Terms of Service
Please read these Terms & Conditions carefully before electing to use Shared Wardrobe. By renting any garment from this site, you agree to be bound by these Terms & Conditions. If you do not agree to Shared Wardrobe Terms of the agreement, then you may not use the service. This agreement sets forth the legally binding terms and conditions for your use of the website at sharedwardrobe.co.nz (“website”), mobile applications, and services provided by Shared Wardrobe (collectively, “services”).
This Agreement is effective on 1 March 2021, for current members and upon acceptance by new members. Up until this date the Terms and Conditions are per the link. The Agreement is between you and Shared Wardrobe. Any member found to have violated this Agreement (or any other policies that have been published to the Website) may be banned from using our website or services. Any action taken at the sole discretion of Shared Wardrobe.
Alterations to the Agreement and Additional Terms
We reserve the right to change the Agreement from time to time, with or without notice to you and at our sole discretion. Your continued use of the Website or any Services implies the acceptance of these changes or amendments. It is up to you as member to review this Agreement when using the Website or our Services.
- Rental period shall commence from when the User/Requestor (or a third party nominated by the User/Requestor) signs the Courier’s signature delivery receipt. This period continues until the Apparel is handed over for return to a Courier, or dropped back to an NZ Post Office or drop-off location.
- The Product is, and will, at all times remain the absolute property of Shared Wardrobe or the original Poster, except in the circumstances as detailed in section 7.
- Shared Wardrobe offers “Rip & Stain Protection” for the buyer to the value of two hundred and fifty dollars ($250) to cover minor damage or staining. This protection is available on every garment that is rented on our website. For minor damage and/or staining which is assessed (at its sole discretion by Shared Wardrobe) that the cost of repair will be over two hundred and fifty dollars ($250), then the User/Requestor will be required to pay the difference (e.g. if the repair cost is three hundred dollars ($300), then Shared Wardrobe will require the User/Requestor to pay fifty dollars ($50).
- “Rip & Stain Protection” is a compulsory charge of $5 to the buyer which comes directly to Shared Wardrobe to protect renters up to the value of $250 for minor rips and stains, if the garment is RRP under $250 it will be a full replacement to the vendor. The damaged dress then becomes property of Shared Wardrobe.
- Where Apparel has not been returned to Shared Wardrobe by the Rental Return Due Date then Shared Wardrobe shall be entitled to charge additional rental fees until the Apparel is returned to Shared Wardrobe. The User/Requestor expressly authorizes Shared Wardrobe to deduct such additional rental fees from the User/Requestor’s payment method, which was provided at the time of the User/Requestor’s order. Such additional charges shall be charged at a rate of $25 for each day overdue.
- Where the apparel has not been returned to any Vendor on the Shared Wardrobe website, Shared Wardrobe will intervene and attempt to recover the dress. The only coverage to non-return of dresses is if vendor elects the no stress plan which covers buyer up to $400.
- When counting overdue days Shared Wardrobe shall not count either weekends or Public Holidays when Post Office or Courier Drop-off locations are likely closed.
- Where damage occurs and it is deemed this is non repairable, renters will be liable for the full cost of the garment and any cancellation or penalties occurred in this time. Renters have the option of additionally buying the garment on top of the replacement cost.
- Where damage occurs and it is deemed non repairable, renters are not able to keep the garment under any circumstance.
- If the User/Requestor has not returned the rental item(s) within 15 days after the return date, Shared Wardrobe will consider the rental item(s) as a “non-return” and will charge the User/Requestor’s credit card 150% of the recommended retail value, taking into account any late fees already paid.
- If the User/Requester pays Shared Wardrobe an amount equal to 150% of the recommended retail price in late fees and the User/Requestor still has the item(s) in their possession, the item(s) is deemed property of the User/Requestor’s and return to Shared Wardrobe is not necessary.
