1. PROMOTIONAL PRODUCTS, PARTICIPATING RETAILERS, PROMOTIONAL PERIOD AND PARTICIPANTS
1.1. This promotion is only available to you as you participated in the up to 72 hour Free Test Drive promotion of the promotional product described in the email to you from Canon (UK) Limited (and to which these terms and conditions have been attached and/or embedded by a link) ( “Test Drive Promotional Product(s)”)) and which you participated in via www.canon.co.uk/testdrive provided by Try The Kit LTD (herein after referred to as “TTK”) on behalf of Canon (UK) Limited during the promotional hire period between 00:00 on Monday 24th April and 23:59 on Monday 31st January 2024 inclusive (the “Promotional Hire Period”), if you go on to purchase the same model of Test Drive Promotional Product(s) from a UK participating retailer or the official Canon UK online store (the “Participating Retailer” ) within the period of 60 days after your up to 72-hour Free Test Drive hire period end date (the “Qualifying Purchase Period”).
1.2. You must also be aged 18 or over and must be a resident within Great Britain (“GB”).
1.3. The Test Drive Promotional Product must be purchased within the UK from a Participating Retailer. All other products are excluded. Some Test Drive Promotional Products may be sold as a camera body only or part of a lens kit or bundle but only ONE claim can be made per kit or bundle. If a kit includes two Test Drive Promotional Products, you will need to pick one product against which to make a claim. Purchases must be genuine purchases for cash or its equivalent.
1.4. By participating in this promotion, you are deemed to have agreed to be bound by these terms and conditions.
1.5. All Test Drive Promotional Product(s) must be new and genuine Canon products. Purchases of second hand, refurbished or reconditioned products, or products which are counterfeit or infringe the intellectual property rights of the Canon group of companies in any way (for example, including but not limited to parallel or “grey” products) will not qualify under this promotion. To learn more about parallel products see www.canon.co.uk/greymarket.
2. HOW TO PARTICIPATE
2.1. This promotion is only available you on your completion of either a 48 hour or 72 hour Free Test Drive hire of the Test Drive Promotional Product(s) made through your TTK Test Drive account via the website https://testdrive.trythekit.com/ (the “TTK Test Drive Account”) that completed during the Promotional Hire Period.
2.2. To enter the promotion you must purchase the same model of Test Drive Promotional Product(s) that you had and completed a 48 or 72 hour Free test drive hire of during the Promotional Hire Period from a Participating Retailer during the Qualifying Purchase Period AND you must submit a valid claim through your TTK Test Drive account within 30 days after the end of the Qualifying Purchase Period.
2.3. Claims must be submitted by fully and correctly completing (including specifying a valid European product serial number) the cashback claim form via your TTK Test Drive account. You will need to scan, upload a copy of your purchase receipt, or order confirmation for internet purchases. You will then receive an email confirming your claim has been received. If you do not receive a confirmation email within 24 hours of processing your claim, or do not have access to a computer please contact the Claim Hotline: via TTK on 0207 585 5122, or email firstname.lastname@example.org
2.4. The Test Drive Promotional Product(s) is subject to availability while stocks last. Canon will not be liable for the failure of Participating Retailers to fulfil orders of the Test Drive Promotional Product(s) during the Qualifying Purchase Period.
2.5. The claim must be made not later than within 30 days after the end of the Qualifying Purchase Period. TTK will not process claims which are in its opinion incomplete or illegible. TTK and Canon will not be responsible for claims delayed or not successfully received.
2.6. Only one claim per Test Drive Promotional Product(s) purchased during the Qualifying Purchase Period may be made.
2.7. Claims by businesses or individuals who make bulk purchases (being more than 10 Test Drive Promotional Products during the Qualifying Purchase Period) will not be eligible to enter this promotion.
2.8. This promotion cannot be redeemed in conjunction with any other promotion.
3.1. You will receive Cashback of an amount equal to 5% of the purchase price you paid for the Test Drive Promotional Product(s) you purchased during the Qualifying Purchase Period.
3.2. Upon receipt and verification of the claim, TTK will arrange for a direct BACS transfer payment to your bank account. No alternative arrangement will be entered into and no cash or cheque will be provided.
