SHAREDROBES TERMS AND CONDITIONS
Last updated: 13th of October, 2019.
Thank you for using Sharedrobes!
In these terms and conditions, “we” “us” and “our” refers to Sharedrobes Ltd. trading as ‘Sharedrobes’. Your access to and use of all information on this website, including the rental of items and accessories through our website or mobile apps which are provided subject to the following terms and conditions. Those sharing items through our Website or Mobile App are referred to as Sharers or Owners. Those receiving leased or rented items through our Website or Mobile App are referred to as Renters or Borrowers. Those providing their services through our Website or Mobile App are referred to as Partners or Givers.
We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that each time you access our website you read these terms and conditions.
We operate the Website and/or mobile apps, which act as an interface between the various Partners, Renters and Sharers of items. Transactions are between Renters and Sharers, and between Sharers and Partners, however, all members of our services are subject to these Terms and Conditions.
If a Sharer has any specific rules, a Renter and Sharer agree to adhere by those rules, so long as they don’t conflict with these Terms and Conditions.
If a Partner has any specific rules, a Sharer and Partner agree to adhere by those rules, so long as they don’t conflict with these Terms and Conditions.
These Sharedrobes Terms and Conditions are also subject to any insurance providers Terms and Conditions, which if any insurance is provided, are made available to the Partner, Sharer and /or Renter before any booking or service is completed if it includes insurance.
Our services are provided to adults over the age of eighteen (18) years old. By proceeding to transact or rent through our website, you acknowledge that you are over 18 years of age.
All prices are in Euros (€) and are exclusive of VAT except where otherwise noted. We endeavour to ensure that our price lists are current. Our price list can be accessed from our home page or mobile apps and members listing items reserve the right to amend the prices at any time. We are not liable for damage suffered in relation to price fluctuation.
ITEM AND SERVICE DESCRIPTIONS
We strive to ensure that the listed items and services are described as accurately as possible on our website, however, we do not warrant that the description is accurate. Where we become aware of any incorrect description, we, the Partners or Givers and the Sharers or Owners reserve the right to correct any error or omission without notice.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that item.
ITEM BOOKINGS AND SERVICE PURCHASES
Items are for rent to adults over the age of eighteen (18) years old, as well as services. By proceeding to purchase or rent through our website, you acknowledge that you are over 18 years of age.
We endeavour to ensure that the item or service list is current however we give no undertaking as to the availability of any item or service advertised on our website.
Our fees can be accessed from our home page and we reserve the right to amend our fees at any time.
When you order from Sharedrobes, we require you to provide your name, address for delivery (if necessary), your email address, telephone contact, credit card details and any other information that we request from time to time. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to an error in transmission or virus or malware.
All risk of loss or damage to the items passes to you when we or a Sharer or Owner dispatch the items, and when the Partner provides their service.
When you visit our website, we give you a limited licence to access and use our information for personal use.
You are allowed to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the law, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
We reserve the right to terminate member access and delete content wherein we believe that a member has acted in a manner that is generally considered to be harassing, bullying, illegal, defamatory, racist, or inappropriate.
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
INTELLECTUAL PROPERTY RIGHTS
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Any comments, feedback, idea or suggestion (called “Feedback”) which you provide to us through this website becomes our property. If in future we use your Feedback in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Feedback for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Feedback. If you provide us with Feedback, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
You are strictly liable for all content posted on the website or mobile apps by you. We are not responsible for defamatory, libellous, harassing, unauthorised content or inappropriate content posted by members of the website or mobile app. We reserve the right to amend or remove any uploaded content.
In addition to the payment of the applicable rental price for items delivered through the Website and/or Mobile Apps, Renters or Borrowers are responsible for paying all other costs which may include shipping, transport or postage costs and any other costs displayed, such as insurance (if applicable) or cleaning, our service fees, and all applicable sales, VAT and other taxes associated with the rental of any items through the Website and/or Mobile Apps (Related Costs). All such shipping and other Related Costs and taxes may not necessarily be included in the listed price for any items made available from the Sharer through the Website and/or Mobile Apps but will be displayed to the Renter. The Renter is responsible for the proper and timely payment of the ordered item and all its Related Costs.
