ONLINE TERMS OF HIRE
- WHO ARE WE?
We are Sortera Limited, a limited liability company with company number 02069980, with our registered address at Sortera House, 35 First Avenue, Montagu Industrial Estate, Edmonton, N18 3PH. VAT number GB450884239.
We own and operate the website at https://sortera.se/co-uk/ (the “Website”).
In these Terms of Hire, when we refer to “Sortera” “we”, “us” or “our”, we mean Sortera Limited; and when we refer to “you” or “your” we mean you, the person accessing or using the Website.
- CONTACT US
Telephone: 0330 0 944 944 Monday – Friday 9am – 5pm
Email: hello@sortera.co.uk
Emails will be picked up Monday – Friday 9am – 5pmPost: Sortera House, 35 First Avenue, Montagu Industrial Estate, Edmonton, N18 3PH.
- WHAT THESE TERMS OF USE COVER
- Please read these Terms of Hire carefully as they apply when you order products for hire from our Website. The Terms of Hire will become binding on you when you submit an order for hire of products via the Website and will be incorporated into the contract between you and us in relation to such order for hire (the “Contract of Hire“).
- Please note these Terms only apply to consumers accessing our website and ordering products (i.e. an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft, or profession).
- We may amend or update these Terms of Hire by posting updated versions on our Website from time to time. We will confirm this by stating the date of the version at the top of this page. Notwithstanding the foregoing, the Terms of Hire that are live on the Website at the time you place your order will govern that purchase and the Contract of Hire between us.
- Certain functions made available on the Website are governed by additional terms and conditions, including the Sortera Terms of Use which govern your general access to and use of the Website including but not limited to how you can register an account via the Website.
- PLACING AN ORDER AND ENTERING INTO A CONTRACT OF HIRE
- In order to place an Order through our Website (an “Order“), simply select the products(s) you’d like to hire to your basket together with the relevant period of hire and then complete the requested details through the checkout journey. If a product has gone out of stock (or otherwise become unavailable) between the point at which you add it to your basket and the point at which you are ready to place your Order (as described below), that product will be automatically removed from your basket. If, as a result, there are no products left in your basket you will be unable to continue in the checkout.
- The order process allows you to check and amend any errors before submitting your Order – please do try to double check these details carefully, as once your order is submitted it will be processed immediately. It is your responsibility to ensure that your Order is complete and accurate.
- The billing address that you provide at the checkout must match the information on your credit or debit card, but you can request that your order is delivered to a different address more convenient to you.
- When you are ready to place your Order, you will need to then click the “PAY NOW” button.
- Sometimes we may stop the submission of an Order that you have made, this may include the reasons set out below, and if this is the case you will be notified on screen at the checkout that:
- you are located outside of our geographical delivery areas;
- a product has been mispriced by us and/or we have identified an error in the price or description of the product(s);
- we are unable to meet a delivery deadline that was specified; and/or
- we have noticed some unusual or suspicious activity in relation to your Order. Our products are for your personal use only. If we notice that the products are possibly being exploited for business or other commercial purposes we may cancel the order.
- Please note, your Order constitutes an offer to hire products from us. When you place an Order, we will send you an email acknowledging receipt of your Order (“Order Acknowledgement“) but please note that the Order Acknowledgment does not constitute acceptance of your Order.
- If we accept your order then we will send you a confirmation email (“Confirmation Email“). These Terms of Hire will become legally binding on you and us when we send you the Confirmation Email. Each Order shall incorporate the Terms of Hire and shall be a new and separate Contract of Hire between us.
- In your Confirmation Email, we will assign a number to your Order and it will help us if you quote the Order number if you decide to contact us about your Order. We will also confirm the delivery date or timeframe (as applicable).
- The Order process is only available in the English language and we will not file a copy of any Contract of Hire formed between you and us.
