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Dressed up to the 9's Ltd
Terms of Service for Dress-Hirers
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to register as a member of the Site or use our service.
These terms (the "Terms of Service for Dress-Hirers") apply to the service and are in addition to the Terms of Use.
THE DRESSED UP TO THE 9's SERVICE
Our service allows dress-hirers to access the Site to hire designer dresses from other Site members in accordance with the Terms. The dress-hirers can choose designer dresses to hire from the extensive on-line selection and have them couriered to their specified address.
ACCESS TO THE SERVICE
You must become a registered member of the Site in order to use the service. In order to become a member of the Site you will be required to [complete an online membership form and to submit your details]. Any information provided by you will be processed and dealt with in accordance with our Privacy Policy.
CANCELLING YOUR MEMBERSHIP
If you wish to cancel your membership of the Site please email us at customerservice@dresseduptothe9s.com and we will cancel your membership and remove your details from our database. Please note that if you cease to be a registered member of the Site you may no longer use our service.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
[Once you have registered as a member of the Site you will be given the opportunity to hire dresses listed on the Site from other Site members. You must accept the Terms and complete the online membership form to become a member of the Site before you are able to use our service. Once you have registered as a member you can submit a hire request in respect of a dress. To do this, click on the relevant link to hire the dress and follow the instructions, inserting the details of your hire request, and then click the submit button. Your hire request constitutes an offer to us to use our service. All offers are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that a contract has been formed (the "Dress-Hirer Dispatch Confirmation"). The contract between us will only be formed when we send you the Dress-Hirer Dispatch Confirmation.
Please note that contracts will be filed by us and can only be concluded in English. You will be given the opportunity to correct any input errors [in the online membership form and the hire request form before submitting the forms].
CONSUMER RIGHTS
If you are contracting as a consumer, you may cancel a contract at any time within 7 Working Days (all days other than Saturdays, Sundays and public holidays) of the contract between us being concluded as long as you do not agree a delivery date for the dress with us. If you agree a delivery date for the dress with us you will no longer be able to cancel the contract as you have agreed with us that we have started providing the service.
If you have the right to cancel then:
(a) you will need to send a notice in writing to us stating that you wish to cancel the contract between us and you; and
(b) you will need to send us the notice of cancellation within 7 Working Days, with the 7 Working Day period starting with the day after you receive our confirmation that there is a binding contract between you and us;
(c) you can send us the notice of cancellation by e-mail to customerservice@dresseduptothe9s.com or by post to [Dressed Up To The 9's, 12 Milton Road, Broughton, Milton Keynes, MK10 9LL] marked for the attention of [Director];
(d) after we receive your notice of cancellation we will refund any money you have paid to us within [7] days excluding any applicable bank transaction charges.
OPTIONS, RATES AND POLICIES
The currently available hiring options and rates (including hire charges and courier charges), are outlined in detail on the Site] [We reserve the right to limit the number of dresses that a member may borrow at any time.]
Please note that the courier charge relates to Mainland UK and the Couriers meaning for this is England and Wales only. For rates for Scotland and N. Ireland please contact us at customerservice@dresseduptothe9s.com.
We may modify the price, content, or nature of the service at any time. We may provide notice of any such changes by email, by notice to you upon log-in, or by publishing them on the Site.
HIRE PERIOD
The standard hire period for a dress listed on the Site to be hired for one occasion is 7 days. You should stipulate the date of the occasion for which you wish to wear the dress in your hire request and we will arrange for the dress to be delivered to you by courier on the last Working Day before the day of the occasion and collected by courier 7 days after the date of delivery. The reason for the 7 day period is to allow you sufficient time to arrange for the dress to be dry cleaned after wear and, in accepting these Terms, you acknowledge and agree that you may only wear the dress on one occasion within the standard hire period. If you wish to wear the dress for more than one occasion please see the "Extending the Hire Period" clause below.
EXTENDING THE HIRE PERIOD
If you wish to hire a dress for consecutive occasions please email us at customerservice@dresseduptothe9s.com with the details of the dress you wish to hire and the period for which you wish to hire the dress and we will contact you to confirm availability and price.
DELIVERY
When you hire a dress the dress will be delivered by courier in time for the start of the relevant hire period and at the end of the hire period the dress will be collected from you by a courier and returned to the dress-owner. The parties agree that the delivery and collection of the dress will be made on Working Days only. We will arrange for delivery and collection of the dress and you agree to pay the courier's charges.
We will contact you to confirm a delivery date and time for the dress and a collection date and time (usually 7 days after the delivery date and time but please see the "Extending the Hire Period" clause above). The delivery date may vary based upon: (a) availability; (b) your delivery address; (c) when you make a hire request; or (d) other circumstances impacting upon delivery. Delivery and collection times will be estimates only and time for delivery and collection will not be of the essence. We make no guarantees as to the actual delivery and collection times.
