Bike Rental Terms & Conditions
TERMS AND CONDITIONS FOR EQUIPMENT HIRE AGREEMENT
- THE CONTRACT BETWEEN YOU ‘THE CUSTOMER’ AND US ‘DIGME AT HOME’
This equipment hire subscription agreement (“the Agreement”) is between (1) you, the customer, (“the Customer”) and (2) Digme at Home Ltd, company Registration No: 12843885, (“Digme at Home” or “the Owner”) and is for the hire of a Keiser m3i Lite indoor cycle (“the Equipment”).
In accordance with paragraph 5, this contract is for a minimum period you have chosen to hire the equipment for (“the Agreement Period”) either rolling monthly, 3-month, 12-month or 24-month. After the Agreement Period, it will automatically continue on a month by month basis unless the Owner or the Customer terminates it in a manner consistent with the terms of paragraph 10.
No variation to these conditions shall be binding unless agreed in writing between the Customer and the Owner.
- OWNERSHIP AND LOCATION OF THE EQUIPMENT
The Equipment hired to the Customer will remain the property of the Owner at all times. The Customer must not at any time allow possession of the Equipment by any other party nor purport to create any rights in, to, or over the Equipment. The Customer will not re-hire, sublet or lend the Equipment to any third party unless the Owner's written consent is obtained beforehand. The Customer may not use the Equipment for commercial purposes or gain.
The Equipment will remain at the Customer's address as notified to the Owner and any change of address by the Customer must be notified to the Owner immediately in writing.
- COMMENCEMENT OF RENTAL SUBSCRIPTION
Upon “checking out”, the Customer will create a member profile at www.digmefitness.com and complete the pre-activity health questionnaire.
The Customer’s first monthly payment will be taken immediately at the time of checking out and the Customer will have instant access to the Digme at Home live and pre-recorded classes. The subscription, however, will not officially start for another 21 days to allow time for the Equipment to be delivered to the Customer’s home.
- COOLING OFF PERIOD
If the Customer decides to return the Equipment, they must notify the Owner via email (digmeathome@digmefitness.com) within 14 calendar days of the date of delivery of the Equipment. The Customer must then ensure that the Equipment is available for collection during business hours by the Owner (or returned directly by the Customer to the Owner’s storage facility at Keiser UK Ltd, Unit 3, Hampton Industrial Estate, Tetbury, Gloucestershire GL8 8LD) within 14 calendar days of the date on which such notice is given, failing which the Owner reserves the right to continue taking the Subscription Fee (see Clause 5) until the Equipment is collected or returned.
The Equipment must be returned in its original condition and all reasonable costs associated with the return of the Equipment must be borne by the Customer for the Customer to receive a full refund of their Deposit (as referred to in Clause 7). In the event that the Equipment is not in its original condition, the Owner is entitled to use some or all of the Deposit to cover the diminished value of the Equipment. In the event that there is no Deposit being held by the Owner, the Owner shall be entitled to recover such amounts from the Customer.
The Equipment remains the responsibility of the Customer until possession is passed to the Owner either at the time the Equipment is collected by the Owner from the Customer’s home or at the time it is returned by the Customer to the Owner’s storage facility.
- LENGTH OF SUBSCRIPTION
The Customer will be a member of Digme at Home for the Agreement Period and the Subscription Fee will be paid monthly during that time. At the end of the Agreement Period, if the Agreement has not been terminated in accordance with Clause 9, the Customer will continue to be a member of Digme at Home and the Subscription Fee will continue to be paid on a month by month basis.
The Customer is personally responsible for paying the Subscription Fee when it is due. The Subscription Fee is payable monthly in advance unless and until the Equipment is returned to the Owner in accordance with the terms of this Agreement.
The Customer will pay the Subscription Fee for the Agreement Period and for the avoidance of doubt, the Subscription Fee shall continue to be payable if the Customer ends their subscription during the Agreement Period.
The Customer will pay the Subscription Fee by way of monthly charge to a debit or credit card that is nominated by the Customer at the commencement of this Agreement (and any changes to the card details shall be notified to the Owner in a timely fashion).
- LATE PAYMENT OF THE SUBSCRIPTION FEE
In the event that the Customer’s monthly payment method (as referred to in Clause 5) fails for any reason and the Subscription Fee becomes overdue, the Owner will contact the customer via email to notify them of the overdue payment and request the immediate payment of the same.
The Customer will cease to have access to Digme at Home until they have paid any overdue amounts in full.
In the event that the overdue payment remains outstanding, the Owner reserves the right to contact a debt collection agency and/or other organisations to assist with the recovery of any overdue amounts. The Owner will charge the Customer a £30 admin fee and all reasonable expenses incurred in recovering overdue amounts, including the fees of a debt collection agency.
If the overdue payment has not been made within 14 days of the due date, the Owner is entitled to terminate this Agreement with immediate effect and to collect the Equipment from the Customer at the Customer’s expense.
- DEPOSIT
The Customer will provide the Owner with a Deposit. This will be retained by the Owner until the end of the Agreement Period. The Owner shall be entitled to deduct a Servicing Fee as set out below to cover the cost of refurbishing the Equipment. If the Equipment is returned in the same condition as it was delivered to the Customer, fair wear and tear excepted, no further charges will be made. The Customer will not be entitled to interest on the Deposit.
- OBLIGATIONS
The Customer will bear the cost of any repairs to the Equipment, fair wear and tear excepted. In the event that the Equipment is deemed to be beyond economic repair when it is returned by the Customer to the Owner, the Owner is entitled to recover reasonable replacement cost of the Equipment.
The Customer may wish to insure the bike against accidental damage and theft, as the Customer is liable for the same.