In addition to the payment of the applicable purchase price for services delivered through the Website and/or Mobile Apps, all members are responsible for paying all other costs which may include shipping, transport or postage costs and any other costs displayed, such as insurance (if applicable), our service fees, and all applicable sales, VAT and other taxes associated with the purchase of any services through the Website and/or Mobile Apps (Related Costs). All such shipping and other Related Costs and taxes may not necessarily be included in the listed price for any services made available from the Partner through the Website and/or Mobile Apps but will be displayed to all members. Members are responsible for the proper and timely payment of the ordered service and all its Related Costs.
We will deduct from the price a Service Fee in consideration for the services provided by us through the Website and/or Mobile Apps. The amount to be received by the Sharer or Partner, net of the Service Fee, is shown to the Sharer or Partner at the time that the Sharer or Partner is sent a request by another member, to accept or decline the booking or purchase.
An additional Security Deposit may be required by the Sharer or Partner, and in that instance, all members agree to be charged any Security Deposit in addition to any rental or purchase fees and Related Costs. Renters, Partners and Sharers agree that in the event of a dispute, Security Deposit funds may be withheld by us or the Sharer or Partner, at the discretion of us, and under the Dispute Resolution clause of these terms.
A third party payment provider (such as Stripe) designated by us may store your credit card information, to simplify repeat transactions for you. We will not directly see your credit or debit card details or the letters or numbers of your secret code (to the extent that you are required to provide these). These will be viewable only by the payment provider and/or your card issuer (as applicable).
Following confirmation of a transaction through the Website or Mobile Apps and payment of the required amount by a member, we may notify the Sharer or Partner and, if applicable, electronically send to the Sharer’s email address indicated on the Sharer’s profile a shipping label which should be used by the Sharer to ship the item to the Renter.
If the Sharer is provided with such a label, the Sharer must print that label, ship the rented item using the shipping label (and corresponding shipping method) required by us within three business days or any other time frame required by us, after receipt of the shipping label.
RENTAL OR PRICE ESTIMATE
You agree that any rental or price estimate provided by us to you is an estimate only, it is subject to other factors which include but are not limited to varying market conditions and it should not be relied upon.
PAYMENT TO SHARER
In respect of a booking, we will credit the Sharer’s account in an amount equal to the Rental price and any (if any) Related Costs received from the Renter, minus the Service Fee to be retained by us.
We will transfer the funds to the Sharer within 72 Hours of the Last Date of the Rental Period.
If a dispute resolution process has been commenced by a Renter or a Sharer, then we reserve the right to immediately withhold any monies payable to a Sharer.
The Cancellation Policy set out below shall apply to every booking.
PAYMENT TO PARTNER
In respect of a purchase, we will credit the Partner's account in an amount equal to the purchase price and any (if any) Related Costs received from a member, minus the Service Fee to be retained by us.
We will transfer the funds to the Partner within 72 Hours of their acceptance of the purchase.
If a dispute resolution process has been commenced by a member or a Partner, then we reserve the right to immediately withhold any monies payable to a Partner.
The Cancellation Policy set out below shall apply to every purchase.
If the Renter chooses the delivery service, the delivery charges will be added at checkout. Sharers rely on third parties to provide delivery services. Neither us nor the Sharer will be responsible if estimated timelines are not met due to postal failures or delays. If you as a Renter, do not receive delivery in time, you must notify the Sharer immediately.
When shipping, Renters and Sharers must always provide tracking information to the other member.
CANCELLATION BY RENTERS
Providing items for a specific date, immediately excludes other people from securing that exclusive item on that date, as such, restrictions to cancellations are applicable as outlined below.
Cancellations affect your review and rating.
You may cancel a request as a Renter, but you may not be able to cancel your booking once your request has been accepted by a Sharer.
If your booking request is accepted, it can only be cancelled before 14 days of the expected delivery date of your item. If you cancel before 14 days of the delivery date, then you are entitled to a refund.
If applicable, your refund may take up to 10 days to be refunded to you.
If your booking request is accepted, and you do not cancel before 14 days of the expected delivery date, then the booking cannot be cancelled and is non-refundable.
All bookings made within 14 days of an expected delivery date are non-refundable.
CANCELLATION BY SHARERS
Cancellation penalties apply to Sharers that cancel a confirmed booking that they have accepted. It is only in the rare instance where extenuating circumstances arise, that a Sharer may need to cancel a confirmed reservation and by which we may elect to forgo the cancellation penalties. Such cases, at our discretion, will be contingent on proper documentation, where valid, and include:
Death in the family
Serious illness or serious illness in the family
Natural disaster in the country
Political unrest in the country
Damage to the item by a previous Renter
Cancellation penalties may include any reasonable fees as determined by us.
