1.1. In these Terms and Conditions, references to "we", "us", or "owner" means Entertainment Magpie Limited. We are registered in England and Wales with company no 06277562 and with registered address Stockport Exchange, Railway Road, Stockport, England SK1 3SW. We are authorised and regulated by the Financial Conduct Authority with reference number 775278.

1.2. In these Terms and Conditions, "you" and "hirer" means the hirer identified on the front page of the Hire Agreement presented at checkout.</p.

2.1. In these Terms and Conditions, the following words have the following meanings:

(a) "Address" means your address as shown on the front page of the Hire Agreement presented at checkout.

(b) "Advance Rental Payment" means the advance rental payment shown on the Hire Agreement's front page presented at checkout.

(c) "Hire Agreement" means the contract between you and us for the hire of the Equipment contained in this document;

(d) "Consumer" means a person that is acting wholly or predominantly for the purposes of a trade, business, craft or profession.

(e) "Default Sum" has the same meaning as "default sum" in the Consumer Credit Act 1974. It means a sum, other than a sum of interest, which is payable by you under the Hire Agreement in connection with a breach of the Hire Agreement by you (but does not include a sum simply because, as a consequence of a breach of this Agreement, it is required to be paid earlier than it otherwise would have been).

(f) "Early Termination Fee" means the £50 charge to cover our administration costs as a result of you terminating this Agreement during the minimum term;

(g) "Equipment" means the equipment identified on the front page of this Agreement that is hired to you under the Agreement or replaced under clause 3.5. It includes any equipment supplied with the Equipment, such as cables and chargers;

(h) "Fair Wear and Tear" has its ordinary and natural meaning, which means that minor things that one would expect to happen to equipment of the same type as the Equipment whilst it is being owned do not count as damage to the Equipment, for example, minor scuffs or marks. The following does NOT count as Fair Wear and Tear:

(i) Any cracked screen on the Equipment; (ii) Any dents or scratches, other than small scratches; (iii) Rust; (iv) Any damage that means that the Equipment will not turn on or function correctly;

(j) "Minimum Period" means the minimum period of hire set out on the Hire Agreement's front page, which begins from the date of order completion.

(k) "Monthly Rentals" means the monthly rental payments identified on the front page of the Hire Agreement.

(l) "Rental Due Dates" means the dates for the payment of each Monthly Rental as shown on the front page of the Hire Agreement or as varied under clause 7.3 or 16 below.

3.1. You agree to hire, and we agree to hire to you the Equipment upon the Terms and Conditions set out below.

3.2. Unless you terminate this Agreement under clause 12.2, you agree to hire the Equipment for at least the Minimum Period.

3.3. The hire shall continue after the Minimum Period unless the hire is terminated under clause 12.

3.4. At least one month before the end of the Minimum Period, we shall email you to tell you that the Minimum Period is coming to an end.

3.5. We may replace any of the Equipment under the Hire Agreement with equipment of the same model and identical or better specification if you ask us to replace it as a result of the original Equipment being defective, unsuitable, or not of satisfactory quality, or if the Equipment is lost or stolen. We agree that it can be replaced rather than terminate the Hire Agreement.

4.1. If you are acting as a Consumer in entering into the Hire Agreement, you have the right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel the Hire Agreement within 14 days of being entered into. Please see the pre-contract information provided to you for how you can do so and what this means in practice.

5.1. The Equipment belongs to us.

5.2. You shall not own the Equipment and have no right to purchase the Equipment.

5.3. You are responsible for the Equipment once it is delivered to you. This means that you are liable if the Equipment is lost or stolen after you take possession of it (or if it is damaged in a way that is not covered by our insurance). See clause 9 for your obligation to take care of the Equipment and clause 13 for your obligation to pay for damage not covered by our insurance on the return of the Equipment. See also clause 7 for your obligation to continue to make payments even if the Equipment is unavailable.

6.1. Once the Hire Agreement has been entered into by us, we shall deliver the Equipment to you at the Address by Royal Mail express delivery. Where the Equipment consists of more than one item, we may deliver items separately. Any delivery shall generally take place within two days of the Hire Agreement being entered into. However, we cannot guarantee that this is the case. If you are a Consumer and we fail to deliver all of the Equipment within 30 days of the Hire Agreement being entered into, you are entitled to terminate the Hire Agreement. If you do so, we shall refund any payments that you have made.

