Legal

Terms of Service

Definitions:

"Contract" means the document(s) that set out these conditions and all other details about your agreement with us.
"You, Your" the consumer person or organization hiring or buying from us.
"We, Our, Us" Emerald Home Fitness, "the contract" is governed by Irish law.
These conditions over ride any put forward by you unless we have agreed to any other conditions in writing.
These conditions do not affect your rights as a person dealing as a consumer, not for business purposes.

Introduction:

We have agreed to hire the equipment to you and you have agreed to hire the equipment from us on the basis of the hire contract and subject to these terms and conditions for the minimum period of the hire. The equipment at all time remains our property.

Use:

You are responsible for the equipment being used safely. It must not be used by anyone under 16. We accept no responsibility for any accident arising howsoever caused. You accept the recommendation from Emerald Home Fitness that you consult a doctor prior to commencing exercise. You have been fully inducted on how to use the equipment and understand the procedures.

Hire Periods:

The hire periods will be the dates shown on the Contract. The minimum hire period will be for 4 weeks.Any extension to the hire period will be by mutual agreement only.

If you take out a longer hire contract at a cheaper weekly rate and cancel your contract before the agreed time, you will be liable to pay the difference between the higher and lower per week rate. For example: If you agree to a 16 week hire at €16 per week, where a 4 week hire is €20 per week and you cancel after 4 weeks, you will be liable for the difference 4 x €4=€16.

If, on completion of the hire period the equipment is not made available for collection, then you will be charged the weekly hire fee until the equipment is collected by us.

We reserve the right to terminate your contract and end your hire if:
You break the terms and conditions of the hire; If we become aware of the machine being used for commercial use on a personal hire; If we become aware of any unlawful damage to the machine; You become bankrupt.
If we end the Contract in these circumstances, you must pay us outstanding charges.

Our Charges:

You must pay the hire charges shown in the contract. These charges will refer to the dates shown.
We reserve the right to change our prices or charges at anytime without any notice.
Charges are made for all time periods including Saturdays, Sundays and Bank Holidays.
You must pay all charges you owe when we ask for them.

Payment Terms for Hiring Goods:

Payments for bookings made on line will be taken upon delivery., for hires 12 weeks and more, you can choose to pay in full at a reduce rate or pay an initial payment of 4 weeks hire and delivery charges. Subsequent payments will be taken every 4 weeks from the date of delivery. Bookings made over the phone can be prepaid or paid on delivery of the equipment. You will pay the initial costs, as agreed in the contract by cash and credit/laser card, sorry we can no longer accept cheques.  Again, if paying in installments, payment will be paid every 4 weeks from the delivery date.

Payment Terms for Buying Goods:

Goods purchase may be paid in full online/over the phone at the time of booking or on delivery of your chosen machine. For equipment that needs to be ordered in and has a value of more than €600 we ask a deposit 10% which will be taken off the total price.

On Delivery of your machine;

Whether a machine is being hired or bought our driver will need to see and take a digital photo copy of your driver’s license/passport and a recent utility bill for security purposes. We reserve the right not to leave the machine if this is not produced.

On receipt of your Emerald Home Fitness equipment you will be asked to sign your hire/sales docket. Signing this docket is confirmation that:

  • You received your goods in full working order.
  • That the driver positioned the machine where it will stay for the duration of the hire, unless you specify otherwise, in which case we cannot except liability for any injury or damage done to your property should you choose to move it yourself.
  • No damage has been done to your property on delivery/positioning of the machine by our driver.
  • The price on the docket is what you paid or arranged to pay if paying in installments.
  • Our driver gave you full written/verbal instruction on how to use your machine, unless you declined it. In which case we cannot be liable for any damage to your property or injury caused due to the miss-use of our machine.

For health and safety reasons our drivers will only position our machines on a lower level of a premises. We cannot carry any of our machines up stairs.

Electrical Goods:

The equipment should be used with the original plugs and sockets fitted to it.
You must make sure you have a suitable supply of electricity and it must be in close proximity. Never use electrical goods that are not earthed correctly.
You must keep to all regulations which apply while you are responsible for the goods. All electrical equipment provided by Emerald Home Fitness is for indoor use only.

Lost, Stolen, Damaged or Unclean Hired Goods;

You are responsible for looking after the goods and returning them to us in good working order. You must pay us any reasonable costs of repairing or cleaning the goods if you return them damaged or unclean.

Our Rights of Access:

We may enter any land or premises where we believe goods are.
We may do this at reasonable times and after giving reasonable notice. We can have access if we need to inspect, test, repair, service, replace or repossess the goods.

Ownership of goods you hire/buy:

If you buy any equipment from us, you will become responsible for loss or damage as soon as the goods are delivered to you.
We own the goods until you have paid in full for all the goods we have supplied for sale and we own all goods hired. You will hold the goods on our behalf and you must return them to us if we ask you to. We may enter any land or premises of yours to recover our goods.
This Contract is subject to the Law of the Republic of Ireland, should any legal issues arise.

Separate terms;

If any terms in this contract cannot be enforced, this will not affect the remaining terms.