Cancellations affect your review and rating.
For any requested refund or any dispute whatsoever, please refer to the paragraph titled ‘DISPUTE RESOLUTION’ in these terms and conditions.
If for a reason relating to the quality of the items or service received, the member is unhappy with their transaction through the Website or Mobile App, the member must notify the Sharer or Partner immediately upon receipt. Where the member receives the items or services from the Sharer or Partner, the member must refuse the items or services immediately if they are unhappy with them. The member will not be able to make a return under this clause if they accept the items or services, or be seen as having accepted the items or services, or do nothing.
Where the Renter chooses for the items to be delivered and the items do not match those ordered or are faulty to the extent that they cannot be worn, the Renter must notify the Sharer within 2 (two) hours of receipt.
To return items, the Renter must follow the instructions that are supplied with this site or with the order and return any disputed items immediately upon receiving them. In circumstances where the items are not faulty and they correspond to the order, the Renter is not entitled to any refund, exchange or credit note.
The Renter shall pay for the costs of delivery or any other associated costs when returning the items.
On an Exceptional Return, all items must be returned with their delivery note to the Sharer. You must not send returned items to us.
If due to a fault a refund is payable, refunds will only be credited to the original payment method used. Save for when the items are faulty or clearly not fit for purpose, and the dispute resolution process has firstly been followed, the refund does not include any shipping or handling costs or administration fees charged for the use of a credit card.
We strongly advise you to send all returned items securely as advised to you from time to time. Any returned items must be insured for the full amount of the sum paid and signed for on delivery.
Neither us nor the Sharer shall be responsible for any lost or damaged items. Therefore, you are advised to retain proof of postage certificate for any items returned.
On an Exceptional Return, where you decide that you will not wear any items that you have ordered, postal costs for returned items will be your responsibility, and you must notify the Sharer immediately upon receipt of the item, and then adhere to the dispute resolution process contained in these Terms and Conditions.
If a refund is determined payable, we will credit the member's credit/debit card for the sum paid in due course, at our discretion, minus any associated costs, for example, such as postage and our Service Fees. If the member's funds have already been paid by us to the Sharer or Partner, then the Sharer or Partner will refund the member or be directed by us to refund the member directly.
If you are a Sharer or Partner, you agree, that if it has been determined by us that a refund is payable to the member, then, if you have not already been paid by us, you authorise us to refund the rental or purchase fees and any other applicable fees to the member on ours or your behalf (less any applicable service fees and associated costs as determined by us). If the amount that we hold on account for you does not cover all of these costs payable to the member, then you authorise us to withhold future monies held on account for you, or to seek legal recovery of any monies or associated costs, at our discretion, from you.
If you are a Sharer or Partner, you agree, that if it has been determined that a refund is payable to the member, and, if you have already been paid for your rental fees by us, then you are responsible to refund the member if so directed by us, and if necessary at our discretion, you authorise us to claim any outstanding monies plus recovery costs or any associated damages, on behalf of us or the Renter, against you.
If you are a Renter, and you do not return your item by the designated return date, you will be liable for late fees. Sharedrobes will charge a €15.00 late fee for each day after the last day of your booking. Late fees are also subject to a Sharer’s own rules, which are provided to you before booking an item.
You authorise us to charge your credit or debit card late fees if applicable, which may be deducted from any Security Deposit, if applicable.
Once you accumulate 4 (four) or more late returns, your account may be suspended by us.
DAMAGED OR MISSING ITEMS
If you are a Renter, you agree that you are liable for any damage that is caused to the rented item, or if the item is missing or stolen. If you are a Renter, and the rented item is damaged in any way or becomes missing, stolen, or not returned satisfactorily, at our discretion, to the Sharer or to any location nominated by us, you authorise us to charge your credit or debit card, or commence legal recovery from you, for the full recommended retail price or replacement price, as determined by us, either or both of which was provided to you, prior to your booking. If applicable, you authorise us at our discretion, to apply your security deposit (if any) for any item damage, or any repairs, or for any insurance excess payable (if any), or any other costs associated with the item damage. If a security deposit has not been provided by you, or if your security deposit or credit card does not cover all the costs related to the item damage, then you authorise us to commence legal recovery, or take any action whatsoever, for any such outstanding costs and any applicable damages, plus legal costs, against you. If we form the view that the item has been stolen or fraudulently obtained, then you as a Renter acknowledge that we may involve Government authorities against you.