- Cancellation of your Order
- There are some circumstances in which we may need to cancel your Order after it has been submitted. This may be required in order to:
- address an unexpected urgency or emergency;
- deal with technical problems or make minor technical changes;
- address legal or regulatory advice or guidance;
- comply with and/or reflect changes in relevant laws and regulatory requirements;
- make necessary changes to the Product; and/or
- address unforeseen product unavailability /associated logistics issues.
- If we need to cancel your Order in accordance with clause 4.10.1, we will notify you via email as soon as reasonably practicable of the need to cancel your Order. If you have not already made a payment you will not be charged. If payment has already been accepted, we will then provide a full refund for the Product(s) that cannot be fulfilled.
- There are some circumstances in which we may need to cancel your Order after it has been submitted. This may be required in order to:
- PRICE AND PAYMENTS
- Price
- The prices and duration for hire of the Products and delivery are set out on the Website and are inclusive of VAT. The price and duration will be re-confirmed during the Order process before any payment is taken.
- Prices may change from time to time but the price that applies at the time that you place your Order applies to your Order. For the avoidance of doubt; if there happens to be a sale or promotion which commences after you have placed your Order, such that the then-current price is less than the price you previously paid on your Order, you will not be entitled to any retrospective discount on your existing Order.
- We will always aim to ensure the pricing on our Website is accurate and up to date, however there is always a possibility that some pricing on our Website may be incorrect. In those circumstances we may refuse to process any Order placed on our Website based on the inaccurate or incorrect information, which may include incorrect product pricing, delivery date or delivery prices. We will contact you by email if we have noticed such a mistake after you have placed your Order. We will provide you with an option to either purchase the product at the correct price or cancel your Order.
- Payment
- You can pay for an Order using one of the payment methods set out in the Order process (the “Payment Methods“). Please note that we reserve the right to withdraw or suspend any payment options or methods at any time at our sole discretion.
- You confirm that the card or bank account which is being used is yours, or that you have the authorisation of the account holder to use it. If you use a Payment Method that you are not authorised to use, you will be liable to us for any losses that we suffer as a result of your use of that Payment Method. If your payment is not authorised, your Order will not be fulfilled.
- In most cases, all products for hire must be paid for in full before we dispatch them.
- Price
- DELIVERY
- Where we deliver
We deliver within the United Kingdom. We do not deliver to any address outside of the United Kingdom.
- Delivery options, costs and times
- The most up to date delivery options will be displayed to you at the time in which you place an Order on our Website.
- Not every delivery option is guaranteed to be available to you. The delivery options that are available to you will depend on your postal address.
- The cost of delivery will depend upon which delivery option you have selected and, in any event, will be confirmed on an Order-by-Order basis during the checkout process.
- Delivery times will vary depending on the delivery option you have selected and in any event will be confirmed on an Order-by-Order basis during the checkout process.
Please note delivery times are subject to change and we will not be liable to you for any costs, losses or expenses you suffer as a result of our failure to deliver the Product on time. We therefore bly recommend you book any relevant contractors after you have received the Product.
- Delivery notifications
Once your Order has been dispatched, we will send you an email with the delivery details .
- Missed deliveries
- If no one is available at your address to receive the Product or we are unable to access your property to deliver the Product, we will use our reasonable efforts to contact you at the time in which we have agreed to deliver the Products. If we are unable to reach you or deliver the Product we reserve the right to end our Contract of Hire with you.
- Equally if we are unable to pick up the Product at the end of the period of hire, you may be charged additional hire charges (at Sortera’s prevailing rate at the time of your Order) until we are able to agree a new date/time to pick up the Product.
- Delivery delays
- If we are unable to deliver to you within the timeframe communicated to you in your Confirmation Email, we will contact you as soon as possible to let you know and to arrange an alternative delivery time.
- If your delivery is delayed by an event outside our control (for example courier delays or bad weather), then we will contact you as soon as we can to let you know that we are taking steps in order to minimise the effect of the delay. We of course will try to deliver the Products to you in the time we agreed to, however we will not be liable if we fail to do so if our failure to deliver the Products is due to circumstances beyond our control.
