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Dressed up to the 9's Ltd
Terms of Service for Dress-Owners
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-Owners") apply to the service and are in addition to the Terms of Use.
THE DRESSED UP TO THE 9's SERVICE
Our service allows owners of designer dresses to provide their dresses for hire via the Site in accordance with the Terms. The dress-owners can place details of their designer dresses on the Site and offer them for hire by other Site members.
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 list your dress/ dresses on the Site as being available for hire by 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 upload details of your dress/ dresses for hire. To do this click on the link to upload a dress for hire and follow the instructions, upload pictures, measurements and details and then click the submit button. We will then send you an email confirming the hire details in connection with the dress/ dresses including details of the dress/ dresses and of the hire charge payable by Site members who request to hire the dress/ dresses for one occasion. Your acceptance of that email 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-Owner Dispatch Confirmation"). The contract between us will only be formed when we send you the Dress-Owner Dispatch Confirmation. The details you have provided us in relation to the dress/ dresses will then be uploaded onto the Site for hire.
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 form/ forms on which you include details of your dress/ dresses before submitting the forms].
CONSUMER RIGHTS
If you are contracting as a consumer, you may cancel the 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 collection date for the dress with us. If you agree a collection 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 Ltd, 12 Milton Road, Broughton, Milton Keynes, MK10 9LL] marked for the attention of [Director];
DRESS DETAILS
Where you submit details of a dress to us to be listed for hire on the Site you warrant that those details are true and accurate and fairly presented and that nothing has been omitted which renders such information misleading or incomplete. In particular, you warrant that the dress is an authentic designer dress and that its condition is "as new". You agree to indemnify and hold us harmless form any and all claims, losses, damages, liabilities, costs and expenses which arise out of, are connected with or directly relate to any breach of this clause by you.
HIRE DETAILS
You can specify when you wish to hire out your dress/dresses and can also specify how many times you wish to hire the dress/dresses out. The frequency and hire times may be changed at any time by notifying us by email at customerservice@dresseduptothe9s.com. You agree to honour any hire requests received by us prior to notification and to indemnify us where you fail to do so.
NOTIFICATION OF HIRE
You will be notified [by email] when a hire request relating to your dress/dresses has been made. The notification will detail the dates the hire is requested for and the details of collection and return by courier.
HIRE PAYMENT
You agree that, in consideration of us providing the service, we will be entitled to deduct a fee of 15% of the hire charge charged to dress-hirers when they hire your dress / dresses. The balance of the hire charge/ hire charges will be paid to you by cheque. We will post cheques to you within 5 Working Days of the last Working Day of the calendar month in which the dress/ dresses have been hired.
Where the parties agree and where you provide details of your bank account, the payment of the balance of the hire charge (the hire charge less our 15% fee) may be paid to you by bank transfer.
You are solely responsible for any and all fees charged by the bank or other financial institution for the banking or cashing in of the cheque and/ or arising in connection with any bank transfer.
COLLECTION AND RETURN
Your dress/ dresses will be collected by a courier and delivered to the relevant dress-hirer/ dress-hirers in time for the start of the relevant hire period/ hire periods. At the end of the hire period your dress/ dresses will be collected from the dress-hirer/ dress-hirers by a courier and returned to you. The parties agree that the collection and return delivery of your dress/ dresses will be made on Working Days only. We will arrange for collection and return delivery of your dress/ dresses and the dress-hirer/ dress-hirers will be responsible for paying the courier's charges.
We will contact you to confirm a collection date and time for your dress/ dresses and also a return delivery date and time (which will be approximately 7 days after collection where the dress is hired for the standard hire period). The return delivery date may vary based upon: (a) the hire period; (b) your collection and delivery address; and (c) whether the dress/ dresses require extra cleaning/ repair after being worn by the dress-hirer/ dress-hirers. Collection and return delivery times will be estimates only and time for collection and delivery will not be of the essence. We make no guarantees as to the actual collection and return delivery times.
CHANGING THE ADDRESS FOR COLLECTION AND RETURN
We will arrange for your dress/ dresses to be collected from and returned to 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 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 Days before the date arranged for collection of the dress.
If you would prefer for the dress to be returned to 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 return 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].
CANCELLATION BY DRESS-HIRERS
You acknowledge that dress-hirers have the right to cancel a hire request in respect of your dress/ dresses at any time up to [1 full Working Day] prior to the date arranged for collection of the dress/ dresses from you without charge and that, where they do so, you will not be entitled to receive payment of the hire charge or any part of the hire charge.
Effective [ ] May 2009
