FASHION HIRE LIMITED
TERMS OF USE

1. Acceptance of Terms of Use

Welcome to FASHION HIRE. These Terms of Use constitute the basis for a binding legal agreement between you and FASHIONHIRE LTD (Company number 05826814) whose registered office is at 4 Beacon Road, Ashburton Park, Trafford Park, Manchester M17 1AF ("FASHION HIRE," "we," "us," and "our"). Please read them carefully as they affect your rights and liabilities under the law.

These Terms of Use govern your use of the website www.fashionhire.co.uk (the "Site") and the FASHION HIRE service and hire and/or sale of products (the "Service"). By using the Service or visiting or viewing the Site, you accept these Terms of Use. If you do not agree to these Terms of Use you should not use the Service, or visit or browse the Site at all.

2. Changes to Terms of Use

We reserve the right to modify these Terms of Use at any time and in any manner at our own discretion. Notice of any modification of these Terms of Use 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 carefully before using the Site to determine whether a change has been made to these Terms of Use.

If you don´t agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately by notifying FASHION HIRE of your unwillingness to accept the changes to the Terms of Use and Service (by emailing enquiries@fashionhire.co.uk or writing to us at 4 Beacon Road Trafford Park Manchester M1 7AF or call the helpline number shown on the Site) and of your intention to discontinue 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 Use.

3. New Member and Obtaining an Account

Before you can begin use of the Service, you must register and sign up as a member through the Site and obtain an account with FASHION HIRE. In order to register and sign up as a member of the Site and use the Service:

(i) You must be 18 years of age or older

(ii) You must be able to lawfully enter into contracts on the Site in accordance with English law

(iii) You must have a valid credit or debit card with a bank or other provider acceptable to FASHION HIRE and you must have provided us with the details of such card. The card must be registered to your home address.

Proof of residency in the form of a utility bill, bank statement or driving licence or similar is also necessary

(iv) Your application must be acceptable to FASHION HIRE in all respects; and

(v) You must have authorised FASHION HIRE to process a charge or charges to your credit or debit card in the amount of the membership fee (plus any initial product rental).

FASHION HIRE reserves the right, at its absolute discretion, to refuse membership for any reason. FASHION HIRE will not be liable to any person by reason of refusing to process or suspending a membership application.

Membership is based on either the Standard Package, Silver or Gold Membership Package (further details of each below). The initial membership period for either the Standard Package, Silver or the Gold Membership Package is for 3 months (the "Initial Term"). Following the Initial Term, your membership will automatically renew for successive membership periods and your credit or debit card will automatically be charged with the applicable fee, unless you cancel your membership or your membership is otherwise terminated under these Terms of Use.

Pay as you go (standard) package

1) The current membership fee for the Standard Package is £9.95 per month (such price being inclusive of any applicable VAT). The minimum charge for 3 months is £29.85. You can also apply a discount for paying 6 months or 12 months in advance.
For 6 months it is £45.00 and for 12 months it is £60 in advance
YOU WILL BE AUTOMATICALLY CHARGED FOR A FURTHER 3,6 OR12 MONTHS AT THE END OF THE PERIOD YOU HAVE CHOOSEN UNTIL YOU DECIDED TO CANCEL WITH FASHIONHIRE .

FASHIONHIRE WILL ONLY CANCEL MEMBERSHIPS AND AGREEMENTS WHEN ALL BAGS HAVE BEEN RETURNED.

2) You will then pay the standard hire charge for each product as and when you place an order with FASHION HIRE for hire of the relevant product. Please see individual pages of the Site for information on rates applicable for each individual product. Standard charges for insurance and delivery will also apply.

3) All other aspects of these Terms of Use will apply

4) A minimum of 3 months commitment for all membership types.

Gold Membership Package

1) The current membership fee for the Gold Membership Package is £135 per month (such price being inclusive of any applicable VAT). Subject to each monthly payment of your membership fee being made, you will be entitled to order two (2) FASHION HIRE products at any one time the £135 includes the cost of hire of the 2 chosen bags.