- If a Shared Wardrobe Product gets stolen, lost, or damaged beyond repair, whether or not such theft, loss or damage is the result of negligence, failure, or omission of the User/Requestor then the User/Requestor will be liable to pay for replacement of the item. The same applies for vendors on the shared wardrobe platform and shared wardrobe will try to intervene.
- To ensure the safety of Products, Shared Wardrobe automatically instructs all outbound courier deliveries to be “Signature Required”. If the User/Requester chooses to override these courier instructions (for example, initiating an “Authority to Leave” with the applicable courier company) then the rental period is deemed to have started as per when the tracking has indicated the Product as “delivered” and the Product is deemed to be in the care of the User/Requester and is subject to section 8.
- In determining the value of replacement, Shared Wardrobe will take into account the condition of the dress, the demand of that dress in the current market, the availability to purchase that dress in the market, and any rental fees or late fees that the User/Requestor has already paid. This applies to all dresses that are under Shared Wardrobe consignment, Vendors dresses who are on No Stress plans and items owned by Shared Wardrobe.
- Shared Wardrobe reserves the right to request proof of identity for orders it deems high value (to prevent the potential use of fraudulent credit cards or other payment types). Orders containing three or more dresses may potentially be subject to this request. If Shared Wardrobe cannot confirm the authenticity of the request, the order may be cancelled at Shared Wardrobe’s discretion based on internal verification methods. Shared Wardrobe agrees to notify the customer via email regarding a rejected rental request.
- If any outstanding amounts owed to Shared Wardrobe are not paid when due, then Shared Wardrobe will need to initiate third party collection procedures via a collection agency as nominated at Shared Wardrobe’s discretion. You agree to pay Shared Wardrobe’s costs of collection (including but not limited to internal administration fees, legal costs, collection agency costs, and bank fees). This applies to all dresses that are under Shared Wardrobe consignment, Vendors dresses who are on No Stress plans and items owned by Shared Wardrobe.
- The User/Requester shall inspect the Product upon delivery and shall, within four (4) hours of receipt of the Product notify Shared Wardrobe (by phone or email) of any alleged discrepancy in quantity, quality, Product style, damage or failure to provide the item as consistent with what was ordered.
- If the User/Requestor wishes to cancel an order, a cancellation request must be submitted as soon as possible. To view our Cancellation Policy, please head to our cancellation tab.
- By using the Services, you agree to indemnify, hold harmless and defend Shared Wardrobe and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defence, 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.
- If you order a Rental product, you may also order a “Backup Style” (for a reduced rate) from what is available from the range of backup options presented. (eligible for shared wardrobe products and shared wardrobe products only. The backup options are for the same time period that you order the first Product and must be returned together with the Primary Product with which it was ordered. These Terms apply to any Backup Products just as to any other Product. We may discontinue or limit the availability of Backup Products at any time. If both the Primary and Backups are worn, or the tag is removed, the Renter will be liable to pay for both items at the full rental price, less the initial backup fee.
- Vendors on the Shared Wardrobe Platform are bound to ensure that items arrive to the renter on time. The date that is specified for the rental date is the date that the renter is requesting, all dresses must arrive before this time or the renter may request a full refund.
- Vendors on Shared Wardrobe agree not to share external links or attempt to rent their dresses on our platform privately or on any other rental site. (Items are allowed to be listed in more place than one so long as the seller is not trying to facilitate sales off the site.
- Seller insurance is only valid for the “No Stress” Plan we offer for $35 a month, this covers the seller for up to $499 of damage or non-return. If the item is fully written off and the price of the full RRP is given to the seller, the dress becomes property of Shared Wardrobe.
- All damage is assessed by Shared Wardrobe before a insurance claim is paid out.
- The compulsory $5 charge with every rental covers the buyer and seller for damage of up to $250.
For each successful rental of your item we will cover any repairable damage up to the value of $250 under the renters insurance and up to $500 on the vendors insurance if they subscribe to the no stress plan.
The cover of $250 paid by the renter is only valid for minor damage and repairs, theft and missing items are not covered under this insurance.