6.2. You must make sure that either you or someone on your behalf is available at the Address to take delivery of the Equipment and, if required, to sign for it.

6.3. You agree that we are entitled to deliver the Equipment to anybody present at the Address. Such delivery counts as delivery to You.

6.4. If there is nobody available to deliver the Equipment to when it is attempted to be delivered. In that case, you must contact the delivery company/Royal Mail and arrange a further delivery. For the purpose of our compliance with the timescales in clause 6.1 above, the attempted delivery shall be treated as us having complied with those timescales. However, the Equipment will not be deemed delivered until received by you or somebody at the address on your behalf.

6.5. If we reasonably believe that any of the matters set out in clause 12.1 have occurred or are likely to occur. In that case, we may postpone the delivery of the Equipment. In such circumstances, we shall attempt to contact you to discuss our concerns. After this discussion, or if we cannot make contact with You, we shall either terminate the Hire Agreement under clause 12.1 or deliver the Equipment to You. If we decide to terminate the Hire Agreement, we will not deliver the Equipment to You.

7.1. You must pay the Monthly Rentals by the Rental Due Dates.

7.2. Time is essential for making these payments and any other payments due under the Hire Agreement. It is vital that you make your payments on time, and if you do not do so, we can treat you as in serious breach of the Hire Agreement.

7.3. If you request that we do so, we can, but do not have to, vary the date of the month on which the Monthly Rentals fall due. To make such a request, please email us at [email protected]

7.4. All Monthly Rentals and other payments under the Hire Agreement (unless otherwise stated) are inclusive of value-added tax (VAT), where applicable.

7.5. The Advance Rental Payment must be paid on or before the Hire Agreement is entered. 7.6. You shall make the Monthly Rentals even if the Equipment is unavailable for any reason (for example, it is being repaired, lost or stolen).

7.7. You agree that we can take your payments by continuous payment authority (see clause 8. below). You can cancel your continuous payment authority and pay with an alternative method. In that case, you must ensure that your Monthly Rental payments reach us by the Rental Due Dates. You take the risk if your payment is lost before it reaches us.

8.1. You agree that we may take your Monthly Rental payments utilising a continuous payment authority ("CPA"). This is an authority you give us to take payments from your credit or debit card without asking you before we do so. We will take the payments from the card details which you give us during your application process. You can cancel the CPA at any time by contacting either your card provider or us.

8.2. Subject to clause 8.6, we will try to take the Monthly Rentals on the Rental Due Dates using the CPA. We will always initially try to take the full amount of the Monthly Rentals.

8.3. If we cannot take the Monthly Rental's full payment, we may (but do not have to) try to take a part payment on the Rental Due Date for half the Monthly Rental amount. We shall only attempt to do this once on that day.

8.4. If we do not recover the full amount of the Monthly Rental on the Rental Due Date. We may (but do not have to) attempt to take the outstanding part of the Monthly Rental the next day. If we cannot recover the full amount of the Monthly Rental, we may (but do not have to) try to take part payment for half the Monthly Rental amount.

8.5. If there is only half the Monthly Rental outstanding after any further attempt under clause 8.4, we may (but do not have to) make one additional attempt to take a part payment of half the Monthly Rental the next day.

8.6. If there is still an outstanding sum in respect of the Monthly Rental after the above attempts, we will not try to take any further payments using the CPA until we have tried to contact You (this may be by text message or email). If we are unable to contact you, we may: (a) Make a further attempt to take any outstanding part of the missed Monthly Rental at the same time as any missed payment fees that are applied to your account, again following the same procedure as set out above as if the Monthly Rental was due on that date (and therefore if we cannot take the payment, we may try again on the next day); (b) Simultaneously, as we try to take payments under 8.6(a), we will use the CPA to try to take other Monthly Rentals that have fallen due (rather than trying to take them on the usual Rental Due Date for that payment), following the same procedure set out above. (c) We may continue to do this for future payments.