2) Please note however that only one product from the "Glamour Queen" range may be ordered at any one time and all Hermes bags are excluded from this offer.

3) The maximum period for which you may borrow each product will be three (3) months in accordance with these Terms of Use (see below).

4) You will be entitled to one (1) free delivery of the products per month of your membership but any extra deliveries will incur a charge of £12.99 for delivery . There will be no charge for insurance of the products you borrow. Such insurance will cover light wear and tear but will not cover theft or loss of the products. For our policy with regard to lost/stolen items, please see below. 

a) A maximum of 2 exchanges every month

5) A minimum 3 months commitment for all membership
A £150 DEPOSIT MAY BE REQUESTED FOR THE BAGS WHICH WILL BE REFUNDED ONCE THE BAGS ARE RETURNED OR AT THE END OF THE MEMBERSHIP PERIOD

Silver membership

1) The current membership fee for the Silver Membership Package is £90 per month (such price being inclusive of any applicable VAT). Subject to each monthly payment of your membership fee being made, you will be entitled to order one (1) FASHION HIRE product at any one time. The £90 includes the cost of hire of the one chosen bag.

2) Please note however that only product excluded from this range is the hermes bags which will be subject to a surcharge.

3) You may change the products borrowed from FASHION HIRE upto twice in every calander month, but the maximum period for which you may borrow any bag will be three (3) months in accordance with these Terms of Use (see below).

4) You will be entitled to one (1) free delivery of the products per month of your membership but any extra deliveries will incur a charge of £12.99 for delivery . There will be no charge for insurance of the products you borrow. Such insurance will cover light wear and tear but will not cover theft or loss of the products. For our policy with regard to lost/stolen items, please see below.

a)  A maximum of 2 exchanges every month
b) A minimum commitment of three months membership is required for all memberships

5) All other aspects of these Terms of use will apply.

A £80 DEPOSIT MAY BE REQUESTED FOR THE BAG OR BAGS THAT WILL BE REFUNDED ONCE THE BAGS ARRIVE BACK SAFELY OR AT THE END OF THE MEMBERSHIP PERIOD



Prices for purchase of any of the FASHION HIRE products on the Site (and any insurance offered by FASHION HIRE) will vary from product to product. Please see the relevant page of the Site for any such prices and information on how to purchase FASHION HIRE products. FASHION HIRE reserves the right to change any of the membership, shipping, replacement or other applicable charges at any time, but notice of the changes will be clearly posted on our website and will only take effect thirty (30) days after the posting of such notice.

You warrant to FASHION HIRE that you will provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"), and you will maintain and promptly update the Registration Data to keep it, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Service and the Site.

When you register to use the Site you will be asked to create a password. In order to prevent fraud you must keep this password confidential and must not disclose it to or share it with anyone. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account. If you suspect any unauthorised use of your account, notify us immediately. Please note that if we suspect that there has been, or is likely to be, a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account. In order to provide you with ease of access to your account, we may place a cookie (a small text file) on the computers from which you access the Site. When you revisit the Site, this cookie will enable us to recognize you as the account holder and allow you to more easily access your account.

4. Gift Certificates

We may offer various Gift Certificates that can be applied toward the Service. You authorise us to charge your credit or debit card for any Gift Certificates that you purchase. Gift Certificates are also subject to the additional terms and conditions set out on the Site. Please see the relevant page of the Site for further details.

5. FASHION HIRE Service & delivery

The Service allows registered members to access the Site and purchase or borrow products from FASHION HIRE in accordance with these Terms of Use. Once payment of the monthly membership fee has been made and the relevant identification has been confirmed, the member can choose to order products from our expansive on-line selection in accordance with the terms of the appropriate membership package chosen, and have them shipped to the member's address, or work address, providing we have received confirmation of work address in the form of business letterhead, person business card etc. However, we reserve the right to limit the number of items that a member may borrow at any time. Orders for hire of multiple products may be permitted after you have built up an adequate trading history with us. FASHION HIRE also reserves the right to withdraw products from our range at any time and without prior notice.