3.3. TTK will endeavour to transfer via BACS within 4-6 weeks of receipt of a complete and valid claim.
3.4. Only one BACS payment will be issued per valid claim.
3.5. If you are GB VAT registered and you receive a cashback, it may reduce the taxable value of your purchase and so you may need to reduce your input tax accordingly.
4. THE PROMOTER
4.1. The promoter is Canon (UK) Ltd. of 4 Roundwood Ave, Hayes, Uxbridge UB11 1AF (“Canon (UK) Limited” or “Canon”).
5.1. To the fullest extent permitted by law, Canon shall not be liable for any loss, damage or injury of any nature howsoever caused, sustained by you under this promotion. However, nothing in these rules shall have the effect of excluding or restricting Canon’s liability for personal injury or death caused by the proven negligence of Canon’s employees or agents.
5.2. In exceptional circumstances, Canon reserves the right to void, amend, and/or change this promotion at any time without incurring any liability whatsoever provided that such changes are necessary and can be justified by objective reasons. Canon reserves the right to audit any claims to ensure compliance with these terms and conditions and to request additional information and supporting documents. Canon reserves the right to exclude claims and/or you if it suspects that the promotion is being abused in any way. Canon’s decisions in relation to the promotion are final and no correspondence will be entered into.
5.3. If any part of these terms and conditions is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable, then such part shall be severed from the remainder of these conditions, which shall continue to be valid to the fullest extent permitted by law.
6. WEBSITE INFORMATION
6.1. The Testdrive.trythekit & Club.trythekit websites are operated by Try The Kit Limited (“we/us”). We are registered in England and Wales under company number 12645774 and have our registered office at unit 5, Wellbrook Farm, Berkeley Road, Mayfield, England, TN20 6EH. To contact us, please email us at email@example.com
7. ACCESSING OUR SITES
7.1. Access to our sites is permitted on a temporary basis, and we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services we provide on our sites (in whole or in part) with or without notice. We will not be liable to you or any third party if for any reason either our site is unavailable at any time or for any period or for any modification, suspension, or discontinuance of such services.
8. TERMS OF HIRE
8.1. TestDrive is a service designed to give individuals the opportunity to evaluate equipment to inform and enable a prospective purchasing decision. TestDrive is not to be used to supplement equipment for paid for and or commercial work, or where there is no intention or consideration of a purchase in the near future. Try The Kit reserves the right to refuse orders, exclude claims and or participants if it is not satisfied with the information provided, or believes the service is not being used within the spirit it is intended.
9.1. The equipment and accessories on hire shall remain the absolute property of Try The Kit and/or the manufacturer and the Hirer has no right, title, or interest in the equipment, except that it is hired to the Participant for an agreed period, with the Participant accepting responsibility for the safekeeping of the equipment whilst in their possession. The equipment must be returned by the Participant in the condition in which it was received and in good working order.
9.2 All equipment and accessories are checked prior to dispatch and are listed on the Equipment Checklist that is included with the equipment. It is the responsibility of the Hirer to check upon receipt of the equipment that it is in good working order and in an undamaged condition.
9.3. Upon receipt the Equipment shall be examined and checked by the Hirer before being taken into use and, if found to be defective or deficient, will be replaced or defects or deficiencies remedied by the Company without additional charge. The Hirer will be held liable for any missing Equipment, defects or deficiencies in the Equipment not noted on the condition report or checklist, unless the Hirer has notified the Company in writing before 10am on the first day of use or collection by the Hirer from a Click and Collect location.
9.4. It is a condition of hire that the Hirer declares the purpose of hiring the equipment and where it will be used, this is to prevent unacceptable risks being taken with the equipment provided. Try The Kit reserves the right to decline a request to hire if it is not satisfied with the declared purpose of the hire. It is therefore more likely for the Hirer to be able to hire if as much detail as possible regarding the equipment’s use is provided.
9.5. The Hirer shall not assign, transfer or otherwise part with possession of the equipment during the period of hire without prior written consent of Try The Kit. The Hirer will permit Try The Kit at all reasonable times to inspect the equipment including procuring access to any premises where the goods are located.
