Terms and Conditions
The following Terms and Conditions (“Terms”) between you (“you” or “your”) and SARAH’S WARDROBE (Company Number 11470632) (“we,” “our,” “us,” or “SW”) describes the Terms and Conditions on which you may access and use the SARAH’S WARDROBE Website located at sarahswardrobe.co.uk (the “Website”) and related services including SW’s product rental and sale services (together with the Website, and the SW Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
- ABOUT THE SERVICES
Through the Services, SW aim to give you access to beautiful designer and vintage clothing and accessories, stylist advice and other content to help you decide which items are perfect for you.
2. RENTAL AND SALE OF PRODUCTS
a) General Conditions
The Services include the rental and sale of Products. Below are the Terms and Conditions that apply to your rental or purchase of any Product. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Products as described in these Terms.
You acknowledge and agree that we may place limits on the rental or purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
Your Products may be ordered and couriered to you in the evening of the same day for certain orders for delivery in London, subject to the additional delivery charge specified on the Website or You can order by 8am for delivery the following day, this may may change from time to time at SW’s discretion. The shipping method used will be at the discretion of SW
If you do not pay the amounts you owe to SW when due, then SW will need to institute collection procedures. You agree to pay SW’s costs of collection, including without limitation reasonable attorneys’ fees.
COMMUNICATIONS. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, at any of the telephone numbers provided by you.
The rental fee for the Product will be the total of the rental fee, insurance charges and delivery charges listed on the Website for your rental of the Product. When you place your rental order for a Product, you hereby authorize SW to charge your payment card for the Rental Fee. SW will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Website is an order for the rental of that Product, regardless of how far in advance that Product is reserved.
You may cancel your rental order subject to the following cancellation fees and policies:
iIf you cancel ten (10) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
iiIf you cancel between three (3) and ten (10) days in advance of the delivery date, there will be a £30 cancellantion fee, this will be subtracted off your refund, issued to the payment card or method you used for the order.
iii If you cancel less than three (3) days you will not receive any refund.
With delivery of the Product, SW will provide you with a pre-paid, pre-addressed mailing envelope (or similar method), as well as instructions for your use in returning the Products to SW.
RECEIPT OF THE PRODUCTS.
Upon delivery, you bear responsibility for the Product(s). If however, you opt to have the Products delivered in London by courier service, you agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that a Secure Shipping Address is highly recommended, where an individual can physically receive Products. In the event that an un-secure shipping address is provided, SW does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which SW will not be liable. You will be liable for all such delays and additional delivery fees.
USE OF THE PRODUCTS. You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
RETURN OF THE PRODUCTS; EXTENSIONS.
You agree to return the Products to SW in the Return Packaging on or before the return date for the Products that are identified in the online invoice for your order. You may extend your order by emailing firstname.lastname@example.org provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension.
You must return the Product by delivering the Product in the Return Packaging on or before the date that the Product is due. We are not responsible for any personal or other items left in the Products or which are returned to SW. If you believe you have accidentally or otherwise sent us any such items, please contact SW as soon as possible at email@example.com
If you return the Products late or not at all, a late fee of fifty pounds (£50.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to SW for every day that you are late returning the Products, and you agree to pay such late fees, up to the amount of the Retail Value.
The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within twenty (20) days after the return date for the Product, your late return will be considered a non-return and SW will charge your payment card the maximum late fee set forth in this Section 2 b), less any late fees that you have already paid.
PAYMENT OF 100% RENTAL VALUE
SW will not charge you for more than an amount equal to 100% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 2 b), excluding collection costs. If you pay SW an amount equal to 100% of the Retail Value under this Section 2 b) and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2 b).
LOST RETURN PACKAGING. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing SW with a tracking number. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2 b).
LIMITED WARRANTIES. The following are the limited warranties SW provides in connection with Product rentals. SW’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by SW. See Section 6 a) below.
Subject to availability, we will deliver the Products you ordered, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. Products may appear different in color and style than as displayed on the Website
•CLEAN AND READY TO WEAR. The Products will be professionally cleaned and delivered ready to wear. SW dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and SW shall not be held liable for any health-related complaints associated with any Product.
•SIZING RETURNS. It is your responsibilty to read the measurements of the Product and check that the sizing fits you. We have taken care in the preparation of the content of this website, in particular to ensure that products have been described accurately. Dimensions given about the goods are approximate only.
The following additional conditions apply to the sale of any Product.
PRODUCTS ARE USED; ALL SALES ARE FINAL AND “AS IS.” You acknowledge and agree that only those Products designated by us on the Site as available for purchase are eligible for purchase by you. THE PRODUCTS FOR SALE HAVE BEEN PREVIOUSLY RENTED BY OTHER CUSTOMERS AND ARE NOT NEW. SW will professionally clean and inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.
PURCHASE PRICE. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Website in connection with your purchase of the Products. Purchase Price is as stated by SW via email at the time of purchase, and is subject to change. SW reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize SW to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by SW, shall be paid by you to SW in connection with your purchase order. Purchase orders are final and cannot be cancelled.
3. USE OF THE SERVICES
a) SW Content
CONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from SW (“SW Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The SW Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any SW Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the SW Content.
UPDATES We may update the SW Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to firstname.lastname@example.org We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
b) Third Party Content
LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-SW websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and SW is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from SW, and SW has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that SW endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
c) Acceptable Use Policy
USE OF SW CONTENT. No part of the Services, including the SW Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that SW authorizes you to view, copy, download, and print SW Content (such as press releases) that is available on the Website, provided that: a) you use the SW Content solely for your personal, noncommercial, informational purposes; b) you do not modify the SW Content
USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which SW considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a SW representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend SW and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
4. INTELLECTUAL PROPERTY
a) Services License
Subject to your compliance with these Terms, SW grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that SW may use your Feedback without restriction or obligation to you or any third party.
c) Notice and Take Down Procedures; Copyright Agent
If you believe any SW Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting email@example.com and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
a) Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at firstname.lastname@example.org You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
b) Termination By SW
Any violation of these Terms, including any of the prohibitions in Section 4c), may result in suspension or termination of your access to the Services and/or removal of Your Content. SW may also terminate your account if SW determines that your conduct poses a risk or liability to SW, or for any other reason as determined by SW in its sole discretion.
c) Effects of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2a) (Collections), 2b) (Rental Fee, Late Fees, Lost Return Packaging), 2c), 3a) (Failure to Pay Fees), including the mandatory arbitration and class-action waiver provisions.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
a) Limited Warranties
The limited warranties set out in Section 2 b) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by SW in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms. Your sole and exclusive remedy and SW’s sole and exclusive liability for a breach by SW of the limited warranties set out in Section 2 b) shall be, at SW’s option.
b) Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SW BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF SW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 6a) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION DOES NOT APPLY TO TRANSACTIONS WHERE OTHERWISE PROHIBITED BY LAW.
The website and its content is copyright of SW Ltd rights reserved.
All trademarks, logos, images, product and company names displayed or referred to on this Website are the property of their respective owners. nothing on this website grants you any licence or right to use, alter or remove such material.
SW website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.