where Goods are being collected in store, they will be available for collection from or after 11am on the Collection Date. The Customer shall return the Goods free of damage to any Yardsmen store as set out in the Order Confirmation Form by 2pm on the Return By Date. Where Goods are being delivered, they will be despatched on the date set out in:
- (i) the Order Confirmation Form, in respect of any Order Confirmation Form completed in a Contact Store; or
- (ii) an email from Yardsmen to the Customer, in respect of any Order Confirmation Form completed and submitted by a Customer online. It is the Customer's responsibility to ensure they are available to sign for Goods on the delivery date notified to them by the courier).
Payment and Security Deposit
If the Order Confirmation Form is completed in a Contact Store or online, the Customer must pay to Yardsmen the Grand Total (being 100% of the total hire fee) at the time the Contract is formed, unless agreed otherwise by the parties in writing. The Customer must pay to Yardsmen the Grand Total on or in advance of the Customer's collection of the Goods, or (if the Goods are to be delivered to the Customer) in advance of Yardsmen' despatch of the Goods. Goods will not be released to the Customer until the Grand Total has been received by Yardsmen. For the avoidance of doubt, if the completed Order Confirmation Form is submitted by the Customer to Yardsmen online, authority for payment is given at the time the Order Confirmation Form is submitted, however the Customer will not be charged until the order is accepted by Yardsmen. Hire fees submitted online may be submitted by credit card or debit card (but not by American Express, Electron or Solo cards). In respect of each Order Confirmation Form completed in a Contact Store, in the event of any discrepancy or difference between the till receipt for the payment of hire fees and the amount payable in respect of those hire fees as set out in the Order Confirmation Form, then the till receipt value will be deemed to be correct, and the hire fees for that Contract will be adjusted accordingly. In respect of each set of Goods ordered, the Customer shall pay to Yardsmen a security deposit of £180 for "Evening Wear" and £250 for "Morning Wear" (in each case as classified as such by Yardsmen from time to time) on or before the Collection Date or (if the Goods are to be delivered to the Customer) before the Despatch Date ("Security Deposit"). The Security Deposit is payable in a Contact Store or online by credit card or debit card (but not by American Express, Electron or Solo cards). No Goods will be released until the Security Deposit has been received by Yardsmen. The Security Deposit will be held by Yardsmen against the Goods hired and will be retained by Yardsmen in full in the event that the Goods are not returned to Yardsmen within 5 days of the Return By Date. In the event that damage occurs to Goods that is not covered by Accidental Damage Waiver (as defined below), a portion of the Security Deposit will be retained by Yardsmen equal in value to the then-current full selling value of the damaged Goods.
Risk, title, loss, damage and Accidental Damage Waiver ("ADW")
Title to Goods remains with Yardsmen at all times and the Customer shall not at any time sell, mortgage, charge, hire or otherwise encumber the Goods. Risk in the Goods will pass to the Customer at the time they are collected from Yardsmen by or on behalf of the Customer. ADW is cover for the Customer in respect of all accidental damage occurring to the Goods whilst in the possession of the Customer, with the exception of malicious damage. Non-return, loss and theft are not covered by ADW. The Customer is responsible for, and shall take adequate measures to protect the Goods from loss or damage. The Customer shall indemnify Yardsmen against any loss or damage to the Goods (to the extent such damage is not covered by ADW). In the event that the Goods are damaged and not covered by ADW, the Customer will pay an amount equal to the then-current full selling value of the Goods in question. Top hats that are hired by Customers are not covered by ADW and notwithstanding the paragraph immediately above an additional fee of £150 will be charged and will be immediately due and payable by the Customer to Yardsmen for each top hat which is damaged howsoever that damage is caused or is not returned by the Return By Date. Suit covers, hat boxes, bags and any boxes providing Goods are loaned at no extra cost, but are also not covered by ADW and are therefore subject to an additional fee of £100 each which will become immediately due and payable by the Customer to Yardsmen if not returned by the Return By Date or if they are returned damaged.