8.7. If we can contact you as set out in clause 8.6, we shall discuss the account with you, and how we exercise the CPA for future payments will depend on those discussions. 8.8. We may also use our rights under the CPA to try to take any default charges that are due under the Hire Agreement, including default interest, at the same time and in the same manner as we try to take your Monthly Rental payments. However, we will give you at least three days' notice before we start to do this.

8.9. We will not exercise the CPA if we believe that you are in financial difficulties. If we are not going to exercise the CPA because of this belief, we will tell you, and if you do not want to be in breach of the Hire Agreement, you must make payments to us by another method.

8.10. If your bank or building society takes back any money that it has paid to us under the CPA (known as a "chargeback"), you must pay us the administration fee (£30). The payment that was charged back will still be owing and, if not paid, will be treated as late.

8.11. If the card details that we use under the CPA expires or is cancelled, you must provide us with details of another card that we can use for the CPA (unless you cancel the CPA under clause 8.1).

9.1. You must:

(a) Keep all the Equipment in your possession;

(b) Not sell, hire, pawn, trade-in or otherwise dispose of any of the Equipment or allow any of it to become subject to anybody else's rights (for example, by providing it as security for any of your debts);

(c) Tell us immediately if any of the Equipment is lost, stolen or damaged;

(d) Keep all the Equipment in good repair and condition, Fair Wear and Tear excepted;

(e) Use the Equipment in accordance with any instructions supplied with the Equipment, or as otherwise available from the Equipment manufacturer;

(f) Only use the Equipment in a manner that would be expected of a reasonable person using such equipment;

(g) Not use any of the Equipment for any illegal activity;

(h) Not modify the Equipment or change its operating software (other than an official upgrade to the operating system that the Equipment was supplied with) ;

(i) Permit us to inspect the Equipment, where we give you at least two days' notice of our intention to do so;

(j) Not take any of the Equipment out of the United Kingdom for more than 21 consecutive days without our written approval;

(k) If any of the Equipment is provided with a case and screen protector, keep that Equipment in the case and use the screen protector provided.

9.2. If any of the Equipment is lost or stolen, this shall not, for that reason alone, be deemed to be a breach of clause 9.1, but we may terminate the Agreement under clause 12.3.

10.1. If you are acting as a Consumer, we promise that the Equipment will be of satisfactory quality and fit for the purpose of being used by you as a consumer. You have various rights under the Consumer Rights Act 2015 regarding the supply of the Equipment under the Hire Agreement. For example, if it is not supplied in a suitable state, you have the right to reject it within the first 30 days after it is delivered to you, the right to have it repaired or replaced, and if we do not repair or replace it the right to have a price reduction or to reject it further. To find out more about your rights, visit https://www.citizensadvice.org.uk/consumer/. </p.

11.1. If you fail to make a Monthly Rental payment, we will charge simple interest on such part of that payment as unpaid at the rate of 5% per annum from its due date until it is paid. We calculate interest by dividing the annual interest rate by 365 and applying that daily rate against the missed payment amount each day. We apply this interest to your account daily, but we will not charge any interest for the first 30 days that you are in arrears.

11.2. Any interest payable under this clause is payable when it is applied to your account.

11.3. We do not charge interest on unpaid interest.

11.4. Any interest payable under this clause is payable both before and after any judgment. That means if we obtain a court judgment against you, the judgment does not stop interest accruing under this Agreement.

11.5. If you miss a Monthly Rental payment, we shall charge you the missed payment fees of £30 if you are more than 30 days late making a Monthly Rental payment. The payments are cumulative, so if you are 60 days late in making your payment, you will pay a total of £60 (£30 fee payable twice). However, you will only pay each fee once each time you are in arrears (i.e. on day 60, only one fee is applied to the account in respect of all payments that are in arrears).

11.6. If you breach the Hire Agreement, you must pay us our reasonable costs and expenses (including legal fees and any costs in referring your account to a debt collection or repossession agency) incurred by us as a result of that breach or in us enforcing our rights under this Agreement.