- Delivery Drop-off and Product Pick-up
- We reserve the right to refuse to deliver a Product to a delivery location if we believe it to be unsafe or too small to deliver the Product.
- You agree to allow Sortera free and unfettered access and space to conduct all necessary operations to deliver the Products (which includes loading and unloading).
- Where a particular Product has been overloaded, we reserve the right to refuse to pick up the Product until any necessary remedial steps have been undertaken. Where we agree to assist with such steps, you may be liable for additional charges (at Sortera’s prevailing rate) which we will notify to you at the time.
- Product Drop off and Product pick-up times will be confirmed to you within the Confirmation Email.
- If a product is not filled and we collect it empty you will incur a £40 transport fee.
- Where we deliver
- CANCELLATION AND REFUNDS
- Your rights of cancellation
- Subject to any fees contained in this clause 7, you may change your mind within 14 days of the Confirmation Email (otherwise known as the ‘cooling off period’) and cancel the Contract of Hire between us, without incurring any liability providing: (a) you have notified us of your decision to cancel in accordance with this clause 7.1.2 and (b) the exception in clause 7.1.4 does not apply.
- To inform us of your decision to cancel your Contract of Hire, you must contact us by making a clear statement. The easiest way to do this is to contact us by email at hello@Sortera.co.uk or by calling us on 0330 0 944 944. Alternatively, you may (but you are not obligated to) complete and send a model cancellation form. We will provide you with a copy if requested.
- If you cancel the Contract of Hire with us in compliance with this clause 1, we will refund all payments received from you (except for any deductions permitted in this clause).
- Please note that if you have requested us to immediately commence services by delivering the Product and you have made use of such product (i.e. within the 14 days of the Confirmation Email) then you do not have the right to cancel during the 14 day cooling off period.
- If you cancel an Order within 48 hours of an agreed delivery date, you will incur a £15.00 cancellation fee. Please note this fee has been carefully calculated as a pre-estimate of our losses that directly results from your cancellation.
- Refund payments
Any refund due to you will be made using the same means of payment as you used for the initial transaction; you will not incur any fees as a result of the reimbursement.
- Your rights of cancellation
- OUR PRODUCTS
- Ownership & Damage
- You will be responsible for any damage or loss to the Products when they are within your physical possession (i.e. they have been delivered to your address as agreed). It will be our responsibility (subject to any damage caused by you) when the products are back in our physical possession.
- Ownership of the Product that you have hired remain at all times with Sortera. You agree that you have no right title or interest in those Products other than those contained within these Terms of Hire.
- If the hired Products are damaged or defective as a result of something that has occurred during the period of your Contract of Hire (except reasonable wear and tear) you will be liable to pay to us a reasonable cost for repairs to ensure the products are in the same state and condition as they were at the start of the Contract of Hire.
- If the hired Products are lost or stolen during your Contract of Hire, then you will be responsible for replacing the Product which has been lost or stolen. The price of such Product will be the standard market rate of the particular Product in question.