All Shared rentals and shared rental consignment dresses are covered by the no stress insurance which covers up to $500 of repairs or damage.
No insurance covers lost, stolen items for the renter or those on the basic subscription.
Shared Wardrobe is a Multivendor Platform
Shared Wardrobe is an online multivendor marketplace that allows members (who comply with all Shared Wardrobe’s policies) to rent or lend certain fashion-related goods within a fixed-price format. Vendors also have the ability to accept or decline offers from any members at their discretion for a negotiated price.
Shared Wardrobe is not in any way directly involved in the transaction between a Buyer or Seller, unless you purchase from via our consignment service or those on the no stress plan, which is managed by Shared Wardrobe.
Outside of consignment and no stress plans, Shared Wardrobe has no control over the quality, morality, legality or safety of any aspect of any item listed, as well as no control over the accuracy or truth of any listings or information provided by the Seller, or the ability of Sellers to sell items, or the ability of Buyers to pay for items. Shared Wardrobe does not pre-screen members or the content or any of the information provided by members. Shared Wardrobe cannot ensure that a Buyer or Seller will actually complete a transaction.
Shared Wardrobe does not guarantee the true identity, age, nationality, or other features shown in a member’s profile. Shared Wardrobe recommends you to communicate directly with any member you are potentially creating a transaction with through the messaging feature on the Website or mobile application.
As a member, you agree that Shared Wardrobe is a marketplace and because of this is not responsible or liable for any content, including (but not limited to) text, data, information, names of members, images, graphics, photos or photographs, profiles or profile information, video, audio, items, and links or hyperlinks posted by you, other members, or outside parties on Shared Wardrobe. You use all our Services at your own risk.
- Membership Eligibility
At our sole discretion, Shared Wardrobe may refuse access to use of any of our Services to any person, or entity, and Shared Wardrobe reserves the right to alter its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Shared Wardrobe reserves the right to request for proof of address, age or identity from any or all users on the platform at any time of the membership. If this is not provided on request, Shared Wardrobe reserves the right to cancel membership.
Our Services may only be used by members who are 16 years and older, and who are able to form legally binding contracts under applicable law. If you are using our Services, registering with our Website, or creating an account in order to use the Services we provide, you represent and warrant that: (a) you are at least 16 years old, (b) you are located and reside in New Zealand; (c) all registration information you submit is truthful and accurate; and (d) if you are a legal or business entity, you are authorized to bind that entity to the Agreement.
Individuals under the age of 16 must at all times use our Services under the supervision of a parent or legal guardian who is at least 18 years of age. In any case, the adult is the member and is responsible for any and all activities of any minors.
Booking Cut offs + Delivery
- Our booking cut off day for weekends is Tuesday 3pm, any bookings after this is subject to your own risk.
- Even though we use overnight courier on all parcels, delays do happen from time to time with NZ post.
- Any bookings for postal after Tuesday 3pm are not guaranteed and we take no responsibility for late delivery.
- No refunds or credits will be given for any items that arrive late if our cut off time is missed.
You agree that you will comply with all local laws regarding acceptable online coduct and content. You are solely responsible for any applicable taxes that may apply by using our services. In addition, you must abide by these policies as stated in the Agreement and any other policy documents available via hyperlink in this Agreement (as applicable to the activities you conduct by using any of our Services) as well as any and all other operating rules, policies, and procedures that may be published by us from time to time, on our Website, each of which is incorporated herein by reference. You agree that Shared Wardrobe has the right to update these policies from time to time, without notice to you.
Additionally, some Services offered by Shared Wardrobe may be subject to additional conditions and terms published by Shared Wardrobe from time to time; your use of these additional Services is subject to your agreeance of those additional terms and conditions, which are incorporated into this Agreement by this reference.
Competitions on our site, store and social accounts.
Shared Wardrobe has the right to set out the terms of entry for our competitions and the right to include any terms at the time of our giveaway starting.
All competitions are run fair and drawn at random with an online generator with information being stored by us.