9.6. Any intention to take the equipment outside of the UK must be notified in writing to prior to commencement of the hire and proof of return documentation would need to be provided. Try The Kit reserves the right to decline hire for any overseas use.
9.7. The Hirer shall not permit the Equipment to be used on any abnormal or hazardous assignment, taken out of the United Kingdom, or taken from the ground other than on a regular scheduled flight by an airline recognised by I.A.T.A. Without the prior written consent of the Company.
9.8. The Hirer shall take adequate and proper measures to protect the equipment from theft, damage, and other risks. The Hirer shall not permit the equipment to be used for any abnormal or hazardous assignments without the prior written consent of Try The Kit. The Hirer shall notify Try The Kit of any change of address, and upon Try The Kit’s request provide details of the location of the equipment.
9.9. Try The Kit will not be liable in respect of any loss or damage caused by or resulting from any variation for whatever reason in the manufacturer’s specifications or technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation.
10. DELIVERY AND COLLECTION
10.1. Try The Kit will only deliver to a billing address and reserve the right not to deliver an order if we believe the address isn’t secure, for example to a communal postal address or PO box. If this affects an order you place, we'll notify you as soon as possible. Goods cannot be left in a ‘safe’ or ‘secure’ location or with a neighbour. Participants are advised someone MUST be present during delivery to sign for the equipment. The person signing for the equipment should be the person who has paid for the equipment hire. Risk in the equipment shall pass to the Customer immediately at the time of Delivery.
10.2. The Hirer shall accept delivery of the equipment on the day the carrier first attempts to deliver.
10.3. Where the carrier has made an attempt to deliver the equipment, but the Hirer has not been present to accept the delivery, the carriers would not come back that day and there is no guarantee what time the carriers could deliver to you on the next working day. The hire period shall remain as shown on the Order Confirmation, unless otherwise agreed by both parties.
10.4. When delivering Equipment, Couriers may not ask for a signature at point of delivery as GPS tracking will be considered as evidence of a successful delivery, in some circumstances the Courier may attempt to take a photograph of the consignment (which will not identify a person but may capture minor details of the background to show the location of the consignment as evidence of delivery having taken place). By proceeding with an order, you agree to these terms.
10.5. The Courier duty is to deliver the Item/s to the address written or printed on the Item/s. They are not responsible for delivering the Item/s to the person whose name is written or printed on the Item/s.
10.6. The Company shall not be liable in respect of any consignment delivered to the delivery address where any person misrepresents their authority to receive the consignment on the Hirer’s behalf; or where the Courier is delivering it in accordance with instructions from or purporting to be from the Hirer.
10.7. Where the Hirer uses facilities offered by the Courier to divert any part of a delivery to a different address or location, responsibility for the Equipment shall pass to the Hirer immediately.
10.8. Equipment must be made available for collection at the address agreed with Try The Kit by the carrier on the day of pickup. The Hirer must return the equipment as delivered using the appropriate packaging securely sealed. The Hirer shall be liable to Try The Kit for any loss of or damage to the equipment in transit resulting from failure to repackage as per these instructions.
10.9. If the equipment is not available for pick up, the Hirer will be charged a failed collection fee of £25 and will be charged for the extension of hire.
10.10. In the event equipment is not returned within 24 hours of the pickup date and not withstanding carrier delays, the Hirer will be charged a fee equal to a full day’s commercial rental for each day the equipment remains unreturned.
10.11. Where the equipment is not returned to Try The Kit immediately following the end of the Hire Period and the Hirer has failed to either contact Try The Kit and explain the circumstances, or negotiate an extension to the agreed Hire Period (and Try The Kit has provided written confirmation of said extension), Try The Kit will conduct an investigation and may inform the Police and report the equipment as stolen and will take steps to recover the equipment including, but not limited to, charging the Participant’s credit or debit card for the full price of replacement equipment.
11. LOSS OR DAMAGE TO EQUIPMENT
11.1. The Hirer shall be responsible for the safe keeping of the equipment throughout the hire period and shall be liable to the Try The Kit for all loss of or damage to the equipment howsoever caused.