11.7. You must pay the costs referred to in clause 11.6 on a full indemnity basis.

12.1. After serving any notice or document or following any other procedure that we are required to do by law (if any), for example, under the Consumer Credit Act 1974, we may terminate the Hire Agreement immediately by writing to you if any of the following occur:

(a) You have breached the Hire Agreement and have failed to remedy that defect within 14 days of us requesting that you do so (for example, by first sending you a default notice under the Consumer Credit Act 1974);

(b) You have provided information to us that is false or misleading information in a material way;

(c) You act in a way to us or any of our staff or agents that we reasonably consider abusive or otherwise inappropriate in a serious enough manner to justify us terminating the Hire Agreement.

(d) A petition is presented for your bankruptcy, or there is an application for an interim order in respect of you, or you seek to reach an arrangement with or call a meeting of your creditors, or you propose or enter into an individual voluntary arrangement, or you are made bankrupt;

(e) You die or are deemed not to have the mental capacity to handle your affairs;

(f) We have reasonable grounds to suspect fraud, attempted fraud or any other illegal activity;

(g) We reasonably believe that any of the matters set out above have occurred or are likely to occur.

12.2. If you are not in breach of the Hire Agreement, have paid all sums owing. You can return the Equipment to us. You may terminate the Hire Agreement inside the Minimum Period by returning the Equipment to us and paying us a £50 Early Termination Fee.

12.3. We may terminate the Hire Agreement by giving you at least seven days' notice if you tell us that any Equipment is lost or stolen. We may cancel such termination during that notice period if you tell us that you have located the Equipment.

12.4. Either you or we may terminate the Hire Agreement for whatever reason on at least 14 days' notice to the other in writing as long as such notice is to expire after the end of the Minimum Period.

12.5. Upon termination of the Hire Agreement, you must pay us:

(a) All sums due but unpaid at the time of the termination (including any arrears, Default Sums, unpaid interest (and any interest not yet applied to the account shall be so applied and be payable), and any other unpaid charges);

(b) Any sums calculated under clause 13 below;

(c) If you end the Hire Agreement under clause 12.2, the £50 Early Termination Fee; (d) If the Hire Agreement terminates under clause 12.3, our reasonable estimate of the cost of the Equipment;

(e) If the Hire Agreement is terminated before the end of the Minimum Period (other than as a result of our breach of the Hire Agreement or under clauses 6.1, 12.2, 12.3 or 16.4) as compensation for the early termination, 75% of the sum of the Monthly Rentals that would have fallen due between the date of termination and the end of the Minimum Period.

12.6. All the payments you must make under clauses 12.5(a) to (e) shall include the amount of any applicable VAT.

12.7. Should we not be required to pay VAT on any amount received under 12.5(a) to (e) (for example, if it is determined that early termination charges are not subject to VAT), then the amount payable shall be reduced by the amount of any VAT that was included in the calculation.

13.1. Suppose the Hire Agreement is terminated or is cancelled by you. In that case, you must return all the Equipment to us at your own expense within 14 days of the termination or telling us about the cancellation (unless we terminate the Hire Agreement under clause 12.3 because you tell us that the Equipment is lost or stolen, in which case you need only return any Equipment that was not lost or stolen). You must return the actual Equipment that we hire to you.

13.2. You must comply with any reasonable instructions that we give you regarding the Equipment's return (for example, to make sure that it is protected in transit or deleting any data on the Equipment).

13.3. When the Equipment is returned to us, we will inspect it for damage. Fair Wear and Tear is excepted.

13.4. When any of the Equipment is returned to us, you must make sure that it is not locked and that we can access it. You have deleted any data that you have put on the Equipment and performed a full factory reset.

13.5. Suppose you fail to return any of the Equipment to us in breach of your obligations under this clause. In that case, we may either, at our absolute discretion, instruct repossession agents to repossess it from you or charge you our reasonable estimate of the value of the Equipment that is not returned. We may also charge you the value for any unreturned Equipment if we instruct repossession agents and they cannot obtain the Equipment from you.

13.6. If you do not or cannot return all of the Equipment when the Hire Agreement is terminated. You must immediately pay us our reasonable estimate of the Equipment value you do not or cannot return.

14.1. Any of the Equipment that uses a Sim card (for example, a mobile telephone handset or some types of tablet devices) we may register that Equipment with third parties that can restrict the Equipment use in case of loss/theft or non-payment.