Shared Wardrobe has the right to save any and all entries and information provided by anyone who has entered and participated in our giveaways.
Shared Wardrobe has the right to terminate the giveaway if it has been found that the winner has not acted in good faith and has cheated or entered under false pretences.
Shared Wardrobe reserves the right to withdraw the prize if the winner has been found to act within bad faith or entered in false pretences.
Participants entering our giveaways agree to act within good faith and enter with no malice or intent to cheat the system.
Account Information and Password
You agree and acknowledge that you are completely responsible for any and all activity, liability, and/or damage which has resulted from your failure to securely maintain your Shared Wardrobe account information and/or password. You additionally agree and acknowledge that you will securely protect your account information and password and make sure that this information is accurate. You bear full responsibility for any and all activities that are conducted via your account. You acknowledge and agree that you have the responsibility to pay and comply with all applicable taxes and laws for any transactions that have resulted from your use of our Services.
Your Shared Wardrobe membership is authenticated by your account information, particularly your email address and password. Shared Wardrobe has the right to act on any transactional instructions received from your account information, regardless of whether it is being used with authorization from you. You agree to immediately notify Shared Wardrobe of any use of your password or access to your account, or any security breach that is unauthorized. You agree that Shared Wardrobe cannot, and will not, be responsible or liable for any damage or loss that has arisen from a failure on your part to keep your password secure from unauthorized access. As a member, you agree that you will not provide your any login and/or password information in combination to any other party or recipient other than Shared Wardrobe, without Shared Wardrobe’s explicit written permission.
We communicate some vital information via email and phone ONLY. You are responsible for keeping your account information accurate and up-to-date at all times, including a valid and active email address as well as contact number. It is your responsibility to routinely check your inbox for communication from us.
In order to sell items on Shared Wardrobe and withdraw funds from your stripe, you must provide and maintain valid bank account information. All payments are managed by “Stripe” and their terms of service also apply.
You agree that you will not transfer, rent, sell, assign, sublicense, or any way allow another member, party or recipient access or use to your Shared Wardrobe account. You are solely responsible for any and all activity of the member account. You personally guarantee that if you are registering a business, you have authority to bind the entity to this Agreement.
Right to Refuse Service
Our Services are not available to either temporarily or indefinitely suspended Shared Wardrobe members. Shared Wardrobe reserves the right, at its sole discretion, to cancel unconfirmed or inactive memberships. Shared Wardrobe also reserves the right to refuse service to anyone, for any reason, at any time.
Our current fee structure is as follows:
Rip and Stain Insurance: this is a compulsory payment on every single rental on the Shared Wardrobe website at the cost of $5 per rental. This payment covers the renter for up to $250 worth of damage but does not cover loss. Costs that exceed the total of $250 will be up to the renter to cover if the vendor does not have the “no stress plan”
No Stress Insurance: This is an elective insurance for the vendor which covers the vendor for damage up to $500 on top of the renters insurance of $250. If the dress is fully written off and the full RRP is to be paid, the dress becomes property of Shared Wardrobe. In the event of the item going missing or being stolen, this insurance covers up to $500 of Loss.
All cancellations relating to covid will be credited to a store voucher or can be switched to a later date. We do not offer refunds for cancelled bookings.
Cancellations due to change of mind will not be accepted for a refund, we are happy to offer a swap in product or a store credit.
Rental Platform Fee (Vendor): For every successful rental the vendor is charged 10% total of the total transaction which includes the compulsory 4% stripe card fee.
Withdraw / Transfer of Balance: Every payout given to the vendor is free of charge for those who have taken the “no stress” plan or 25 cent per transaction on the free / basic membership.
Consignment: Our rates for consignment are subject to the contract presented at the time of transaction.
- No refunds will be given for change of mind or due to sizing issues.
- If you do have a sizing issue, at Shared Wardrobes discretion we can choose to swap garments.
- In the event of another covid lockdown, any existing bookings will be able to be credited to a store voucher or a change of date will be made.
- There will be no refunds made due to covid lockdowns or cancellations.
