Terms of Service
THE WARDROBE COLLECTIVE
These terms and conditions of use (“the Terms”) govern the provision of services supplied by The Wardrobe Collective (TWC) having its registered offices at 53 Adelaide Road, Glenageary, Dublin A96 T9K8 (“TWC”, “We”, “Us”, or “Our”) to any owner or borrower that chooses to engage with the services as defined herein.
By registering an account on the platform, you agree that you have read the within terms and conditions, acknowledged same and agree to be bound by same.
IMPORTANT – LIABILITY
These terms contain important information on TWC’s liability. Please read them carefully. Nothing in these terms limits any liability that cannot lawfully be limited including for death or personal injury caused by negligence or fraud.
INTERPRETATION AND DEFINITIONS
“ACCOUNTS” means the account registered on the platform by either a borrower or owner to allow them to engage on the platform and arrange the borrowing or lending of a Featured Item.
“AGREEMENT” means the contract between TWC and any owner or any borrower including these terms and/or any schedules or appendices expressly incorporated therein.
“BUSINESS DAY” a day (other than Saturday, Sunday or Public Holiday in Ireland) where banks in Dublin are open for normal banking business.
“BORROWER” an individual who has registered an account with TWC on the platform for the purpose of borrowing specified items of clothing, accessories, footwear, jewellery or other similar items as identified on the platform by TWC in TWC’s role as a conduit between a borrower and an owner. TWC hold out no warranties or representations in relation to the suitability, viability, accuracy, state or condition of the Featured Items as defined herein.
“FEATURED ITEMS” can include but not be limited to clothing, headwear, footwear, jewellery, accessories including handbags, throws, shawls, pashminas, and any other such fashion item as may be featured on the platform from time to time.
“OWNER” means the full and rightful owner, without encumbrance of any such Featured Item who have registered an account for the purposes of facilitating TWC to temporarily rent said Feature Items to a borrower.
“PLATFORM” means the website, including social media websites held by TWC upon which Feature Items can be identified and featured for the purposes of a borrower or owner borrowing or renting their Featured Items in accordance with these terms and conditions.
“PRICE” means the fees, charges and expenses paid by the parties to this agreement for the services.
“SERVICES” the connecting of a borrower and owner together on the platform and the facility for the owner to highlight and market their Feature Items so as to allow potential borrowers to borrow same for a price.
“USER PARTIES” means the borrower and the owner or both of them.
By entering into this agreement, you acknowledge and accept that TWC are a third-party conduit as between the borrower and owner and TWC hold out no assurance, warranty or guarantee in respect of the quality or suitability of the Featured Items.
TWC offers you the right to use the platform that enables users to publish, offer and search for Featured Items. When parties make or accept a booking, they are entering into a contract directly with each other. TWC is not, and does not, become a party to or other participant in any contractual relationships between users, nor does TWC act as an agent for any party.
TWC do not examine, identify or otherwise research the product and the services on the platform and is used merely to connect a borrower and owner in an arrangement that they see fit.
TWC do not endorse or guarantee the existence, quality, safety, suitability, or legality of any Featured Items and does not conduct verification, identity or background checks on any users.
TWC are not responsible for outages or disruptions of the internet and telecommunication infrastructure which are beyond our control and can lead to interruptions in the availability of the TWC Platform.
TWC has the right to record, review, monitor, disable access to, remove, or edit, messages or other content on listings made through the TWC platform to: (i) Ensure users compliance with this agreement, and address content which is not in compliance. (ii) Compliance with applicable law or the order/requirement of a court, law enforcement or other administrative agency or government body. (iii) Take action against for breaches of this agreement. Where content is removed or disabled, we will notify the user and provide reasons for the action, unless such notification would, (i) impede or prevent the detection or prevention of fraud or other illegal activities, or (ii) contravene applicable laws, or (iii) harm the legitimate interests of other users.
LIABILITY
TWC shall not be liable, whether in contract or tort, whatsoever for any loss, loss of profit, damage, injury, any loss that is a direct or indirect consequence of any act or omission by TWC or another user, or other costs caused to either a borrower or owner or a Featured Item, by entering into this agreement and/or engaging with the platform and/or utilising the Services.
TWC and the services act a conduit designed to connect borrowers and owners to each other. They have no partnership or further arrangement between the parties and any dispute, disagreement or other argument between the parties shall be a matter for each of the parties to settle amongst themselves.
The User Parties hereby agree to fully indemnify and hold harmless TWC, its servants, agents and assigns from any loss, damage or injury caused to them or their Featured Items as a result of using the platform, and to release, indemnify, and hold TWC harmless from and against any claims or liabilities arising out of, or in any way connected with a breach of these terms, or participation on the TWC Platform.
If any Featured Item is lost, damaged, stolen or destroyed it shall be responsibility of the user parties only to rectify these damages.
