Terms of Service – Effective Date – February 1st 2020
Style Collective is a platform for the rental of designer clothing and accessories. We own our own stock, whilst also partnering with retailers, to provide our customers with the latest fashions to borrow for a set period of time.
Style Collective reserve the right to accept or reject any membership application for an account to use the Style Collective Services at our sole and absolute discretion.
Content: any photos, text, audio or video clips, or any other information posted to the Style Collective Services.
Estimated Market Value: a reasonable estimate of the current market value of an Item by the Lender. In the event the Renter disputes the estimate made by the Lender, Style Collective will determine the estimated market value. Style Collective determination is final and binding on both Lender and Renter. The estimate may change from time to time.
Fee Liability: the fees due to Style Collective in order to have use of their product(s).
Style Collective: Style Collective Limited, Style Collective, Style Collective, we, us, our.
Style Collective Platform: the website www.style-collective.com and/or the mobile application made available by Style Collective.
Style Collective Service(s): means the Style Collective Platform and services and Content provided through the Style Collective Platform including the facilitation of peer-to-peer wardrobe rentals of clothing and accessories.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Item(s): items including but not limited to: dresses, bags, tops, shoes, accessories, jumpsuits, trousers, skirts and outerwear.
Member(s): any individual who has registered and been accepted to use the Style Collective Services as a Renter. Members log in to access the Style Collective Services, search for Items as a Renter, request to Rent and correspond with our Platform for the purpose of facilitating a Rental.
Rental Commencement Date: the date on which the Rental of an Item begins. This is deemed to be the date the Rental is due to start as booked on the Style Collective Services and as detailed in your confirmation email and account dashboard.
Rental Period: the length of time the Item is available for as set out on the Style Collective Services. The Rental Period is measured from the date the Rental is due to start as booked on the Style Collective Services (and includes Bank Holidays, weekends and other holidays) to the day the Item must be posted back to the Lender (before 5pm).
Rental Request: a request made by a prospective Renter to rent an Item for a specified period of time subject to these Terms and all applicable fees.
Renter(s): A Member who wishes to rent goods available through the Style Collective Services subject to these Terms.
Renters’ Terms: the additional terms incorporated into these Terms that apply to Renters set out at Clauses 18-22 of these Terms.
Review: a brief summary of a Renter’s experience of Renting or Lending an Item through the Style Collective Services. Reviews will be visible on both the Renter and Lender’s profiles.
Service Fee: has the meaning given to it in Clause 9.1.1.
User(s): both Members and Visitors.
Visitor(s): people who are visitors to the Style Collective Services and are not yet registered as Members.
- Who We Are
The Style Collective Services are owned and operated by Style Collective Limited, a private limited company registered in England and Wales under company number 10907688 and with a registered office at 4 Cranbourne Cottages, Winkfield, SL4 2EQ. If Style Collective need to contact you it will be by telephone or by writing to you at the email or postal address you have provided to us when you register.
We value hearing from our Users and are always interested in learning about ways we can improve the Style Collective Services, please feel free to email us at [email protected]
When we use the words writing or written in these terms, this includes email.
- What Services We Offer
Current shipping policies governing the delivery and return of products are detailed on the Site. Delivery time for products you have selected to borrow may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, Style Collective makes no guarantees as to actual delivery time. The risk of loss for items shipped passes to you upon our delivery to the carrier. We will send you an email letting you know when your product is shipped.
If a product is returned in a damaged or dirty condition that exceeds normal wear and tear, as determined by Style Collective in its sole discretion, you agree that Style Collective may invoice you for the full cost of replacing such product as well as charge you the full amount of any lost earnings or incurred costs resulting from the damage. The product replacement fee will vary depending on the specifics of each dress and its amount is to the full discretion of Style Collective.
Under no circumstances are customers to attempt to clean any products themselves (i.e. dresses, bags, etc) by any means (dry cleaned or otherwise). If done so, Style Collective reserves the right to invoice for part or full replacement value of the items and charge you the full amount of any potential lost earnings or incurred costs regardless of whether any damage has been caused.
Any discounts, vouchers or offers made available on the site or through third party channels which are redeemable on the Style Collective site are subject to change without notice. It is hereby confirmed that only one may be used at a time; this also will be subject to change at Style Collective’ discretion
These Terms of Service constitute a binding legal agreement between you and Style Collective. (“Style Collective,” “we,” “us,” and “our”). Please read them carefully.
