1. POWERCHORD'S TERMS
1.1 These are Powerchord's terms and conditions for the rX equipment rental.
1.2 Please read these terms carefully before you submit your order to us.
Your attention is particularly drawn to Clause 5 of these terms (Loss or Damage). This clause outlines your liability in the event of loss or damage to the rX equipment.
These terms tell you:
- Who we are
- How we will rent the rX equipment 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 we have made a mistake in these terms, please get in touch with us.
2. INFORMATION ABOUT POWERCHORD AND HOW TO GET A HOLD OF US
2.1 Who we are. We are Powerchord Limited, a company registered in England and Wales ("Powerchord"). Our company registration number is 09476145 and our registered office is at 1 Blythe Road, London, United Kingdom, W14 0HG. Our registered VAT number is GB256 502021.
2.2 How to contact us. You can contact us by phoning at +442037718572 or by writing to us at email@example.com or Powerchord Ltd. 1 Blythe Road, London, United Kingdom, W14 OHG.
2.3 How we may contact you. If we have to contact you we may phone or text or even write to you at the email address or postal address you gave us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails and text messages.
3. EQUIPMENT RENTAL
3.1 We shall rent our rX audio device (the "rX Equipment") to you for the live event specified in the online order process (the "Event") subject to these terms ("rX Equipment Rental").
4. OUR CONTRACT WITH YOU
4.1 How we will accept your order. Our acceptance of your order for the rX Equipment Rental will take place when we email you to confirm that we have accepted it. This is when a contract will be made between you and us.
4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the rX Equipment Rental. We are not obligated to accept any order. This might be because the rX Equipment is out of stock for the Event you are attending, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description.
4.3 Your order number. 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.
5. LOSS OR DAMAGE
5.1 If you cause or allow any loss or damage to the rX Equipment (in whole or in part) and/or you fail to comply with the relevant obligations set out in clause 7, we reserve the right to charge you for the cost of replacing or repair of the rX Equipment and/or any accessories. By agreeing to these terms, you are agreeing to us charging all the costs and damages you incurred to your payment card.
5.2 Modifying the rX Equipment is not allowed and you will be held responsible for the cost of any remedial works required if you do so.
6. RENTAL PERIOD
6.1 Subject to clause 6.2, the rental period starts upon collection of the rX Equipment from us at the Event and lasts the duration of the Event (the "Rental Period").
6.2 If the Event is over multiple days (e.g. a festival), then the Rental Period will be specified during the online order process and you will be required to return the rX Equipment on the date specified in your order.
6.3 Unless otherwise specified in the order, the rX Equipment must be returned by you to the Powerchord drop-off receptacles located within the venue before leaving the Event or at the end of the Rental Period, whichever is earlier.
7. YOUR RESPONSBILITIES
7.1 During the Rental Period you must:
- (a) make sure that the rX Equipment is kept and used at the Event location only, used only for the purposes we made it for and that are known to you, and operated in a properly manner by you by following the operating instructions provided by Powerchord;
- (b) follow the safety and usage instructions provided by Powerchord so that when using the rX Equipment you are safe and you do not cause any risk to your health when using it;
- (c) keep the rX Equipment in good condition and not cause or allow any damage to it;
- (d) not make any changes to the rX Equipment and not remove any existing parts from the rX Equipment;
- (e) not part with control of or sell the rX Equipment;
- (f) not lend the rX Equipment for commercial purposes;
- (g) not let the rX Equipment be confiscated or taken out of your possession or control;
- (h) return the rX Equipment at the end of the Rental Period or if you end this agreement early; and
- (i) not do anything unlawful with the rX Equipment or anything associated with it, including (but not limited to) illegally recording and distributing any recordings made from the rX Equipment.
8. OUR RIGHTS TO MAKE CHANGES
8.1 Minor changes to the rX Equipment. We may change the rX Equipment:
- (a) to reflect any changes in the law; and
- (b) to make any minor technical adjustments and improvements. For example, slightly changing the design of or materials used in the rX equipment to enhance the user experience. These changes will not affect your use of the rX Equipment.
8.2 More significant changes to these terms. In addition, we may make more significant changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for the rX Equipment Rental you've paid for but not received.
9. PROVIDING THE EQUIPMENT
9.1 The rX Equipment shall at all times remain the property of Powerchord, and you shall have no right, title or interest in the rX Equipment (except for the right to have and use the rX Equipment under these terms).
9.2 Once you have collected the rX Equipment for hire the rX Equipment will be your responsibility, including but not limited to a responsibility for any loss, theft, damage or destruction, and will continue to be your responsibility throughout the Rental Period and during any further time which you hold the rX Equipment, until the rX Equipment is returned to Powerchord.
9.3 You can collect the rX Equipment from us from the point at which the concert goers as a whole are allowed into the venue for the Event (i.e. when the doors open) or anytime during the specified Rental Period.