- Listing and Renting
You may list and rent new and gently used (“pre-loved”) women’s designer fashion and accessories (such as clothing, handbags, shoes and jewellery) on the Website or on our mobile applications. Any listings that are created must be a designer brand or a high street brand.
You are not entitled to list or rent designer replicas or derivatives – including (but not limited to) items that are in any way counterfeit, inauthentic, or not manufactured for retail sale by the designer whose name, trademark, logo or design is represented in or on the item.
By listing an item for rent on Shared Wardrobe, you warrant and represent that (a) you and all aspects of the item being listed complies with the Agreement; (b) you have the full legal right to rent the item; (c) the depiction and description of the item, including any damage, is truthful, complete and accurate; and (d) the item is listed in the appropriate applicable category. Your listings may only include text descriptions, photos, images, graphics and other content relevant to the sale of that item only. All items must be listed in an appropriate category with relevant tags. Every individual item must have its unique listing. You agree that any listing you create can be subject to review by Shared Wardrobe at any time, and that Shared Wardrobe reserves the right to remove any listings that we do not believe fits within our criteria, at our sole discretion.
Binding Rental Agreement
All rentals made on Shared Wardrobe are binding. Vendors are responsible for listing their items accurately, and the renter is responsible for reading the item description in its entirety before making a purchase. Vendors are obligated to ship orders to complete the transaction with renter and ensure that the item arrives 1 – 2 days before the requested date, unless there is an exceptional circumstance that prevents this.
The renter is obligated to pay for the purchases in full, unless there is an exceptional circumstance that prevents this. Please review cancelation policy before making transaction.
If a rental transaction is not completed, your account and any of your live listings may be suspended or removed from Shared Wardrobe at our sole discretion. You may request that your account and listings be re-activated, which Shared Wardrobe may also do at its sole discretion.
The price that you state in each item listing description must be an accurate representation of the sale. As a Vendor, you may not change the item’s price after a rental agreement / payment has been completed for the purpose of avoiding Shared Wardrobe success fees. You must also not misrepresent the item’s location, or use another member’s account without expressly written permission.
Any offer to rent outside of the Website or mobile App carries the potential risk of fraud for both the Buyer and Seller, and as such are strictly not protected by Shared Purchase Protection, Insurance policies, the Agreement, or any other Buyer/Seller protection programmes. Additionally, these offers may be an attempt at avoiding Shared Wardrobe success fees. This is unfair to other members on Shared Wardrobe that are selling and violates the Agreement and will result in account cancellation/termination. You must not exchange personal information or engage in transactional activity with another member in any manner to avoid the success fee or the Shared Wardrobe Checkout process. You may not alter the price of any item or fees owed to Shared Wardrobe when Website or Services we offer.
- All Shared Wardrobe and Consignment dresses come with a free return bag and label to return the dresses which is included in your shipping fees.
- Dresses listed by our vendors – It is to the responsibility of the person renting the dress to return the dress on an overnight courier at their cost. If they require assistance to this Shared Wardrobe can arrange this for them at $5 shipping cost.
Upon completion of or acceptance of a rental request:
Vendors will have access to the Renters full physical address. As a Vendor, you are strictly prohibited from using this personally identifiable information for any purpose other than completing the transaction.
Lenders and Borrowers will have cell phone number access for emergency contact reasons only. Lenders are strictly prohibited from using this personally identifiable information for any purpose other than completing the rental.
This rule commences operation from 01 April 2021 and at commencement will affect those accounts that have been inactive for at least 8 months.
If you do not access Your Account for a consecutive period of 8 months months, your account will be deemed ‘Inactive’.
Once your account has been deemed Inactive, if you have a positive balance, We will be entitled to charge You an administrative fee (the ‘Inactive Account Fee’). We may deduct up to $7.50 as an Inactive Account Fee from Your Account Balance (your ‘stripe Wallet’) on the day that your account is deemed Inactive and then every one (1) month thereafter. If Your Account Balance is zero (or becomes zero) We will not charge any further Inactive Account Fees.
