Lender: an entity that lists, maintains and lends out their items. This term may also be used to describe a Vendor in the instance that a Lender makes available their item for sale.
Renter: an entity that borrows the items from a Lender. This term may also be used to describe a purchaser in the instance that a Renter decides to purchase an item from a Lender.
Dress: defined as per normal meaning, however for the purposes of this platform also may include other items of clothing and accessories as listed on the platform.
Welcome to Designer Closet (referred to as "we," "our," or "us"). By using our website, mobile application, or any related services (collectively referred to as the "Platform"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). Please read these Terms carefully before using the Platform. If you do not agree to these Terms, you may not use the Platform. By using the Platform, you agree to these Terms.
A breach or violation of any of the Terms will result in an immediate termination of your Services, and remediation may be sought.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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 Renters and Lenders of designer clothing. Transactions are between Renters and Lenders, or Purchaser and Vendor, however all users of our services are subject to these Terms and Conditions.
If a Lender has any specific rules, the Lender must make clear those rules prior to a transaction being entered into with a Renter. A Renter and Lender agrees to also adhere by those rules, so long as they don’t conflict with these Terms and Conditions. In the event of a conflict between the Lender’s rules and these Terms and Conditions, these Terms and Conditions overcome the Lenders rules.
These Terms and Conditions are also subject to any Insurance providers Terms and Conditions, which if any Insurance is provided, are made available to the Lender and /or Renter before any booking is completed, if it includes Insurance.
Our services are provided to adults over the age of eighteen (18) years. By proceeding to transact or rent through our website, you acknowledge that you are over 18 years of age, or are acting with the authority of an adult over 18 years and that adult accepts any liability.
All prices are in New Zealand Dollars (NZD) and are exclusive of GST 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 users listing items reserve the right to amend the prices at any time. We are not liable for damage suffered in relation to price fluctuation.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
The listings on this site are monitored by the Platform, but remain the responsibility of the Lender that created that listing. All issues of inaccuracy (misrepresentation, lack of detail etc.) is the sole responsibility of the Lender, the Lender bears the onus of accurate listing information including up to date listing condition descriptions.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Product descriptions
Users lending dresses ("Lenders") agree to:
We strive to ensure that the listed products 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 and the Lenders 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 product.
Any item available for purchase or rent that is found to be a counterfeit of a designer product will be evicted from the platform. If a renter or purchaser calls into question the authenticity of an item, it will be the responsibility of the Lender to provide certification or documentation of the authenticity. The platform may become involved in any disputes, and will have final determination in the event of no resolution being met between parties.
Designer Closet recommends taking detailed photos of each dress prior to each booking, which may be relied upon in the unfortunate event of a dispute regarding condition or accuracy of the dress when the Renter receives it.
Lenders acknowledge that fair wear and tear is acceptable during a booking, which cannot be compensated from a Renter. Damage, pulls, pilling, tears and stains (etc.) are not fair wear and tear, and will be compensated where possible.
Product bookings
We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
Our fees and charges can be accessed from our home page and we reserve the right to amend our fees and charges at any time.
Users renting dresses (Renters) agree to:
Our products are for rent to adults over the age of eighteen (18) years. By proceeding to transact or rent through our website, you acknowledge that you are over 18 years of age, or are acting with the authority of an adult over 18 years and that adult accepts any liability.
When you order from us, we require you to provide your name, address for delivery, 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 error in transmission or virus or malware.
All risk of loss or damage to the goods passes to you when we, or a lender or owner despatch the goods.
Renters acknowledge that damage, pulls, pilling, tears and stains (etc.) are not fair wear and tear, and Lenders are eligible to seek compensation from the Renter via the platform.
Designer Closet recommends taking detailed photos at the commencement of each booking, which may be relied upon in the unfortunate event of a dispute regarding condition or accuracy of the dress when the Lender receives their dress back.
User Registration
To use certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Privacy
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
Hyperlinks
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 to 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.
No listing is to contain hyperlinks to other rental services websites/s. No listing is to encourage a renter or potential renter or purchaser to book or purchase an item through a different website or service provider. We reserve the right to serve you with notice if we become aware of your activities in drawing potential renters to other service providers.
We may facilitate payments between Renters and Lenders through our Platform. You agree to comply with our payment policies and provide accurate billing and payment information.
Cancellation
If a cancellation is requested prior to 2 weeks before the rental period commencement, a partial refund may be issued to the Renter less a $19.99 administration fee payable to the platform.
If a cancellation is requested within 2 weeks but earlier than 1 week before the rental period commencement, it is at the discretion of the Lender to determine if a refund may be issued to the Renter less a $19.99 administration fee payable to the platform.
If a cancellation is requested within 1 week of the rental period commencement, no refund may be issued to the Renter.
Refund for item not fitting
If the item was accurately described in the listing, a refund cannot be issued in the instance where the dress (or other item as rented) does not fit.
Refund for item not as described
In the event that an item is not as described, the Renter and Lender are encouraged to find a resolution. Should a resolution not be found, the platform will make a determination.
Refund for item received late
All lenders endeavour to have your item with you in time for your event. In the event that your item does not arrive in time for you to wear to your event, a full refund is due. Please note however, that you must post the dress back to your Lender by the next business day after receipt and must be returned unworn, otherwise your refund will be forfeited.
Refund for item returned late
Designer Closet as a platform relies on borrowers and lenders working together to make the hire process work simply and efficiently. When a Renter returns an item late it impacts the Lender’s ability to clean and prepare the item for the next borrower. In these situations, Renters will be charged $25 per day via their payment method to reimburse their Lender for the disruption for each day that the item is late in being returned.
In the event that a Renter fails to pay the late fees or adequate contact when required to do so, the matter may be passed on to an external debt-collection agency for recovery.
Users may not:
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of any nature. When you visit our website, we give you a limited licence to access and use our information for personal use. Except as permitted by 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, or any other similar activity, without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring, or similar activity, of our website.
We reserve the right terminate user access and delete content wherein we believe that user has acted in manner that is generally considered to harassing, bullying, illegal, defamatory, racist, or inappropriate.
In the event of disputes between users, we may, but are not obligated to, mediate or assist in resolving the dispute.
We reserve the right to refer a matter to the authorities, including without the notice or permission of the parties in dispute.
8.1. We reserve the right to suspend or terminate user accounts at our discretion, without prior notice, for violations of these Terms.
9.1. We collect and use personal information as described in our Terms, and in accordance with the law.
To the extent permitted by law, we are not liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Platform.
We may update these Terms from time to time. Users may be notified of changes via publication on this Terms webpage. Continued use of the Platform after such publication constitutes acceptance of the updated Terms.
These Terms are governed by the laws of New Zealand.
If you have any questions or concerns regarding these Terms, please contact us at info@designercloset.co.nz
By using our Platform, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
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