14.2. We may ask such parties to restrict the use of such Equipment:

(a) If any of the events set out in clause 12.1 occur, for example, you miss your payments (subject to any notice or document or following any other procedure that we are required to do by law (if any), for example, under the Consumer Credit Act 1974); or

(b) If you tell us that the Equipment has been lost or stolen, in which case you, as a result of this, agree to us restricting the use of the Equipment immediately.

14.3. Where any of the Equipment is restricted per the above provisions, we may remove that restriction where we believe it is prudent to do so. For example, if we have restricted the Equipment because you have lost it, but you subsequently find it, we can lift the restriction if you contact us. Similarly, suppose we have restricted the Equipment because you failed to make your payments and subsequently make those payments (including paying any interest and charges). In that case, we may agree to lift the restriction.

15.1. If we breach the Hire Agreement, our liability to you for that breach shall be limited under the provisions of this clause.

15.2. Where you are a Consumer, we do not restrict our liability to you at all for breaches of clause 5.1, 6.1 or 10.1 or for any damage that occurs to the Equipment before it is delivered to you.

15.3. For any other breach of the Hire Agreement, or for where you are not a Consumer,

(a) our liability to you for breach of the Hire Agreement shall not exceed the greater of:

(i) the total amount of hire payments that are to be paid in the Minimum Period; or (ii) the total amount of hire payments that you have made under the Hire Agreement.

(b) We shall have no liability to you for any loss or damage that is not a reasonably foreseeable consequence of a breach of a contract for the hire of equipment of the same nature as the Equipment (i.e. we shall have no liability for indirect or consequential loss), for any loss of profits or business losses, for any loss of data, or any loss of a purely economic nature.

15.4. Nothing in the Hire Agreement shall limit our liability for death or personal injury caused by our negligence or for our fraud or the fraud of our agents or any other liability that we cannot lawfully exclude.

16.1. We may vary this Agreement:

(a) Where such variation is beneficial to you; or

(b) Where such variation is required to comply with any legal or regulatory requirement or guidance.

16.2. Where possible, we shall give you at least 28 days' notice of any variation under clause 16.1(b) unless you and we agree on a shorter notice period. If it is not possible to give 28 days' notice, we shall give you as much notice as we are able.

16.3. We can make a change under clause 16(a) immediately by giving you notice of the change.

16.4. Whilst we will only change this contract to your detriment due to any change in the law or any regulatory guidance, if any change resulting from clause 16.1(b) is to your material prejudice, you can terminate the Hire Agreement by giving us notice. You will not have to pay an Early Termination Fee. However, otherwise, the obligations on termination of the Hire Agreement shall remain applicable.

17.1. You agree that where we are permitted to do so by law, we may serve any notice or document on you using the email address you provide at checkout, by post or other professional mail delivery service, or personally at the Address (or such other address as you may notify us of).17.2. Where we are required to give you a document under the Consumer Credit Act 1974, and we do so by email, we shall send it to you in PDF or HTML form.

17.3. Any notice that you send to us should be in writing and sent to: Entertainment Magpie Limited Galleon House, Newby Road Industrial Estate, Newby Road, Hazel Grove, Stockport, Cheshire, SK7 5DA , or via email to [email protected] (or such other address as we may notify you of).

17.4. Subject to clause 17.5 unless any legal provision provides otherwise, any document or notice served under the Hire Agreement shall:

(a) If delivered by post or professional mail delivery service, be deemed served two days after posting;

(b) If delivered by hand, be deemed served on that day; and

(c) If delivered by email, be deemed served the day after the day of sending.

17.5. Either party does not permit service of a document or notice by any method other than set out at 17.3 above.

17.6. If any document to be served on us would be deemed to be served on a non-business day, then the document shall be deemed to be served on the next business day. Business day in this context means Monday to Friday, other than bank holidays.

18.1. You must tell us about any change in your name, address, phone number, or email address either before or immediately upon you changing those details.

18.2. You must tell us immediately if you are or become aware that any information that you have provided to us is false or misleading in any material respect.

19.1. If we relax any of your obligations under the Hire Agreement, then unless we state otherwise at the time of the relaxation, we may insist that you perform those legal obligations at a later time.