Full details of the borrowing rates for the FASHION HIRE products are outlined in detail on the Site. All products will be delivered to members by our designated couriers for a fee of £9.99 per item (except for your first product order in each month of a Gold Membership Package for which no charge will apply). This delivery fee, which will be billed to your credit or debit card, covers both the delivery of the product to as well as the subsequent return by you. Full transit insurance for the product up to its replacement fee is also included in the delivery fee.. For further details of our shipping policy, please see the relevant pages of the Site.

Delivery time for products you have selected to borrow may vary based upon, (a) your delivery address, (b) stock availability (c) when you place an order, and (d) other circumstances impacting delivery by our couriers. We will use our reasonable endeavours to ensure that the product reaches you within three (3) days of your order being placed, however, FASHION HIRE makes no guarantees as to actual delivery time and time for delivery of the products to you shall not be of the essence of your contract with us. Once the products you have ordered have been passed to the third party carrier, you will receive an email advising you of the delivery details and the estimated time and date of delivery. The risk of loss for items shipped passes to you upon our delivery to the carrier.

Each order you place for a product will constitute a separate contract between you and FASHION HIRE on the terms and conditions set out in these Terms of Use. In accordance with the terms of such contracts, you must return all products you hire from FASHION HIRE on the date notified to you for return of the products. In any event, the maximum duration for hire of any of our products will be three (3) months. If you fail to return a product to us by the due date for return notified to you, we reserve the right to treat the product as lost and charge your credit or debit card with the full replacement fee (as detailed below).

All FASHION HIRE products are authentic designer products and are provided to you in either new or "like new" condition. If you lose a product or return a product to us in a damaged or dirty condition that exceeds normal wear and tear (as determined by FASHION HIRE in its sole discretion) you agree that FASHION HIRE may charge your credit or debit card if it wishes with a replacement fee for such product (except to the extent the loss is covered by insurance you may have purchased from FASHION HIRE to cover damage to the product). The product replacement fee varies depending on the specifics of each bag. Please see the relevant page of the Site for further details. If we determine, in our sole discretion, that the product returned is capable of repair or restoration to its original condition, we may charge you a lesser amount than the relevant replacement fee to cover the cost of such repair or restoration.

You may purchase insurance through us at the time you order a product. The applicable insurance fee varies depending on the bag. Insurance purchased through us will cover you for wear and tear of the product but not for theft or loss of the product. Please see the relevant pages on the Site for more information on insurance.All products that are hired to you will remain, at all times, the exclusive property of FASHION HIRE. When you hire a product from us, you agree that you will not re-sell such products supplied to you by us, nor make them available for hire or otherwise allow any unauthorised or illegal use to occur

5b. Returning bag
When you're ready to return the bag simply pack it in its original packaging and affix the self adhesive Fashion Hire label provided to you when the bag was first delivered. Send us an e mail 24 hours prior to the collection day and our designated couriers will collect from your chosen UK address.
PLEASE ENSURE YOU SEAL THE BOX PROPERLY.

You must return all products you hire from FASHION HIRE on the date notified to you for return of the products. In any event, the maximum duration for hire of any of our products will be three (3) months. If you fail to return a product to us by the due date for return notified to you, we reserve the right to treat the product as lost and charge your credit or debit card with the full replacement fee (as detailed below).
You must return all products you hire from FASHION HIRE on the date notified to you for return of the products. In any event, the maximum duration for hire of any of our products will be two (3) months. If you fail to return a product to us by the due date for return notified to you, we reserve the right to treat the product as lost and charge your credit or debit card with the full replacement fee (as detailed below).

 

PLEASE NOTE ANY BAGS RETURNED BY ANY OTHER COURIER SERVICE THAN UPS ARE SENT AT OWN RISK.

FASHIONHRE WILL NOT BE HELD RESPONSIBLE FOR LOSS OF ANY BAG SENT VIA ANY OTHER COURIER SERVICE OTHER THAN THAN STATED ABOVE.