CHANGING THE ADDRESS FOR DELIVERY AND COLLECTION
We will arrange for your dress/ dresses to be delivered to and collected from the address given by you when you complete the online membership form (or such address subsequently given by you by editing your membership details).
If you would prefer for the dress to be delivered another address we will arrange for an alternative address to be used where you notify us of the alternative address no later than [2] full Working Days before the date arranged for delivery of the dress.
If you would prefer for the dress to be collected from another address we will arrange for an alternative address to be used where you notify us of the alternative address no later than [2] full Working Day before the date arranged for collection of the dress.
You should notify us of the alternative address/ addresses [by phoning us on 07540 565822 or by emailing us at customerservice@dresseduptothe9s.com].
DRY CLEANING
Where you hire a dress from a member of the Site you will be responsible for arranging (at your own cost) for the dress to be dry cleaned after you have worn it and ready for collection in a good and clean condition by the agreed collection date. You must ensure that the dress is cleaned in accordance with the dry cleaning instructions on its label by a reputable dry cleaner.
If, using your best endeavours, you are unable to arrange for the dress to be dry cleaned in time so that it is available for collection on the agreed collection date because the dress requires specialist Hydro Carbon cleaning we may, in certain circumstances, be prepared to waive all or some of the charges which would otherwise be payable by you upon late return of the dress (please see the "Late Return" clause below for further information).
DAMAGE
You agree to return the dress in the condition in which it is delivered to you. If you return a dress in a damaged or dirty condition that exceeds normal wear and tear, as determined by us in our sole discretion, you agree that we may charge your credit [or debit] card to collect either a reasonable repair or cleaning fee or, if the dress cannot reasonably be repaired or cleaned, [either] the reasonable replacement fee for the dress payment which is payable and charged to your credit or debit card. The repair fee, the cleaning fee, and the dress replacement fee may vary depending on the specifics of the dress and the extent of the damage or condition of the dress.
If the dress is damaged during the hire period please inform us as soon as possible by emailing us at customerservice@dresseduptothe9s.com.
BILLING
We must receive payment of the applicable fees (which will comprise the hire charge, courier charges together with any applicable taxes) in cleared funds before the dress will be collected from the dress-owner to be delivered to you.
When you hire a dress you will be required to provide us with accurate, complete and current credit [or debit] card information for a valid credit [or debit] card that you are authorised to use. By requesting a dress for hire, you authorise us or our agent, Secure Trading, to charge your credit [or debit] card for the applicable fees. The applicable fees will be charged to your credit [or debit] card on the date you make a hire request.
If we do not receive payment from your credit [or debit] card provider or if your credit [or debit] card expires or is rejected, you will not be able to use our service and our contract will be terminated immediately.
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, overdraft, insufficient funds, and over the credit limit fees.
CANCELLATION
You have the right to cancel a hire request at any time up to [3 full Working Days] before the date arranged for delivery of the dress to you. To exercise your right to cancel you must give notice to us as soon as possible (and no later than [3 full Working Days] before the date arranged for delivery of the dress) [by phoning us on 07540 565822 or by emailing us at customerservice@dresseduptothe9s.com. Where you cancel a hire request no later than [3 full Working Days] before the date arranged for delivery of the dress you will receive a full refund of the applicable fees [less any fees payable to our agent, Secure Trading].
RETURN WITHOUT CHARGE
If a dress you hire does not fit you then, provided you notify us within 4 hours of delivery of the dress [by phoning us on 07540 565822 or by emailing us at customerservice@dresseduptothe9s.com and you make the dress available for collection by our courier on the same day we will refund the hire charge in respect of the dress. You will still be required to pay the applicable courier charges for sameday collection [and any fees payable to our agent, Secure Trading].
LATE RETURN
If any dress you hire is not available for collection on the agreed collection date you authorise us or our agent to charge your credit [or debit] card at the pro-rata daily rate of the applicable hire charge for each day from the agreed collection day until the day on which the dress is collected by our courier to be delivered back to the dress-owner. You also authorise us or our agent to charge your credit [or debit] card for any additional courier charges charges incurred.
If the dress is not available for collection on the agreed collection date due to the fact that it requires specialist Hydro Carbon cleaning we may be prepared to waive all or some of the charges which would otherwise be payable by you upon late return of the dress provided you notify us as soon as possible by email at customerservice@dresseduptothe9s.com and you provide proof that the dress has been Hydro Carbon cleaned.
[If the dress cannot be collected on the agreed collection date because it has been lost during the hire period you authorise us or our agent to charge your credit [or debit] card for the reasonable replacement payment which is payable in respect of the dress
Effective [ ] May 2009