- Modifications to Terms of ServiceWe reserve the right to modify these Terms of Service at any time and in any manner at our sole discretion. Notice of any modification of these Terms of Service will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms of Service.If you do not agree to any changes in the Terms of Service as they may occur, please arrange to terminate your registration with the Site immediately (a) by notifying Style Collective of your unwillingness to accept the changes to the Terms of Service by emailing [email protected] (b) by discontinuing your use of the Service and the Site.You agree that we shall not be liable to you or to any third party for any modification of the Terms of Service.
- Access and Availability of SiteWe will use all reasonable endeavors to ensure that the Style Collective Services are fully operational at all times. However, we do not guarantee that the Style Collective Services or any Content on it, will always be available or be uninterrupted.
Access to the Style Collective Services are permitted on an “as is” temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Style Collective Services without notice. We will not be liable to you if for any reason the Style Collective Services are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Style Collective Services. You are also responsible for ensuring that all persons who access the Style Collective Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
We reserve our right to restrict, suspend or terminate your use of the Style Collective Services or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and other applicable terms and conditions.
- Use of the SiteIn order to access and make use of the Style Collective Services you must register an account and become a Member in a personal capacity. To activate your account, you must confirm via the email confirmation you will receive. You will then be free to access the functionality of the Style Collective Services. This will be subject to security checks submitted in your application form.We use Stripe to take payments on our site. You can read more about how Stripewill manage personal data here.
Use of the Style Collective Services is intended for Members only. We are under no obligation to accept any individual as a Member, and may accept or reject any membership application at our sole and complete discretion. In addition, we may deactivate any account at any time, including, without limitation, if it is determined that a Member has violated these Terms (including the Renters’ or Lenders’ Terms).
Unless otherwise explicitly permitted by Style Collective you may register one (1) account.
To create an account, you confirm that:
you are over 18 and capable in your country of residence of entering into a legally binding agreement;
you will complete our identity verification process;
all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects. You can update or correct your personal details at any time in your User dashboard when you are logged in or by emailing us at [email protected]
you are responsible for maintaining the confidentiality of your account details and for any activities that occur under your account. If you have any concerns that your account may have been misused, you should contact us at [email protected].com and
you have all relevant rights, licenses and/or approvals in relation to any material or Content you post on the Style Collective Services.
when you create your account, you may do so using an email address and password, or by connecting through a social media account (including but not limited to Facebook and Amazon). If you choose to connect via a social media account, you may disable the link between that account and your Style Collective account in the settings section of your social media account.
when you use the Style Collective Services you accept that you will not:
- breach any applicable laws or regulations that apply;
- breach any of the Terms;
- when acting as a Lender, breach any of the Lenders’ Terms;
- when acting as a Renter, breach any of the Renters’ Terms;
- post or take any threatening, abusive, defamatory, obscene, inappropriate action or post any indecent material, or material or action that is invasive of another’s privacy (including but not limited to other Users and Style Collective employees);
- share or otherwise upload or communicate any misleading or false information or messages of any kind;
- use the Style Collective Services to intentionally deceive other Users;
- use the Style Collective Services to stalk or otherwise harass another User;
- use the Style Collective Services if we have suspended or banned you from using it;
- infringe the Intellectual Property Rights of any third-party;
- distribute any viruses or any other technologies that may harm the Style Collective Services or its Users;
- interfere with the proper working of the Style Collective Services;
- copy, modify, or distribute any other person’s Content without their consent;
- use any robot, spider, scraper or other automated means to access the Style Collective Services and/or collect Content or data for any purpose;
- collect information about other Users, including email addresses, postal addresses, phone numbers, credit card or banking information or similar information without their explicit consent;
- copy, modify or distribute rights or Content or collect data from the Style Collective Services, applications or tools or otherwise infringe Style Collective’s Intellectual Property Rights;
- bypass, disable or attempt to disable any security measures used in connection with the Style Collective Services;
- collect any data (including personal data) from the Style Collective Services other than in accordance with these Terms and applicable laws;
- sell any counterfeit Items or otherwise infringe the copyright, trademark or other rights of third parties;
- write and post reviews that are anything other than true and accurate to the best of your knowledge; or
- impersonate any person or misrepresent your affiliation with a person or entity.