6. Cancellation of Membership

After the Initial Term, you may cancel your membership at any time by contacting customer service by e-mail. You must cancel your membership before it renews automatically for the next period to avoid a further membership charge. Once you have given FASHION HIRE notice of your wish to terminate your membership, you will have seven (7) days from the date of such notification to return to us all products that you have hired and pay any outstanding charges for lost or damaged products. If you fail to return such product(s) or make such payment within seven (7) days, we reserve the right to charge you with a replacement fee for each of the outstanding products and all outstanding fees will be automatically billed to your credit or debit card without further notice. Upon receipt of your cancellation request, we will cancel and terminate your account at the end of the then-current membership period, provided that you have returned all outstanding products and paid for any unreturned or damaged products.

If you paid discounted monthly membership or other fees based upon your commitment to a membership of a particular length or other specific terms, in the event you cancel your membership early or fail to fulfill agreed upon terms, your credit or debit card will be charged for the full, non-discounted fees and charges for the entire period you were a member. WE DO NOT OFFER REFUNDS OR CREDITS FOR ANY PARTIAL INITIAL TERM OR MONTHLY MEMBERSHIP PERIODS.

7. Invoicing

When you join as a member you will be required to provide FASHION HIRE with accurate, complete and current information of a valid credit or debit card of which you are the lawful owner (as prompted by the Site). By signing up for the Service, you warrant to us that this information as provided to us is accurate and complete and you specifically authorise FASHION HIRE or its agent to bill your credit or debit card the applicable membership fees, per-item purchase 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 membership fees will be charged to your credit or debit card on the date your membership is created and each month thereafter, on the calendar day corresponding to the commencement of your membership. If your membership begins on the 29th, 30th or 31st of any month, FASHION HIRE may charge your credit or debit card on the 28th day of each subsequent month. Other fees will be charged to your credit or debit card as you incur them. Fashionhire reserve the right to cancel an order at any time at our own discretion. If this happens the debit or credit card will be refunded in full. Fashionhire also reserve the right to cancel an order if they are unhappy with any identification provided.

If FASHION HIRE does not receive payment from your credit or debit card provider, your details are incomplete or inaccurate or if your credit or debit card expires or is rejected, notwithstanding our right to terminate your membership, you agree to pay all amounts due upon demand. FASHION HIRE reserves the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies to collect such sums (together with the costs of us taking such action). Fashion Hire reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

By applying to become a member of the Site and receive the Service, you expressly authorise us (either acting on our own or through third party agents) to carry out such credit checks as we deem necessary in order to determine whether your credit or debit card has sufficient credit to accept any applicable fees or other costs. In the event that your card does not have sufficient credit, we reserve the right to, at our sole discretion, reject your membership application or, as the case may be, terminate your membership. You further expressly authorise us, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time (including but not limited to your credit or debit card number or credit reports) to authenticate your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorisation and/or to authorise individual purchase transactions, so far as is necessary for those purposes.

You are solely responsible for any and all fees charged to your credit or debit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You will not hold us responsible for banking charges incurred due to payments failing on your credit or debit card. You agree to notify us about any billing problems or discrepancies within 60 days after they first appear on your account statement. If you do not bring them to our attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.

Without prejudice to any of our other rights under these Terms of Use, we may modify the price, content, or nature of the Service at any time. If we modify any of the foregoing terms, you may terminate your membership. We may provide notice of any such changes by e-mail, notice to you upon log-in, or by publishing them on the Site.

7b. Replacement fees

The estimated replacement fee for a handbag from the Cheap & Chic Collection is up to £250. Handbags from the Fashion Freak Collection will incur a replacement fee of upto £600 and those from the Glamour Queen Collection will incur a replacement fee in excess of £600. Due to their exclusivity and uniqueness, handbags from the Glamour Queen Collection are subject to their own individually priced replacement fees. Please e-mail us at admin@fashionhire.co.uk if you would like to know the replacement fee of any particular handbag in our Collection.