11.2. The Hirer shall not remove any labels from and/or interfere with the equipment or make any permanent modifications to it. The Hirer will only use the equipment in a safe and correct manner in accordance with the operating manual.
11.3 The Hirer will notify Try The Kit of any loss or damage to any equipment on hire immediately, and where theft has occurred, the police should be informed and a crime reference number
provided to Try The Kit without unnecessary delay.
11.4. The Hirer shall not carry out or attempt to carry out any repairs to damaged equipment or Firmware updates without the prior written permission of Try The Kit. The Hirer shall pay Try The Kit all costs for repairs to damaged equipment. The Hirer shall pay to Try The Kit the full cost of replacing any lost equipment, or any equipment, which in the reasonable opinion of the Company is uneconomic to repair, with new equipment of the same or similar specification to that equipment which has been lost or damaged. An administration fee of £25 will be added to each missing part or damaged item. The Hirer shall also be liable for any loss of commercial rental income resulting from such loss or damage or for the period it takes to effect repairs, up to and including the replacement value of the equipment.
11.5. Where equipment is returned with missing components, the Hirer shall ensure that said components are returned to Try The Kit by either Royal Mail Special Delivery or an approved carrier service within 1 working day of being notified. If the components are not returned by this time and no agreement has been made in writing between Try The Kit and the Hirer, all monies owed for replacing said components will become immediately due and taken automatically from the deposit or will be debited from the Hirer’s card. This includes but is not limited to batteries, memory cards, cases and other ancillary items connected with the equipment.
11.6. Try The Kit recommends at all times the Hirer uses memory cards tested and supplied by Try The Kit where provided. In the event of any damage to Try The Kit ‘s equipment relating to use of memory cards not supplied by Try The Kit, the Hirer shall be liable for damage to equipment. Try The Kit assumes no responsibility for damage or liability of any kind resulting from the use of the equipment. All digital sensors are inspected and, where necessary, cleaned before dispatch of equipment. Try The Kit assumes no responsibility for dust attracted to the chip after dispatch.
12.1. If Try The Kit requires you to hold insurance, you must prove to us that insurance is in place and Try The Kit must be satisfied with said cover prior to commencement of the hire. Where Try The Kit is not satisfied with said cover, Try The Kit reserves the right to cancel the hire until such time as sufficient cover is in place and Try The Kit is satisfied.
12.2. Try The Kit will investigate all losses of whatever value thoroughly. Where the loss is suspected to be by theft, the Hirer has an obligation to report the loss to the police and to obtain a crime reference number without unnecessary delay. Please note, you remain liable for up to the full value of the equipment and we will take whatever action necessary to recover any costs.
13.1 Making an enquiry either by telephone, email or in person, does not constitute a booking. An Order is deemed to have been placed when you receive an Order confirmation email and at such time becomes binding subject to the cancellation policy.
13.2 By placing an order, you confirm that you are over 18 years old and have read and understood these terms and conditions and agree to be bound by them and to comply with all applicable laws, rules, and regulations.
13.3 The Company reserves the right to refuse the acceptance of any Order without assigning any reason for such refusal.
13.4. Upon booking of the equipment, Try The Kit shall charge the full hire fee (where applicable), including all charges to the debit/credit card as given by the Hirer. Where Try The Kit is protected by consumer protection law, they shall have the right up to 14 workings days after that booking to a refund where written notice of cancellation has been received.
13.5. Where the equipment, for reasons outside the Company’s control, ceases to be available for the duration of the hire period, Try The Kit shall inform the Participant as soon as is practically possible. In such an event, Try The Kit will endeavour to provide suitable replacement equipment. Where such equipment is not available to fulfil all or part of that order, the Participant can cancel all or part of the order and receive a full or part refund as applicable or re-schedule all or part of the order at no extra charge.
13.6. Where an account has been created over the telephone, proof of identification and these Terms and Conditions, signed by the card holder, (if the order was not placed online by the Hirer) must be e-mailed and verified before any order will be dispatched. In the event of all paperwork not being available at the time of dispatch and the Company is unable to contact the Hirer, the reservation will be cancelled, and the full cancellation charge will apply.