- Use of product
You agree to:
- use the Product in accordance with all relevant operating and safety instructions provided to you during the time of your Order, in the absence of such, use the Product safely and responsibly;
- ensure that you only place materials into the Product that are considered ‘Acceptable Waste’. Details relating to ‘Acceptable Waste’ are clearly set out on our Website and you must adhere to such rules;
- pay any of Sortera’s costs incurred (including disposal, transportation and any professional advice) where you have deposited materials which are not ‘Acceptable Waste’;
(The costs payable to you where you fail to adhere to 8.2.2 will be clearly set out on your Website);
- ensure that at the time of pick-up, the Product is not overloaded, unevenly loaded or filled no higher than the top of the sides, at all times ensuring that any such materials are safely loaded for onward collection and transportation by Sortera;
- be responsible for any associated parking and skip fines reimburse us in full should we become liable for such costs as a result of your Contract of Hire;
- not cause, permit or tolerate the removal, alteration, defacing or covering up of any Sortera product (or other identification product mark) or otherwise put any mark which could suggest that Sortera is not the owner of the Product;
- place the product anywhere other than private property confirmed within the Confirmation Email (or as otherwise agreed in writing by us). Where it is placed elsewhere, it is your responsibility to ensure that all applicable licences and permissions have been obtained (including under Section 31 of the Highways Act 1971 or other applicable laws and regulations) and you will ensure that all conditions in which the permission has been granted is observed at all times, which includes the appropriate covering of the container and ensuring it is properly lighted during any hours of darkness; and
- comply with all conditions and instructions provided by us or a relevant authority and ensure that the product is coned and marked as required. If the Product needs to be removed or repositioned as required by a relevant authority, you may incur additional charges (which will be notified by us to you at the time).
- Product images
We aim to keep our Product images up to date, however due to the nature of our Products, their true colour may not match that as shown on your device when you order. The images are used for illustrative purposes to help guide you when you select a relevant Product.
- We may suspend the supply of a product
Products are made available on the Website from time to time. We do not guarantee that any Product will be available for any period of time and we reserve the right to change our Product offerings or remove such offerings on the Website at our sole discretion.
- Ownership & Damage
- YOUR PERSONAL INFORMATION
- We only use your personal information in accordance with our Privacy Policy and Cookies Policy. For further information about how we use personal information, please view our policies at privacy policy and cookies policy.
- OUR LIABILITY
- Nothing in these Terms of Hire excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; and
- any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
- Nothing in these Terms of Hire affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
- If we fail to comply with these Terms of Hire, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website.
- We only supply the Website for domestic and private use. Equally the Products we supply for hire are for domestic use and not for any business or otherwise commercial use. You agree not to use the Website, or any content on the Website, or any Products on the Website for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- The Website may from time to time contain links to third party websites. You are responsible for deciding whether to access a third party website and your use of third party websites will be governed by the terms and policies of that third party website. We assume no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- Notwithstanding clauses 3, 10.4 and 10.5, and save as set out in clauses 10.1 and 10.3, our maximum liability to you under these Terms of Hire in respect of any particular Order will be limited to the value of that Order as set out in the relevant Confirmation Email.
- We will not be liable to for any loss or damage to you or your property (or surrounding area where the product is placed) during your Contract of Hire.
- We will also not be liable for any claims which arise out of any injury to any third party or third parties property arising out of or in connection with your Contract of Hire. You agree to reimburse us in full should we be liable for any such claims or losses.
- Nothing in these Terms of Hire excludes or limits our liability for:
- OTHER IMPORTANT TERMS
- If a court invalidates some of this contract, the rest of it will still apply – If a court or other authority decides that some of these terms are unlawful or invalid, the rest will continue to apply.
- Ending a contract with us – You have legal rights in relation to products you receive that are not of satisfactory quality; fit for purpose; or as described to you. If you believe that any products that you have ordered do not conform with these Terms of Hire, please contact our Customer Services Team using the contact details provided in these Terms of Hire.
- Nobody else has any rights under this contract – This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or amending it.
- Assignment – We may transfer our rights and obligations under any order to another organisation, but that will not affect your rights or obligations.
- We may update these terms – These terms may be updated from time to time to reflect changes in relevant laws and regulatory requirements or any changes to the way in which we conduct our business. However, despite this, the Terms of Hire that apply at the time of your Order will still apply to that Order.
- Even if we delay in enforcing this contract, we can still enforce it later – We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- GOVERNING LAW AND JURISDICTION
- These Terms of Hire are governed by English law. This means that your access to and use of the Website, your purchasing of Products, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.
- You may bring any dispute which may arise under these Terms of Hire to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the United Kingdom, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms of Hire to the competent court of your country of habitual residence if this is within the United Kingdom or otherwise the competent court of England.