8. Privacy

Any information submitted on the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Our Privacy Policy may be found at www.fashionhire.co.uk/privacy_policy.asp . Please review our Privacy Policy carefully.

9. Submissions

The Site may allow you and other third parties to post reviews or comments concerning the Service or the products we distribute. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of FASHION HIRE, or its shareholders, directors or officers. FASHION HIRE may review and delete any content, in whole or in part, that in the sole judgment of FASHION HIRE violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of or harm any third parties or which might not be in the nature of FASHION HIRE views. Nonetheless, under no circumstances will FASHION HIRE, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service or the Site.

We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you might send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings on message boards on the Site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and the Service. Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by Fashion Hire will not infringe on or violate the rights of any third party.

Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas.

10. Your use of the Site

Unless otherwise specified, the Site is made available to you for your personal and non-commercial use but subject to these Terms of Use. We reserve the right to refuse orders from businesses that we consider are for commercial or non-domestic purposes. FASHION HIRE grants you a limited license to access the Site solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Service, or any information contained on, or obtained from, the Site without the express written consent of FASHION HIRE. Any and all unauthorised uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.

Although we aim to offer you the best possible service, we do not warrant that the Service or the Site will meet your specific requirements. We cannot guarantee that the Service of the Site will be fault free. If a fault occurs with the Site you should report it to us using the contact details shown above and we will attempt to correct the fault as soon as we reasonably can. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.

11. Disclaimers of Warranties & Limitations on Liability

The Service (including the products provided under the Service or purchased through the Site), and the Site and its contents, are provided "as is"; FASHION HIRE makes no representations or warranties of any kind with respect to the Service, gift certificates, products provided with or sold by the Service, the Site, or any contents therein. FASHION HIRE assumes no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site, any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the Site, any losses or damages arising from the use of the content provided on the Site, goods or services provided by FASHION HIRE, or any conduct by users of the Site. FASHION HIRE reserves the right to refuse to ship products in its sole discretion. TO THE FULLEST EXTENT PERMITTED BY LAW FASHION HIRE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT. In addition, FASHION HIRE does not represent or warrant that the information on or accessible via the Site or through the Service is complete or current.

The Site provides content from other Internet sites or resources whether by way of hypertext links or other means of reference. While we try to ensure that material included on the Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Site we will attempt to correct such inaccuracies as soon as we reasonably can. You may not link the Site to another Website without our prior written consent.

NOTHING IN THIS CLAUSE 11 PURPORTS TO LIMIT OR EXCLUDE OUR LIABILITY FOR LOSS CAUSED BY OUR FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

FASHION HIRE´S AND ITS AFFILATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' LIABILITY UNDER THESE TERMS OF USE AND ANY OTHER TERMS AND CONDITIONS (INCLUDING, BUT NOT LIMITED TO, GIFT CERTIFICATE TERMS AND CONDITIONS) IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. FASHION HIRE AND ITS AFFILATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS DATA AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. FASHION HIRE´S AND ITS AFFILATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, GIFT CERTIFICATES, THE SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, MUST NOT EXCEED THE AMOUNTS PAID TO FASHION HIRE BY YOU UNDER THESE TERMS OF USE. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY FASHION HIRE TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN UNDER THESE TERMS OF USE.

12. Restrictions

You will not use the Site or Service to: (a) upload, post, email, or otherwise transmit or disseminate any material that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), or that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that encourages conduct that constitutes a criminal offence or otherwise breaches any applicable laws, regulations or codes of practice; (b) harm minors in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary or contractual right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; (k) write comments that in any way refer to persons under 18 years of age; or (l) collect or store personal data about other users.
You agree that you will be responsible for any losses or costs we suffer resulting from your breach of this clause 12.

13. Indemnity

You agree to indemnify and hold FASHION HIRE, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable lawyers fees, made by any third party due to or arising out of your use of the Service in violation of these Terms of Use and/or arising from a breach of these Terms of Use.