13.7. To ensure the equipment arrives on the chosen date of hire, where possible Try The Kit shall dispatch all orders to arrive the day before the chosen date of hire. In the event of carrier misrouting or error, Try The Kit will endeavour to deliver the equipment before 12pm on the chosen date of hire. Any times quoted for delivery by Try The Kit are to be treated as an estimate, and the Hirer acknowledges that delivery may be postponed due to circumstances outside the direct control of Try The Kit. In such event, Try The Kit shall not be liable for any damages, compensation, or penalty.
14.1. The Hirer will be required to leave a deposit before Try The Kit will dispatch any equipment. The amount of deposit will be quoted on-line at the time of booking. The deposit will be secured either at the time of booking or 7 days before the date of dispatch, whichever is closest to the day of dispatch. In the event of the funds not being paid and Try The Kit not being able to contact the Hirer, the reservation will be cancelled. Try The Kit will release the deposit as soon as practicable once the equipment has returned and the Company is satisfied all equipment is complete and undamaged. Most banks need a little time to process refunds please allow up to 8 working days for the deposit to clear into the Hirer’s bank.
15.1. Payment of any monies payable in respect of any agreement between the Hirer and Try The Kit shall be made before any equipment is dispatched. Try The Kit shall be entitled to receive full payment of the hire charges from the Hirer on receipt of the order.
15.2. The Hirer shall pay all sums due to Try The Kit under this contract without any setoff, deduction, counterclaim and/or any other withholding of monies. Try The Kit reserves the right to charge the Participant’s credit or debit card to the full value of the equipment in the event the Hirer is considered to be in breach of these Terms & Conditions.
15.3. Try the Kit reserves the right to amend prices at any time and without prior notice. Orders are fulfilled on the understanding that prices charged are those current at the time of despatch.
15.4. All prices are exclusive of Value Added Tax and any similar taxes. All such taxes are payable by the Participant and will be supplied in accordance with UK legislation in force at the tax point date.
16. CANCELLATION POLICY
16.1. Try The Kit reserve the right to levy a £25 administration charge for any order cancelled by the Hirer up until 2 working days before the date of dispatch of the order, after this the Hirer shall be liable to pay either a cancellation charge equal to half the agreed hire charge or a £25 administration charge, and whichever sum is greater.
16.2. If the Hirer cancels the order within 1 working day of the dispatch date, the Hirer shall be liable to pay to the Company either a cancellation charge equal to the full hire charge or, a £25 administration charge, and whichever sum is greater.
16.3. Where the Customer is such that the hire would be subject to the provisions of the Consumer Protection (Distance Selling) Regulations 2000, the Customer shall have the right to cancel the order by written notice up to 14 working days after confirmation of that order. By accepting delivery of the equipment ordered, defects or deficiencies notwithstanding, the customer agrees to pay the hire and courier charges for said equipment.
16.4. Any request by the Participant for cancellation of any order or for the re-scheduling of any deliveries will only be considered if made at least 72 hours before dispatch. This shall be subject to acceptance by Try The Kit and who reserve the right to levy a reasonable administration charge for cancelled orders.
17.1. The Hirer shall at all times fully indemnify Try The Kit, its employees, servants and agents against all actions, costs, claims, demands, proceedings, or liabilities arising from or in conjunction with equipment, materials or any other services supplied to the Hirer by Try The Kit.
19. GENERAL INFORMATION
19.6 Any telephone calls between the Company and the Hirer may be recorded, in which case the recordings will be accepted by the Hirer as evidence of the instructions or communications recorded. The Hirer, by accepting these terms and conditions, acknowledges, and accepts that evidence of any such recordings may be referred to by the Company in respect of any dispute or difference between the parties.
21.1 The Hirer confirms that all details given in their application to hire the Company’s Equipment are true and complete. They also confirm they have read and retained a set of the Terms and Conditions governing the Agreement.
21.2. If you do not wish for your contact information to be used for marketing purposes or to enable Canon to contact you in future regarding similar promotions, you should NOT check the relevant “opt-in” box when completing the claim form.
22. LAW AND JURISDICTION
7.1. These terms and conditions and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and will be subject to the non-exclusive jurisdiction of the English courts.
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