BORROWER RESPONSIBILITIES
By registering an account TWC offers you the right to utilise the TWC platform provided always that you abide by these terms of use. As a registered borrower you warrant and agree as follows:
Act with integrity and treat others with respect Do not lie, misrepresent yourself or others and shall continue to use the platform within the spirit of honesty and transparency. Do not attempt to evade enforcement of these Terms, such as by creating duplicate accounts or listings. Do not attempt to copy, replicate, scrape, reverse engineer, compromise or otherwise engage in any conduct which might impair the TWC Platform including but not limited to Using bots, phishers or other electronic means to access or collect data or other content from or otherwise interact with the TWC Platform. Only use the TWC Platform as authorised by these Terms or another agreement with us You may only use another User’s personal information as necessary to facilitate a transaction using the TWC Platform as authorized by these Terms. Do not use the TWC Platform, our messaging tools, or Users’ personal information to send commercial messages without their express consent. You may use Content made available through the TWC Platform solely as necessary to enable your use of the TWC Platform as a Guest or Host. Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us. Do not request, make or accept a booking or any payment outside of the TWC Platform to avoid paying fees, taxes or for any other reason. Do not require or encourage Guests to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by TWC. Do not engage in any practices that are intended to manipulate our search algorithm. Do not book Host Services unless you are actually using the Host Services. Do not use, copy, display, mirror or frame the TWC Platform, any Content, any TWC branding, or any page layout or design without our consent. Honour your legal obligations Understand and follow the laws that apply to you, including privacy, data protection, and export laws. Any breach of these Terms may result in the cancellation of your account. Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that is confusingly similar to any TWC trademarks, logos or branding.
Proper use of items You shall use the rented items solely in accordance with their intended use. You agree not to alter, modify or permanently change any item. Prohibited Activities You shall not: Sub-rent, lend or transfer the rented items to any third party. Not to use the items for unlawful purposes or in any manner that may cause harm to the items or others. Care and Maintenance You are responsible for taking reasonable care of the items during the rental period. You shall, as reasonably possible, avoid exposure to conditions that may cause damage, including but not limited to stains, burns, tears or water damage, however it is imperative that you do not clean the Featured Items as this is the responsibility of the Owner. You agree to follow any care instructions provided by the owner. Return of Items All items must be returned by the agreed-upon return date and in the same condition as received (subject to normal wear and tear). Ensure proper packaging for safe transportation and to maintain item condition. Late returns will incur additional fees. Damage, Loss, or Theft You accept full responsibility for any damage, loss, or theft of the rented items during the rental period If an item is damaged beyond normal wear and tear, lost, or stolen, you agree to compensate the owner for the replacement value. In the case of minor damage, cleaning or repair costs may be charged. Communication You must promptly report any damage or issues with the items to TWC without delay. You agree to respond to communications from TWC or the item owner regarding the borrowed item. Payment Obligations You agree to pay all rental fees, late return charges, and any additional fees (including damage or replacement fees). Assumption of Risk You acknowledge that you are borrowing the Featured Items, which may have signs of previous use, and agree to accept the items in “as-is” condition and as described on the listing.
OWNER RESPONSIBILITIES By listing items through the TWC Platform, you agree to: Ownership and Authenticity Confirm that you are the lawful owner of all items listed. Ensure that all items are authentic, not counterfeit, and do not infringe on any third-party rights. Condition and Quality Provide items that are clean, in a good condition, and safe for use. Clean Disclose any defects, damage or special care requirements to the borrower prior to sending the item. Accurate Representation Provide accurate descriptions and images of the items listed Use up-to-date photos Clearly state any restrictions on use or handling. Disclose any known risks (if applicable) associated with the item (e.g delicate fabrics, allergic materials). Availability and Delivery Ensure items are available and delivered to the borrower within the prescribed time-frame. To notify the Platform and remove an item if it becomes unavailable for any reason. Inspection Inspect returned items promptly and report and damage or issues within 24 hours of return. Prohibited Actions Do not list items that are illegal, hazardous, or violate TWCs policies. Do not attempt to bypass TWC’s platform for off-platform transactions. Delivery All items must be delivered within the prescribed time-frame. Late deliveries (except delays outside of the owners control) will result in a reduction in rental fee on a pro-rata basis for the. Ensure proper packaging for safe transportation and to maintain item condition.
PLATFORM DISCLAIMER TWC is a conduit platform connecting borrowers and owners. It does not own or control any of the Featured Items. TWC acts as a conduit only. TWC does not hold any payments or User funds. Any payments made on the platform are made using a third party provided (for the time being, Stripe) who shall hold the funds on behalf of the parties and which said funds shall be released to the Owner between 5-7 days after the rental period ends. TWC shall have no responsibility to any party hereunder in respect of any payments made. TWC is not liable for loss, theft, or damage to any of the Featured Items. Liability rests with the borrower and the owner as per these terms. All transactions are subject to applicable fees as published by TWC. TWC does not guarantee the quality, safety, legality or suitability of any items listed. All disputes are to be handled between the borrower and the owner. TWC will attempt to aid in facilitating resolution of disputes, and the Users acknowledge that TWC shall not be liable in any respect in relation to same. TWC reserves the right to suspend or terminate user accounts for violations of these terms The terms herein are governed by and construed in accordance with Irish law. The terms herein constitute the entire agreement between TWC and you, pertaining to your access to or use of the TWC Platform. If any provisions of these terms are held to be invalid or unenforceable, such provision will be struct and will not affect the validity and enforceability of the remaining provisions. TWCs failure to enforce any right or provision in these terms will not constitute a waiver of such right or terms unless acknowledged and agreed to by TWC in writing. TWC will provide notices or other communications in electronic format via email, or any other contact method TWC enables you to provide. Content made available through the TWC Platform may be protected by copyright, trademark or other applicable laws. You acknowledge that all intellectual property rights for that content are the exclusive property of TWC. You may not use, copy, adapt, modify, prepare derivative works of, distribute, licence, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any content accessed through the TWC Platform, save for the extent that you are the legal owner of the content. TWC grants you a limited, non-exclusive, non-transferable, non-sublicensable and irrevocable licence to access and view the content made available on or through the TWC Platform, solely for your personal and non-commercial use.