You indemnify Style Collective against any threatened legal proceeding or claims issued against Style Collective by another person on the basis of your breach of the Terms.
Your account may not be shared with or transferred to another: it is for your personal use only. You must keep your account details secure and you are solely responsible for all activities carried out on or through your account. If you do not take all reasonable steps to protect your account information, Style Collective is not liable for any losses incurred as a result of your account being accessed or used by someone else.
- BillingsWhen you borrow a dress you will be required to provide Style Collective with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By signing up for the Service, you authorize Style Collective or its agent to bill your credit card the applicable fees, per-item or borrowing fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. The applicable fees will be charged to your credit card on the date your purchase is made. If your dress is not returned on the due return date agreed when the purchase was made, Style Collective will charge your credit card for each overdue day, at the rate set for that dress as stated on the site, until a return shipment has been booked by the customer and Style Collective are notified by the courier company.
If Style Collective does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Style Collective reserves the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies. Style Collective reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
We may modify the price, content, or nature of the Service at any time. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site.
- Cancellation CostsIf you wish to cancel your order BEFORE it is delivered, please let us know as soon as you can by contacting customer service on [email protected]and we will be happy to take care of it for you. We can give you a full refund if you cancel 4 weeks before your event date. If you cancel 2 weeks before your event date we can give you a 50% refund. If you cancel less than 5 days before your event date we cannot offer you a refund.
In the event your Rental Request and the Rental Commencement Date are within the same 48 hour period you are permitted to cancel the rental within two (2) hours of submitting the Rental Request without penalty. Once the two hours has elapsed you are unable to cancel the Rental and you will be liable for 100% of the applicable Rental and Service Fees.
If we reasonably believe that you rented an Item with the intent to perpetrate a theft or to cause any other harm, we have the right to cancel a Rental without notice and charge the Renter a sum we deem appropriate up to the Estimated Market Value. We reserve the right to use our discretion to determine the appropriate sum in each instance.
If you are unclear on any of these terms or have any questions please get in touch by contacting customer service on [email protected]
- Prices and PaymentsPayment for all orders must be made by credit or debit card on the payment page. We accept payment by most major credit or debit cards, as well as PayPal. Payment is taken through our payment partner, Stripe.
- InsuranceWhen you rent an item for the first time you will need to supply your credit card details for the sum of the value of the item to be held until the rental is returned. This is for security purposes.
If the item is returned damaged beyond repair or lost or stolen you will be charged the replacement cost of the item. If there is minor damage, we will charge a tailoring fee. Extra charges also apply on occasions when the damage to the dress delays or cancels another customer. These decisions are at the full discretion of Style Collective.
You agree by supplying us with your card details that we can charge you for the above additional fees.
- SecurityPlease note that, for security reasons, we ask customers ordering for the first time to provide proof of their billing address, as well as a copy of their ID. This has to be approved by us before the first delivery can be made. We can only accept Payment Methods where the statement address is within the United Kingdom.
- Style Collective’s LiabilityThe Terms within this agreement do not limit our liability for fraudulent representation, death or personal injury from the negligence of our agents or employees.
Style Collective shall exercise all reasonable care and skill in connection with the Style Collective Services. Style Collective does not endorse or guarantee any Member or User of the Style Collective Services or make any assertions as to trustworthiness. You Rent or Lend Items at your own risk.
Style Collective is not responsible for the acts or omissions of a third party using the Style Collective Services. We act as an intermediary in regards to the transaction between the Renters and Lenders on the Style Collective Services. We do not accept any liability for either party’s performance within the transaction.
Style Collective shall not be responsible for the following:
Any secondary or indirect loss, consequent to a direct damage, which was not reasonably foreseeable upon entering the contract;
the Content uploaded by Users which is defamatory, unlawful, inappropriate, abusive, offensive or threatening or in any way impeaching on another’s right which would constitute a criminal offence and give rise to civil liability or otherwise violate any other applicable law;
any loss which did not result from our direct breach;
the failure to meet our obligations or to provide the Style Collective Services under this agreement where failure has occurred from events that were not in our control. Meaning a circumstance where the cause was beyond our reasonable control which became an obstacle to completing the Style Collective Services not confined to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
We explicitly exclude any and all conditions, warranties, or representations both implicit or explicit relating to quality, merchantability, durability, fitness for purpose, and those arising by statute.