If you are a Partner, you agree that you are liable for any damage that is caused to the serviced item, or if the item is missing or stolen. If you are a Partner, and the serviced item is damaged in any way or becomes missing, stolen, or not returned satisfactorily, at our discretion, to the member or to any location nominated by us, you authorise us to charge your credit or debit card, or commence legal recovery from you, for the full recommended retail price or replacement price, as determined by us, either or both of which was provided to you, prior to your service provision. If applicable, you authorise us at our discretion, to apply your security deposit (if any) for any item damage, or any repairs, or for any insurance excess payable (if any), or any other costs associated with the item damage. If a security deposit has not been provided by you, or if your security deposit or credit card does not cover all the costs related to the item damage, then you authorise us to commence legal recovery, or take any action whatsoever, for any such outstanding costs and any applicable damages, plus legal costs, against you. If we form the view that the item has been stolen or fraudulently obtained, then you as a Partner acknowledge that we may involve Government authorities against you.
All members agree that although we may carry out security measures for a rental booking or purchased service, and use our best endeavours for recovery, we cannot ultimately guarantee the recovery of your item or it’s cost and any related costs or damage, if it is damaged or missing.
MARKETING & COMMUNICATIONS
You agree to receive any communications from us and transact with us electronically. This acceptance of emails or other electronic messages constitutes your consent and your electronic signature has the same legal effect as physically signing a document. You may withdraw this consent to transact electronically at any point by providing notice to us. However, given that electronic communication is integral to the Website and services, following any such notice we may elect to close your Account.
In the event of a dispute, Partners, Renters and Sharers must always first contact each other in good faith, and to satisfactorily resolve the dispute with each other.
If a dispute cannot be resolved by the first step indicated directly above, then either the Partner, Sharer or Renter must contact us at email@example.com within 48 hours of the dispute arising and provide details of the dispute, including when the dispute first arose. Our contact details can also be found on the Sharedrobes Website and/or Mobile Apps.
You agree, whether you are either a Partner, Sharer or a Renter, that any final decision by us, concerning a dispute of any kind whatsoever, is binding on you and all parties to the dispute.
Whilst we have taken all due care in providing the information on our Website and apps, we do not provide any warranty, either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
BUSINESS SHARERS AND BUSINESS PARTNERS
It is a term of promoting the listings of our Business Sharers and Business Partners on our site, that Business Sharers and Business Partners must not advertise at a lower price with any other advertising means and must always keep their item and service availability information up to date.
It is a violation of our Terms and Conditions to:
recruit or otherwise solicit any Partner, Renter, Sharer or other members to join third-party services or websites that are competitive to Sharedrobes, without Sharedrobes’s prior written approval;
use our Website and/or apps or services to find a Partner, Renter or Sharer and then complete a booking or purchase independent of the Website and/or apps, to circumvent the obligation to pay any Service Fees or for any other reason.
LIMITATION OF LIABILITY
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
We do not accept liability for anything contained in the post of a member or in any form of communication which originates with a member and not with us.
We do not participate in any way in the transactions between our members.
CLASS ACTION WAIVER
By accessing our Website and/or mobile apps, you agree to waive all rights to any class action against us.
By accessing our Website and/or our mobile apps, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our Website and/or apps.
If a force majeure event causing delay continues for more than thirty (30) days, we may terminate this Agreement by giving at least seven (7) days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
These Terms and Conditions are to be governed by and construed under the laws of Ireland and any claim made by either party against the other which in any way arises out of these Terms and Conditions will be heard in Ireland and you agree to submit to the jurisdiction of those courts.
If any provision in these Terms and Conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms and Conditions and the remaining provisions will remain in full force and effect.
This Website and mobile apps are operated by Sharedrobes Ltd, trading as Sharedrobes. Sharedrobes Ltd is not liable for any direct or consequential damage arising from your use of the Website or associated mobile apps.
We endeavour to take all due care with any information which you may provide to us when accessing our Website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we endeavour to take reasonable steps to preserve such information securely.