An additional carriage fee of £10 is chargeable on orders that have been accepted by Yardsmen less than 7 days before the Collection Date if the appropriate Goods are not available from the Collection Store at which the Customer is due to collect the Goods, but which Yardsmen is able to deliver to that Collection Store by the Collection Date. An additional fee of £10 will apply if a variation of a Contract has been agreed less than 28 days before the Despatch Date. Such a variation includes, but is not limited to, a change to the Collection Store from which the Goods are due to be collected, form a collection to a despatch (or vice versa), the Collection Date, the Despatch Date, the Return By Date, the size of the Goods or any alteration to the Goods required. The additional fee will be added at the time of the Contract or variation is made. Any Goods not returned in full by the Return By Date will be subject to an additional daily ‘late return’ fee of £20 per day for the first 5 days that the Goods are late.
The Customer may cancel the Contract by email only up to the earlier of: (i) 21 days (excluding Saturdays, Sundays and bank holidays) after the day after Yardsmen accepts the order; and (ii) the Despatch Date, without incurring any cancellation fees. Unless a Customer cancels a Contract in accordance with the paragraph immediately above, cancellation by the Customer of a Contract made between 14 and 21 days in advance of the Despatch Date will be subject to a cancellation fee of 50% of the full hire fee. Unless a Customer cancels a Contract in accordance with the paragraph immediately above, cancellation by the Customer of a Contract made within 14 days prior to Despatch Date will be charged at the full hire fee.</>
All customers are required to: Check their order carefully (ensure the goods are correct, complete and in good condition) before they leave the store or upon receipt of the goods (as applicable). To ensure the goods fit correctly all wearers are required to try on their complete outfit (with the shirt) at the very earliest opportunity (and before leaving the store if goods are collected) or if this is not possible then within 24 hours of the collect date or the date of receipt (as applicable). Yardsmen cannot be held responsible for any error discovered after collection (or after receipt (if despatched)).
Limitation of Liability
Yardsmen does not limit its liability for death or personal injury caused by its negligence, fraud, fraudulent misrepresentation or any other areas of liability which cannot be limited by law. Yardsmen will use its reasonable endeavours to rectify any errors found upon checking the Goods at the time of collection or receipt; however Yardsmen will not be liable for any loss suffered by a Customer which could have been avoided by complying with Clause 11 above.
Yardsmen will not be liable to the Customer under any statute or in contract, tort or otherwise for any:
- (i) loss of profit; or (ii) indirect or consequential loss, which arises out of or in connection with these terms and conditions or any Contract.
In respect of each Contract, Yardsmens’ liability (whether such liability arises in contract, tort or otherwise) is limited to the cost of the hire of the Goods under that Contract paid by the Customer. In respect of these terms and conditions, Yardsmens’ liability (whether such liability arises in contract, tort or otherwise) is limited to £100.
Lost Property – It is the Customer's responsibility to ensure that all personal items are removed from the Goods prior to the return of Goods to Yardsmen. Yardsmen accepts no responsibility or liability for any personal items returned in error with the Goods.
Under the Data Protection Act 1998 we have a legal duty to protect any personal information we collect from you and we will take all necessary steps to comply with the Data Protection Act 1998 and its relevant subordinate legislation when handling any personal data which you may provide us. Yardsmen may use a Customer's personal information to:
- (i) fulfill orders placed by the Customer;
- (ii) process the Customer's payments; (
- iii) carry out credit checks;
- (iv) disclose information about the Customer to any relevant regulator if they require it or to anyone else if Yardsmen has a legal duty to do so;
- (v) help the Customer use the Website;
- (vi) analyse the Customer's purchasing preferences; and
- (vii) contact the Customer in accordance with their marketing preferences about Yardsmens' goods, services and special offers that Yardsmen thinks may be of interest to the Customer. Yardsmen may disclose the Customer's information to its employees, agents and service providers for these purposes.
In order to protect against fraud and theft Yardsmen may also share Customer information with lenders and credit reference agencies.
These terms and conditions, each Contract and all non-contractual obligations connected with the same will be governed by the laws of England. The English Courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions, each Contract and all non-contractual obligations connected with the same.
Online Specific Clauses
Price of the Goods
The price of the Goods shall be the price confirmed by us at the time the order is placed. While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered (whether this by our error or an error by any third party) we will inform you as soon as possible, and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you have already paid for the goods and the order is subsequently cancelled, you will receive a full refund. In the event that we are unable to supply the Goods at the price or specification stated in the order, we will where possible notify you of any changes. Where the Goods ordered are not available we may offer you substitute goods whereby you will be asked to re-confirm your order at the new price and/or specification. You are not obliged to accept any substitute Goods and will be entitled to receive a full refund if you confirm that the substitute Goods are not acceptable. The price is inclusive of any applicable value added tax or other sales tax (at the rate from time to time in force). Any packaging or delivery costs for which you shall be liable will be confirmed prior to your order being placed.