Any direct damages that are suffered as a result of your use of the Style Collective Services (including the Style Collective Platform and Content) shall be limited to the monies you have paid to Style Collective in connection with your use of the Style Collective Services during the three (3) months immediately preceding the events giving rise to the claim. For the avoidance of doubt this does not include any monies you have paid in respect of the Rental.
- Intellectual PropertyWe are the owner or the licensee of all Intellectual Property Rights in the Style Collective Services and any services associated with it, and in the material published on it (including text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Unless any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply, Members agree not to otherwise reproduce, duplicate, copy, resell or in any other manner re-use or exploit any part of our Style Collective Services or the Content on our Style Collective Services unless given express written permission to do so by us.
You have no Intellectual Property Rights arising from the Style Collective Services and you will not use the material on our Style Collective Services save as in accordance with these Terms. It is your sole responsibility to ensure you have all necessary rights and licenses to use and/or submit materials and Content to the Style Collective Services.
You must not extract or otherwise use any Content or data on the Style Collective Platform for commercial purposes.
- Submissions by MembersYou expressly acknowledge and agree that Content and certain data you submit for inclusion on the Style Collective Services will be accessible by others. You expressly acknowledge that you are waiving any rights to confidentiality or privacy for any Content which you make available, including, without limitation, any personally identifying information that you may make available.
You acknowledge and accept that any Content that you upload onto the Style Collective Services is wholly your responsibility. You warrant that you have the necessary rights for the Content that you upload on the Style Collective Services and any publication of said Content will not infringe upon the rights of any third parties (including Intellectual Property Rights). You further accept that if there is any loss suffered by Style Collective due to your breach of the Terms, then you shall compensate Style Collective for any resulting liability.
You promise to contribute only true, accurate and un-enhanced photographs of the Item(s) and guarantee you hold all of the applicable rights. Style Collective reserves the right to remove any photos we consider tampered with, of lower than acceptable quality or unfit for the purpose of accurately displaying the Item(s).
You retain all Intellectual Property Rights in and to your own Content. By uploading or sending your Content on to the Style Collective Services you hereby give Style Collective a non-exclusive, royalty-free, irrevocable, sub licensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Content as reasonably necessary to provide the Style Collective Services.
You acknowledge and agree that Content you upload to the Style Collective Services including but not limited to the Listing may be shared with or displayed in both online and offline advertisements, in emails, and on other websites and applications to promote Style Collective and increase the visibility of the Style Collective Services.
- Stopping Use of Our ServiceYou may cease using the Style Collective Services at any time (outside of any active Rentals) by requesting that your account be deactivated via email at [email protected]
- Disputes with Style CollectiveIn the event that you have a dispute with us, please contact us directly so a resolution can be found. We will consider reasonable requests to work through the dispute through alternative dispute resolution methods such as mediation.
Any court proceedings must occur within the United Kingdom. If you are a resident in England and Wales, then the laws of England and Wales shall apply. Alternatively, if you reside in Scotland, then the Scottish law shall apply. If you reside within the European Union, in respect of any consumer protection rights you have then you are entitled to bring action within the applicable EU courts.
- Third Party RightsThis agreement has not given any right under the Contracts (Rights of Third Parties) Act 1999. This does not affect any right or remedy that has been stated within this agreement or exists separate to the Act.
- TaxesAll applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.
- Links and AdvertisingWe may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. STYLE COLLECTIVE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.
- Liabilities and WarrantiesYou hereby represent, warrant and covenant that:
Through your Rental Request, you explicitly agree with the Estimated Market Value of the Item provided by Style Collective. By agreeing, you are accepting liability to pay the Estimated Market Value in circumstances of loss or damage. IF YOU DO NOT AGREE TO THIS YOU SHOULD NOT RENT AN ITEM.
If we reasonably believe that you have damaged or lost an Item, then we have the right to charge you up to the Estimated Market Value without requiring permission.
You are responsible for returning the Item(s) that you Rent in the same condition as they were when you received them. Do not under any circumstances attempt to clean stains or repair tears yourself. Style Collective will take care of the item.
You are solely responsible for any obligations you may have to pay any applicable taxes and make any required reporting to tax authorities including but not limited to VAT and other sales, rental, tourist, income or other taxes.[/col] [/row] [gap]