Safe Renting Agreement
In order to get paid for completed sales, Sellers may be required at Shared Wardrobe’s discretion to complete our Safe Seller Programme, in order to verify your identity and for Shared Wardrobe to maintain a safe place to rent and lend. At any time, Shared Wardrobe reserves the right to require a Seller to re-verify their identify.
Shared Wardrobe, at its sole discretion, may place a hold on any or all earnings based on certain factors. This may include, but is not limited to, the rental of an expensive item (e.g. more than $300 in value), designer brand item, for up to four days after the delivery date to ensure the Buyer’s satisfaction and to protect the Buyer from sales of replica items or any other misrepresentations by the Seller (including, but not limited to condition/size/color, and style as communicated in the item description and photos on the listing on our Website). The Seller’s earnings will be released after the holding period if Shared Wardrobe is not alerted of any issues with the purchased item.
You agree that if you are renting your item via different venues or websites, in the event of a successful rental of your item on both Shared Wardrobe and another venue simultaneously shall result in priority given to the Buyer who purchased the item via Shared Wardrobe.
Linking to competitors
You agree to not refer members to any competitors (e.g. other marketplaces) of Shared Wardrobe in any way – including, but not limited to publishing hyperlinks via a listed item/direct messaging or through any other channel on Shared Wardrobe.
When renting an item, you agree that you are responsible for reading the item listing description in entirety before committing to rent, You also agree that you are entering into a legally binding contract with the Seller to purchase their items when you commit to purchase the item. Furthermore, you agree that Shared Wardrobe is not a party to the contract, and does not transfer legal ownership of the item from Seller to you.
Banks and other debit/credit card issuers (known as “Issuers”), typically offer a dispute process service for credit card or debit card payments known as a “chargeback” process. If an Issuer determines that a transaction should be refunded (a successful “Chargeback”) Shared Wardrobe will usually give effect to the Chargeback by debiting the seller’s Shared Wardrobe Cash balance (which may result in the seller’s Shared wardrobe Cash balance going into negatives). The decision to debit the seller’s Shared Wardrobe Cash balance for a Chargeback is at Shared Wardrobe’s sole discretion
If Shared Wardrobe gives effect to a Chargeback or makes a Reversal, the seller agrees to indemnify Shared Wardrobe against any and all costs that are incurred as the result of the Chargeback or Reversal (including in relation to a buyer’s successful Rental Protection application). The seller authorises Shared Wardrobe to debit the seller’s Shared wardrobe Cash balance the amount of any such costs. If, in respect of any Reversal or Chargeback, Shared Wardrobe is unable to debit the seller’s Shared wardrobe Cash balance (or the vendor fails to pay any amount owing to Shared Wardrobe), this will create a debt between Shared Wardrobe and the seller, and Shared Wardrobe may refer the matter to a debt collector in accordance with clause.
If a buyer has received a Chargeback, Shared Wardrobe will not allow the buyer to receive the benefit of Purchase Protection in respect of the transaction that involved the chargeback.
The seller agrees to do all reasonable things as requested by Shared Wardrobe or any Issuer (which may include providing additional evidence, or more information such as (without limitation), proof of postage) to aid the investigation by Shared Wardrobe, Shared Wardrobe’s Acquirer or an Issuer of a Reversal or Chargeback, or any other buyer complaint or query.
Our iPhone App (Apple®)
If you choose to use our App on an iOS device, you acknowledge and agree that these Terms are between you and Shared Wardrobe only, not with Apple, and Apple is therefore not responsible for the Service and the content. Apple does not have any obligation to furnish any maintenance and support services with respect to the Service.
Member Submitted Content
You may submit items (including artwork, images, text, graphics, logos, and similar items) in connection with the Website, mobile App or Services.