Terms of Payment
In the event that a cheque or credit card payment is dishonoured by your bank or credit card provider, they (being your bank, credit card provider or our debt collection company) may charge a fee. Where we incur any fee or liability as a result of a dishonoured payment, you will be liable to reimburse us in full for the amount we have incurred. All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, Yardsmen Limited will validate the names, addresses and other information supplied during the order process against commercially available records (e.g Electoral Roll data, credit reference services). We reserve the right to instruct a third party to complete these checks. By ordering from our website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your order or we may be unable to accept your order and we shall not be liable for any delay or non-delivery this may cause. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998.
If an order confirmation form is submitted online via the website only (i.e. at no point has the Customer physically attended a Contact Store to discuss the order) you shall make all arrangements to take delivery of and provide a signature for the Goods whenever they are tendered for delivery. We aim to provide you with an approximate date on which the Goods will be ready for collection or delivery. Where we become aware that the date of delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We shall not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the estimated date. Time for delivery shall not be of the essence of the Contract unless previously agreed in writing by us. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice. If we fail to deliver the Goods (or any installment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods. If you ask our delivery provider to leave the goods in a safe place or at checkout request special instructions then you are deemed to accept total liability for the goods if we comply with your instructions. In the event we fail to deliver the Goods to the cardholder’s registered address or any such alternative address within 2 days of the planned event, or following 3 attempts by us (whichever is earlier) due to reason(s) reasonably considered to be your fault than we may at our discretion refund the sum paid to us by you and cancel the Contract. If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage or subsequent delivery charges which we may incur.
We hope you’re happy with your purchase. If for any reason you’re not and would like to organise a refund or exchange please contact us at firstname.lastname@example.org. You may return items within 14 days of the purchase date for a refund or exchange, but please note, return requests must be notified to us within 7 days of the order being made. Agreements in regards to exchanges and refunds should be made directly with us and confirmed in writing. We are unable to exchange or refund socks. After 14 days, and up until 28 days from the purchase date, the item can be returned for store credit/vouchers. After 28 days we will no longer accept returns/exchanges. The item(s) should be returned unworn/unused and in perfect condition, with the labels still attached. Returns that are damaged, soiled or returned without their original labels may not be accepted and may be sent back to you.
We may make available to you promotional codes from time to time. Any use by you of a promotional code in respect of an order shall only be permitted where used by the person for whom it is intended and for a single use. Promotional codes are not valid in conjunction with any other offer. There is no cash alternative available in respect of the promotional code. We may withdraw the promotional codes at any time without notice. Promotional codes are only available on UK mainland orders unless otherwise stated. Promotional codes cannot be used against postage and packaging costs. Promotion codes cannot be used after the expiration date. Promotional codes will only be accepted if submitted at the point of order. We will not subsequently apply a promotional code if the order is submitted without the promotional codes application. Please check your order thoroughly before placing to avoid disappointment. The promotional code will be applied proportionally to the Goods. Any returns or refunds on Goods purchased with the benefit of the promotional code will be on the proportional price as indicated in the sales invoice.
We may in our sole discretion offer competitions to you at such times and in such manners as we deem appropriate. All prizes offered are non-transferable and cannot be substituted for a cash alternative. There will be one entry per person, per residential address only unless otherwise stated. We may in our discretion deem duplicate entries void. There will be only one winner per competition, drawn at random after the closing date unless otherwise stated. Our decision as to the winner of the competition is final and no correspondence shall be entered into. Winners will be notified by email. Prizes will be delivered to your nominated address at our expense. You shall inform us of all information necessary to ensure that the prize is delivered as soon as reasonably practicably. Competitions are open to UK residents only. Employees, families and friends of Yardsmen Limited are not allowed entry. Please read the terms and conditions of any competition carefully before taking part in the same.
Yardsmen may be contacted at email@example.com or via www.yardsmen.com
42 Cornhill, London E3CV 3ND
Registered in England and Wales (company no. 08164210)