14. Intellectual Property

FASHION HIRE is a trademark of FASHION HIRE. All FASHION HIRE graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of FASHION HIRE. Any trademarks not owned by FASHION HIRE that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FASHION HIRE. Nothing on the Site grants you any licence or right to use, alter or remove such material. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of FASHION HIRE, its licensors, or its product suppliers, and is protected by the laws relating to copyright, trade marks, database right and other intellectual property rights.

You may retrieve and display the content of the Site on a computer screen and print one copy of such content for your own personal, non-commercial use, provided that you keep intact all and any copyright and other proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from us.

15. Termination

You agree that we at our reasonable discretion, may terminate your password, your account with us, or your use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use, failure to promptly pay any membership fee or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Also, we may, at our reasonable discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your account and all related information and Submissions made from your account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.

17. Links and Adverts

We 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. FASHION HIRE 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.
18. Governing Law

These Terms of Use are governed in all respects by the laws of England and Wales. Any dispute arising out of or relating to these Terms of Use, the Service, the Products, or the Site shall be settled before the English courts.

19. Tests

FASHION HIRE tests aspects of its Service from time to time. FASHION HIRE reserves the right to include you in such tests without notice.

20. Claims of Copyright Infringement

It is our policy to respect the intellectual property rights of others. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, if you are aware of any infringing material on the Site, or if you know of someone who is making unauthorised use of the content of the Site, please contact our registered agent or us.

21. Tax

All applicable local UK taxes are your responsibility. You agree to pay these taxes.

22. General

FASHION HIRE´S failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Service, you consent to receiving electronic communications from FASHION HIRE. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. FASHION HIRE is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Use comprises the entire agreement between you and FASHION HIRE and supersede all prior agreements between the parties regarding the subject matter contained herein.

24. Assignment

You may not transfer any of your rights under these Terms of Use to any other person. We may transfer our rights under these Terms of Use to another business where we reasonably believe your rights will not be affected.

25 Order Process

Once you have placed the order to hire a bag you should be notified by email to the email address you provided confirming the order

When the bag is shipped you should receive another email confirming despatch , Your hire period starts on the day your bag is shipped.

Your bag should arrive THE NEXT WORKING DAY if you do not recieve the bag after this time frame of recieving confirmation of despatch you must inform us by telephone 0161 786 0140 or email us at admin@fashionhire.co.uk
An e-mail will be sent to one which was entered in the submition process or which
can be updated via a member once they have joined

We can at times accept telephone orders but we will need to still agree with the T&C of this agreement.

26. Rights of Third Parties

Except as expressly provided for above, nothing in theses Terms of Use confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.

27. Your Right to Cancel

You have the right to cancel the contract made with us at any time up to the end of seven (7) working days after the conclusion of the Contract ("the Cancellation Period"). To exercise your right to cancel the contract you must give written notice to us by email, fax or post using the following contact details: NO refunds are given. E-mail - sales@fashionhire.co.uk

28. Territory

We only cover orders and shipping within the United Kingdom

29. COMPETITION SMS

From time to time fashionhire ltd will run SMS competitons. The Promotion is open to UK residents aged 18 years old or over. To enter, using a mobile phone text FASHION followed by the correct answer A,B OR C to 88199 . We will text you back to confirm your entry. Entries sent by text will be charged at your usual operator's rates. Text messages sent from the promoter cost £1.50. Please obtain permission from the bill payer before texting. Closing date for all entries is 5th dec 2007.

The winner will be randomly selected from correct entries. We will notify you by sms if you are a winner. A list of prizewinners will be available from 5th of December 07 by sending an SAE marked Fashionhire Prizewinners to Fashionhire ltd 4c Beacon Road Ashburton park Manchester M17 1AF. The promoter is Fashionhire Ltd.

 

 

The purchases made from The Closet are all at purchasers own risk. We only sell genuine goods and goods will be sent with the original dustbag and labels to confirm authenticity.

All goods sold are in new or gently used condition, if you require more information please contact sales@fashionhire.co.uk and we will attempt to answer all your questions, in some circumstances we are able to provide up to date photographs of the goods.

Please note we do not offer refunds on purchases made through The Closet.