Library of Things Terms of Borrowing

You're nearly there! Before you can borrow Things, we need you to agree to the Library of Things terms and conditions of borrowing:

These are important legal terms and conditions that set out the contract between you and Library of Things and it is very important that you read them carefully.

If you feel that anything in the following is unclear, then please let us know before borrowing an item.

By borrowing an item from Library of Things you confirm that you have read and understand the following terms and conditions and agree to be bound by them.

The terms and conditions set out the entire agreement between you and Library of Things.

Definitions

‘Borrowing’ – the act of hiring a Thing from a Library of Things kiosk for the stated fees and returning it on the stated return date.

'Cleaning Fee’ – any cost incurred by Library of Things to clean a Thing that is returned by a Borrower in a state that is deemed unacceptable by Library of Things.

‘Late Fee’ - 1.5x the daily cost of the Thing for each day the Thing is overdue.

‘Library of Things’ (or ‘LoT’, ‘us’, ‘we’ or ‘our’) – the purpose-led company lending out Things to Members.

‘Member’ – any person who has created an account via the Library of Things website and paid a minimum of £1 to join, regardless of whether they have borrowed from Library of Things or not.

‘Return Date’ – the date by which a Thing must be returned to the kiosk that the Member borrowed it from.

‘Thing’ – the complete ‘Thing’ with all its associated parts, stocked by Library of Things.

Joining & Memberhsip

Only Members are permitted to borrow from Library of Things.

To become a Member, you must:

1. Be aged 18 or above.
2. Give your personal details: full name, current postcode, valid phone number and a valid email address so that we can contact you.
3. Verify your ID on our website before collecting your first reserved Thing.
4. Connect a valid debit or credit card to your borrowing account, with sufficient funds to pay for any Things you reserve.
5. Pay a minimum of £1 as a one-off joining fee.
6. Tick to confirm that you have read these Terms of Borrowing and agree to be bound by them.

Borrowing

Member Responsibilities

These terms and conditions are to protect our Things and the communities they serve. Library of Things is a social enterprise on a mission to make borrowing better than buying: more affordable, convenient and joyful. In practical terms, this means that every Member is required to return Things clean, complete, on time and in working order for the next borrower - or reporting promptly when not, and covering replacements and repairs where you’re responsible.

As a Member, you are responsible for:

1. Bringing the Thing(s) back clean. If the Thing is returned to Library of Things in a state deemed unacceptable to Library of Things, then Library of Things reserves the right to charge a Cleaning Fee determined by Library of Things to cover any cost incurred. If you collect the Thing in an unacceptable state but do not report this to Library of Things upon your collection, you risk being charged a Cleaning Fee if the Thing is found unacceptable after your return.

2. Bringing the Thing back on time. You must return the Thing(s) to the Library of Things kiosk that you borrowed it from by closing time on the stated Return Date. You are able to change the Thing’s Return Date by logging into your account on the Library of Things website, and editing the Return Date. Changing a Thing’s Return Date is only possible if:

   1. There are no reservations made by another Member starting on or before your new proposed Return Date.
   2. The Thing is not already overdue.

   If you have any difficulties with changing the Return Date, you must contact Borrower Support before the closing time on the stated Return Date.

   You understand that returning Thing(s) after their Return Date will incur a Late Fee of 1.5x the daily cost of the Thing for each day the Thing(s) is overdue.

   IMPORTANT: If you do not return the Thing(s) within 24 hours of your Return Date without prior agreement with our Borrower Support team, then the Thing(s) will be considered a ‘non return’ and you will be charged the full replacement cost of the Thing(s), in addition to any late fees already charged.

   We will notify you in writing via email and send you an e-receipt for all fees charged.

   The Thing(s) remains at all times the property of Library of Things and dishonestly retaining a Things(s) or any part of it is theft, which is a criminal offence.

3. Bringing the Thing(s) back with all its parts.You understand that if you do not report to Library of Things any parts missing on collection, or return all included parts of a Thing, you will be charged the replacement cost for each missing part.

4. Reporting any damage immediately via our Borrower Support, so that we can notify a technician and manage affected subsequent borrows. We will not charge you for 'reasonable use' wear and tear, if reported honestly and immediately.

   But where the Thing(s) has been used inappropriately or unreasonably damaged, Library of Things will charge you for the repair or replacement of the Thing(s) - at our discretion upon inspection.

   You understand that Library of Things is not responsible for any manufacturing defects.

5. Any cancellations need to be made by 9am the day before your reservation starts. If you no longer need to borrow a Thing(s) or cannot fulfill a reservation, you must cancel it before this deadline to receive a full refund. Cancellations after this deadline will not be refunded.

6. Keeping the Thing(s) safe. The Thing(s) is your responsibility to keep safe from the opening of its door at collection to the secure closure of its door on return. If you lose the Thing or its stolen from you or its locker during your reservation, we will consider it a ‘non return’ and charge you the full replacement cost.

7. Visually checking the completeness and safety of a Thing(s) items before use. It is the Member’s responsibility to report any damage or missing parts upon collection of a Thing(s), or you will be held responsible and incur repair or replacement charges. For example, check you have all parts, check the wires and plug for any visible damage before use, and don’t use any items outside or near water if not intended for those uses.