19.2. Any relaxation shall not prevent us from insisting that you perform any subsequent legal obligations of the same or similar nature or any different legal obligations that you may be subject to.

20.1. You agree that we may assign all or any of our rights under the Hire Agreement.

20.2. You agree that provided that it does not cause you any material prejudice, we may assign all or any of our obligations under the Hire Agreement.

20.3. The Hire Agreement is personal to you, and You may not assign any of your rights or obligations under it.

21.1. If you are resident in England and Wales, then the law of England and Wales shall apply to the Hire Agreement, and the courts of England and Wales shall have non-exclusive jurisdiction.

21.2. If you are resident in either Scotland or Northern Ireland and you have told us this at the time of entering into the Hire Agreement, then the law of that jurisdiction shall apply, and the courts of that jurisdiction, together with the courts of England and Wales, shall have non-exclusive jurisdiction.

21.3. Otherwise, England and Wales's law shall apply to the Hire Agreement. The courts of England and Wales shall have non-exclusive jurisdiction.

22.1. If any provision of the Hire Agreement shall be found to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect.

23.1. No person who is not a party to the Hire Agreement has any rights under the Contracts (Rights of Third Parties) Act 1999 regarding the Hire Agreement.

24.1. Any references in the Hire Agreement to any statute or legislation shall, as long as the context permits, be read as a reference to that statute or legislation as may be amended, replaced or re-enacted from time to time.

25.1. In considering whether to enter into the Hire Agreement, operating the Hire Agreement, and operating our business, we may use your data in several ways and for several different reasons. You will be provided with full details about the information that we use and how we use it, together with the legal basis for that use, in a privacy notice when you apply for the Hire Agreement. You can also see our privacy notice at https://www.musicmagpie.co.uk/privacy-policy, or we can provide a copy on request, free of charge.

25.2. It is vital that you provide us with accurate information. We may check your details with fraud prevention agencies. If you provide false or inaccurate information or we suspect fraud, this information may be recorded. Fraud prevention agency records will be shared with other organisations.

25.3. If you fail to make payments under the Hire Agreement, we may send your details, including name and contact details and details about your payment history, to third party debt collection agencies so that they may collect the money you owe under the Hire Agreement. We will send you prior notice of this before we do so.

25.4. You have a number of rights concerning the data that we hold about you. These are:

(a) the right to receive, free of charge, a copy of the personal data we hold about you (although we may make a reasonable charge if you require further copies). This information shall be provided electronically and sent to you by email.

(b) You also have the right to receive, free of charge, information about what data about you we are processing, together with associated information such as the purpose of the processing, the categories of personal data processed, whom we are disclosing that data to, how long we will store the data, information about the source of any data, information about automated decision-making, and information about your rights in respect of that data.

(c) You have the right to have inaccurate data rectified.

(d) In certain circumstances, you have the right to have data erased. This includes where processing the data is unnecessary, unlawful, you object, and we have no legitimate grounds for processing it. We need to erase it to comply without our legal obligations. We rely on your consent to process it and withdraw that consent.

(e) You have the right to restrict our processing of data where the accuracy of the data is contested, the processing is unlawful, we no longer need the data for processing (but it is required for legal claims), or where you have objected to the processing, and we are investigating that objection.

(f) Where our processing is based on certain circumstances, such as your consent, and is automated, you have the right to receive the data in a portable manner.

26.1. We hope that you will be satisfied with how we treat you under the Hire Agreement. However, if you wish to make a complaint, you can contact us at [email protected], or in writing to musicMagpie Complaints, First Floor, Stockport Exchange, Stockport, SK1 3SW. We have a formal complaints procedure that we shall provide to you when you make a complaint, but it is also available free of charge and on request.

26.2. If you are unsatisfied with how we handle your complaint and are not a business customer, you can complain to the Financial Ombudsman Service (if you are a business customer, you may have this right). You can contact the Financial Ombudsman Service online at https://www.financial-ombudsman.org.uk/contact-us, by email [email protected], or by telephone on 0800 023 4567. The Financial Ombudsman Service will usually require that you have contacted us first to give us an attempt to resolve your complaint, that you complain to them within six months of our final response to you, and that any complaint is brought within six years of the matter complained of.