9.4 We may need certain information from you so that we can supply the rX Equipment to you. For example, we require correct contact details so that we can let you know that we have accepted the order and provide you with the information you need to receive the rX Equipment Rental. If you give us incomplete or incorrect information, we may end the contract. We will not be responsible for not hiring the rX Equipment if this is caused by you not giving us the information we need or supplying incorrect information.
10. YOUR RIGHTS TO END THE CONTRACT
10.1 No right to change your mind (cancel). You may be aware of a right with regard to distance and off-premises contracts to cancel the contract if you change your mind within 14 days.
This does not apply to contracts for the supply of services related to leisure activities where the contract provides for a specific date or period for performance (i.e. a contract). Therefore, you will not have a legal right to cancel the contract based on the legislation with regard to distance and off-premises contracts. Advice about your legal right to cancel the contract is available at ConsuWijzer (www.consuwijzer.nl) .
10.2 What happens if you have good reason for ending the contract. You can only end the contract if you have a good reason to do so (i.e. only for a reason set out below), in which case the contract will end immediately. The relevant reasons are:
- (a) we have told you about a significant change to the services or these terms which you do not agree to; or
- (b) you have a legal right to end the contract because of something we have done wrong.
- 10.3 Ending the contract where we are not at fault and there is no right to change your mind. Even when we are not at fault and you do not have a right to change your mind (see clause 10.1), you can still end the contract before it is completed, but you may have to pay us an amount of money to do so. The contract is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
11. HOW TO END THE CONTRACT WITH US
11.1 Tell us you want to end the contract. To end the contract with us, please let us know by phone or in writing. You can call us on +442037718572 or write to us at firstname.lastname@example.org or Powerchord Ltd. 1 Blythe Road, London, United Kingdom, W14 0HG. Please provide your name, details of the order and, where available, your phone number and email address.
11.2 How we will refund you. We will refund you the price you paid for the rX Equipment Rental in the same way you made your payment. However, we may make deductions from the price, as described below.
11.3 When your refund will be made. We will make any refunds due to you as soon as possible with our aim being to refund you within 14 days of notifying us.
12. OUR RIGHTS TO END THE CONTRACT
12.1 We may end the contract if you break it. We may end the contract for the rX Equipment Rental at any time by writing to you if you do not provide us with information that is necessary for us to provide the rX Equipment Rental or incorrect information, for example, a correct email address or phone number.
12.2 You must compensate us if you break the contract. If we end the contract as set out in clause 12.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12.3 We may withdraw the rX Equipment. We may write to you to let you know that we cannot provide the rX Equipment at the Event you have hired it for. If this happens we will let you know at least as soon as we are able to in advance of the Event and will refund any sums you have paid in advance for the rX Equipment Rental.
13. IF THERE IS A PROBLEM WITH THE rX EQUIPMENT
How to tell us about problems. If you have any questions or complaints about the rX Equipment we would like to know about them, so please contact us. You can phone us at +442037718572 or write to us at email@example.com and Powerchord Ltd. 1 Blythe Road, London, United Kingdom, W14 0HG. Alternatively, please come and speak to us at an Event where you hired the rX Equipment.
14. PRICE AND PAYMENT
14.1 Where to find the price for the rX Equipment Rental. The price of the rX Equipment Rental (which includes VAT) will be the price which is on our online order page.
14.2 When you must pay and how you must pay. You will make payment when you place your order online, where the different payment options are specified.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 We are responsible to you for 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 result of our breaking this contract or our failing to use reasonable care and skill, and which is not a result of an event of force majeure or your breaking this contract.
15.2 Limitations to our liability. Our liability for losses or damages as described under 15.1 or on any account whatsoever, is limited to EUR 2.500 per event.
15.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes product liability; liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for losses or damages as a result of intent, deliberate recklessness, fraud or fraudulent misrepresentation on our side.
15.4 We are not liable for business losses. We only supply the rX Equipment for private use at concerts and similar events. If you use the rX Equipment 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.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
17. OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms 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 the contract within 5 days of us telling you about it and we will refund you any payments you have made in advance for rX Equipment Rental not provided.
17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract. This contract 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 the contract or make any changes to these terms.
17.4 If a court finds part of this contract illegal, the rest will still apply. 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 Even if we delay in enforcing this contract, we can still enforce it later. 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 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Dutch law and you can bring legal proceedings in respect of the rX Equipment Rental in the Dutch courts.
17.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint or we fail to resolve a dispute between us in relation to a contract or any services you have received, you may want to contact The Consumer Ombudsman, a certified ADR provider with whom we are willing to work. Further information about Consumer Ombudsman is available on their website at https://www.ombudsman-services.org/sectors/consumer. We are also required to provide you with a link to the European Commission’s Online Dispute Resolution (ODR) platform.
17.8 Photo and media rights. By renting a PEEX rX you give your consent to be included for no fee within any film, photograph, audio and/or audio-visual recording to be exploited in all media for any purpose at any time throughout the world. If you attend an event with your child aged under 18 years you give your express consent on their behalf. If you happen to see a photo of yourself in any of our marketing materials including social media that you wish to be removed please get in touch (firstname.lastname@example.org) and we will action this.