8. Using the Thing(s) in a safe and proper manner for the job that it is designed for. You are responsible for using any Thing(s) you borrow safely and properly and for the job it is designed to do, including by taking appropriate safety precautions outlined in how-to guides, and for wearing any personal protective equipment (PPE) recommended – sourcing your own if not provided. You must stop using a Thing immediately if it becomes unsafe. The provision of how-to guides by Library of Things is for information only and Members remain fully responsible at all times for using the Things(s) safely and properly and for the job it is designed for, whether or not that is set out or referred to in a how-to guide.

9. Understanding that only you as the Member and your property are insured to use the Thing(s) that you have borrowed. If anyone else uses the Thing(s) you have borrowed, that person is not insured for any damage to their person or their property. For example, if you are hosting an event using a Thing(s), you will need your own public liability insurance.

10. Not borrowing the Thing(s) for intensive, ongoing or heavy professional use where you or anyone else is charging a fee for such intensive, ongoing or heavy professional work carried out using the Thing (for example, intensive, ongoing or heavy paid construction or maintenance work). You will not be insured for such intensive, ongoing or heavy activity and your membership will be terminated. We do, however, allow a Thing to be used for a paid activity, provided that activity is not of an intensive, ongoing or heavy nature: examples of such permitted activities include (but are not limited to) a musician or community group selling tickets for a gig using our Speaker, a community group selling tickets for a film night or other community event using our Projector or a market stall holder who wishes to test or establish a small business selling wares under our Gazebo. If you have any doubts about what is or is not a permitted use of a Thing for a paid activity then please ask the Library of Things.

    Library of Things will have no liability of any kind with respect to economic loss of any kind (including without limitation loss of income) suffered by a Borrower or anyone else resulting from the planned or actual use of a Thing for a paid activity (including without limitation as a result of a defect, whether temporary or permanent, with a Thing or of any unavailability of a Thing).

11. Not borrowing more than a reasonable number or value of Things. In order for the library to serve a community, unless agreed directly we limit the number of Things any borrower can borrow at once to a maximum of 4, or to the collective replacement value of £1,000.

12. Paying the total amount owed for the Thing(s) borrowed. Members will be charged the stated rates for borrowing Thing(s) and subsequent charges. The debit or credit card linked to your account is charged when you reserve the Thing(s) or charges are communicated. If you don’t have enough funds to pay any fees you owe, we will work with you to try and find a solution. If we cannot find a resolution, Library of Things may take legal action, including charging administration and legal fees.

PLEASE TAKE SPECIAL CARE TO READ AND UNDERSTAND THE FOLLOWING CAPITALISED UNDERLINED WORDS IN BOLD TEXT, WHICH ARE PARTICULARLY IMPORTANT: AS A MEMBER, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LIBRARY OF THINGS, ITS OFFICERS, AGENTS, AND EMPLOYEES FOR ANY AND ALL LIABILITY, LOSS, CLAIMS AND DEMANDS, ACTIONS OR CAUSES OF ACTION FOR THE DEATH AND INJURY TO ANY PERSON AND FOR ANY PROPERTY DAMAGE SUFFERED OR INCURRED BY ANY PERSON, WHICH ARISES IN ANY WAY FROM THE USE OF THE THING(S) YOU ARE BORROWING.

If we discover that you are not respecting the rules and responsibilities of borrowing, we reserve the right to terminate your membership at any time.

You understand that legal action may be taken against you if you do not comply with these terms and conditions.

Library of Things’ responsibilities

Library of Things is reSourcing brand new Thing(s), or fully refurbished Thing(s) that have passed a PAT test.sponsible for:

1. Taking reasonable action to ensure the quality and safety of its Thing(s), including:
   1. Sourcing brand new Thing(s), or fully refurbished Thing(s) that have passed a PAT test.
   2. Carrying out annual PAT tests on all electrical Thing(s).
2. Providing public liability insurance for hiring Thing(s) to Members and making clear that this only covers Members when they are using Thing(s) for personal use. Insurance does not apply if Members lend or rent Thing(s) to other people.
3. Handling any issues and complaints relating to borrowing in a timely manner, including making a direct refund to a Member's payment method if for any reason the Member has been overcharged for the Thing(s) borrowed. This refund takes up to 10 days to reach the Member's bank account from the time of discovery.
4. Storing all Member data as securely as reasonably possible, handling data sensitively and ensuring data is compliant with the General Data Protection Regulation and other data protection laws. See the Library of Things Privacy Policy below for more information on how we do this.
5. Library of Things reserves the right to reject a reservation when deemed to be against Member responsibilities, our mission and/or values - and will clearly communicate our reasons for doing so. This includes if you have previously breached these terms and conditions or if Library of Things has reason to suspect that you have or will do so.

Communicating with you

As a Member of Library of Things, you will receive some communications from us, including:

1. reservation and collection receipts each time you reserve and borrow
2. a welcome email with information on how borrowing works
3. occasional service updates
4. personalised promotions and offers
5. newsletters

If you want to disable borrowing receipts, you can do so by letting us know.

If you want to disable our updates and newsletters at any time, you can do so by clicking ‘unsubscribe’ at the bottom of the email.

If you no longer want to be a Member of Library of Things, email us on hello@libraryofthings.co.uk. We will delete all of your personal data within 5 working days