- BREAKDOWN OF EQUIPMENT
The Customer must inform the Owner immediately of any breakdown or unsatisfactory working of the Equipment. The Customer should not attempt to repair the Equipment without the prior written consent of the Owner. If a simple, on-site repair cannot be effected by the Customer with or without parts supplied by the Owner, the Owner will replace the Equipment as soon as practical PROVIDED ALWAYS that the breakdown was not caused by the Customer’s negligence.
- TERMINATION OF SUBSCRIPTION
a) The Customer may not terminate the Agreement during the Agreement Period.
b) In the event that the Agreement Period has ended and the Agreement is continuing on a month by month basis, the Customer is required to make one final months payment after they request to cancel. The final months payment is required to act as notice to terminate the Agreement.
c) Notwithstanding the above, in the event that the Customer is unable to use the Equipment for a period of two or more calendar months because of a serious illness or injury, the Customer should provide the Owner with medical confirmation of such illness or injury (e.g. a doctor’s certificate or letter from a hospital) and will be entitled to terminate the Agreement on the date on which satisfactory confirmation is received by the Owner. The Customer will bear the costs involved in returning the Equipment to the Owner and the end of rental service charges.
d) Notwithstanding the above, in the event that the Customer provides the Owner with reasonable evidence that they have lost their job and are receiving jobseeker’s allowance, the Customer will be entitled to terminate the Agreement on the date on which satisfactory confirmation is received by the Owner. The Customer will bear the costs involved in returning the Equipment to the Owner (£90) and the end of rental service charges (£120).
11. RETURNS PROCEDURE
The Customer must ensure that the Equipment is available for collection during business hours by the Owner or returned directly by the Customer to the Owner’s storage facility at Keiser UK Ltd, Unit 3, Hampton Industrial Estate, Tetbury, Gloucestershire GL8 8LD.
The Customer must comply with the returns procedure in force at the time of the return of the Equipment.
- SCHEDULE OF CHARGES
MONTHLY RENTAL COSTS*
Monthly costs depend on which equipment hire agreement you have chosen;
Flexible agreement = £159 per month
3-month agreement = £139 per month
6-month agreement = £119 per month
12-month agreement = £99 per month
24-month agreement = £79 per month
36-month agreement = £69 per month
*After the initial Agreement Period, the Agreement will 'roll' on a month by month basis until the Customer gives the Owner one month’s written notice that the Customer would like to cancel the Agreement.
DEPOSIT
Depending on which bike hire agreement you choose, there is an initial deposit to be paid.
Flexible agreement = £400
3-month agreement = £240
6-month agreement = £210
12-month agreement = free
24-month agreement = free
36-month agreement = free
This deposit is held until the bike is returned, provided only normal wear and tear has been suffered by the machine.
END OF HIRE SERVICE & REFURBISHMENT
Depending on which bike hire agreement you choose, at the end of the hire period there is a one off charge of £120 to service and refurbish the bike, ready for its next hire. We will use your initial deposit to pay this final charge.
Flexible agreement = £120
3-month agreement = free
6-month agreement = free
12-month agreement = free
24-month agreement = free
36-month agreement = free
END OF HIRE COLLECTION FEES
Depending on which bike hire agreement you choose, at the end of the hire period there is a bike collection charge. We will use your initial deposit to pay this final charge.
Flexible agreement = £90
3-month agreement = £90
6-month agreement = free
12-month agreement = free
24-month agreement = free
36-month agreement = free
- LIABILITY
Use of the Equipment is entirely at the Customer’s own risk. For the avoidance of doubt, this extends to any other users of the Equipment while it remains in the possession of the Customer.
The Customer and any other users of the Equipment are advised to seek medical advice before using the Equipment.
Before using the Equipment, the Customer must ensure that all users of the Equipment have been instructed in the safe use and operation of the Equipment and that such use is in accordance with any relevant operating and safety instructions for the Equipment. Safety instructions for the Equipment can be found either on the Digme at Home website or the original Equipment manufacturer’s website.
Use of the Equipment by children under the age of 16 is STRICTLY FORBIDDEN and violates the terms of the Agreement for the hire of the Equipment. Users who permit or fail to prevent use of such Equipment by children under the age of 16 do so in violation of the terms of hire and with full and complete assumption of the risk for all liability arising therefrom and by such action agree to indemnify, defend and hold the Owner and its officers and directors and shareholders, agents and employees harmless therefrom.
In the event that the Customer notices a defect in the Equipment, the Customer should refrain from using it and notify the Owner of the same.
The Owner accepts no liability for personal injury or illness sustained by the Customer in using the Equipment, or by anyone else using the Equipment whether with or without the Customer’s consent, whether sustained through its proper intended use or otherwise, unless attributable to the negligence of the Owner.
The Owner shall have no liability or responsibility for any loss or damage of whatever nature due to or arising through any cause beyond the Owner’s reasonable control.
THE CUSTOMER MUST ENSURE THAT THEY ARE PROPERLY COVERED BY INSURANCE FOR ANY RISKS INVOLVED IN THE USE OF THE EQUIPMENT SUCH AS PERSONAL INJURY OR DEATH TO USERS OF THE EQUIPMENT.
The Owner will not be liable to the Customer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any breach of the Agreement on the Owner's part.
- GOVERNING LAW
The Agreement shall be governed by and construed in all respects in accordance with English law and the parties agree that the courts of England and Wales shall have exclusive jurisdiction in respect of any dispute which may arise out of or in connection with this Agreement.
- ENTIRE AGREEMENT
These conditions set out the whole of our Agreement relating to the supply of the Equipment to the Customer by the Owner. Nothing said or written by any salesperson, agent, employee, director or other representative on the Owner's behalf should be understood as a variation of these conditions or as a separate term or agreement. Save for fraud or fraudulent misrepresentation, the Owner shall have no liability for any such representation said or written being untrue or misleading.