Shared Wardrobe does not claim any ownership right of member Submissions. You grant Shared Wardrobe a sole licence that enables Shared Wardrobe to use any information or member Submissions you supply Shared Wardrobe with, so that Shared Wardrobe is not violating any rights you might have in that member Submission. You grant Shared Wardrobe a worldwide, non-exclusive, perpetual, royalty-free, fully paid-up license to use, reproduce, reformat, create derivative works of, distribute, excerpt, perform, and display the member Submission (in whole or in part) and to incorporate the member Submission in other works in any form, media, or technology now known or later developed (a) on the Website (including any mobile version of the Website); (b) on any application designed or developed to allow others to view your member Submission; (c) in materials created to promote the Website and any of its contents, and (d) in connection with online and offline events conducted in connection with the Website.
You warrant and represent that the member Submission (a) is your own original work and you own all rights in the member Submission, or that you have all rights in the member Submission needed to grant the license to the member Submission contained in this Agreement; (b) will not violate any third party rights, including any third party privacy rights, intellectual property rights, moral rights, or other proprietary rights; (c) does not violate any regulation or law; and (d) does not contain any virus or other malicious software, including any software which could interfere with the performance of the Website or collect member data from other members of Shared Wardrobe.
Re-Posting member Submissions
By posting member Submissions on Shared Wardrobe, it is possible that another outside website or a third party to re-post your member Submissions. You agree that you hold Shared Wardrobe harmless for any dispute that concerns this use. If you choose to display your own Shared Wardrobe-hosted image on another website, the image must provide a link back to the active listing on Shared Wardrobe.
Ideas & Feedback
Shared Wardrobe considers any unsolicited ideas, proposals, suggestions, feedback, or any other materials submitted to the Company via the Website or Mobile App or Services to be both non-confidential and non-proprietary. You acknowledge and agree that any comments, questions, suggestions, ideas, feedback, business models or plans, or other information about the Website or Services provided by you to Shared Wardrobe are non-confidential. Any communication by you to Shared Wardrobe is subject to this Agreement, and Shared Wardrobe is entitled to the unrestricted use and dissemination of the Ideas & Feedback for any purpose without acknowledgment or compensation to you. You agree that Shared Wardrobe is not liable for the disclosure or use of any Ideas & Feedback. You hereby acknowledge and grant Shared Wardrobe, under all of your rights in the Ideas & Feedback, a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to publish, incorporate, use and exploit such Ideas & Feedback for any purpose Shared Wardrobe chooses, commercial or otherwise, including (but not limited to) incorporating it in new services or future products, documentation, or any other method, without any notice or compensation to you and without further recourse by you.
Prohibited and Restricted Items and Activities
You are solely responsible for your conduct and any activities on the Website, including any interactions with Shared Wardrobe or its Services, and all member Submissions that you submit, post, and display on the Webs
Without notice, Shared Wardrobe reserves the right to block access to, remove, or otherwise make unavailable any member Submission or other content that is (a) in violation of any part of this Agreement; (b) the subject of a court order or request from a governmental agency or law enforcement; or (c) otherwise unlawful, unethical, immoral, or improper for the Shared Wardrobe community, as determined by Shared Wardrobe in its sole discretion. Further, we may block members that violated the Agreement repeatedly, or have engaged in other behaviour which Shared Wardrobe deems necessary for removal of the member Submission.
Member Submissions and your use of Shared Wardrobe shall not:
be in any way false, inaccurate, or misleading;
misrepresent your identity or an affiliation you have with any other person or entity;
be fraudulent or involve the sale of replica, illegal, or stolen items; infringe upon any third-party’s rights, including any third party copyright, trademark, patent, trade secret or other proprietary or intellectual property rights, privacy rights, moral rights or any other proprietary rights; sell or list any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including but not limited to replica, counterfeit, or stolen items; child pornography; obscene materials; drugs; trade secrets; or items that have been identified by any New Zealand authority as hazardous to consumers and therefore subject to recall; arrange the swap or trade of items with other members on Shared Wardrobe promote or otherwise advertise any other goods, services or hyperlinks to any other businesses, other than the member Submission that is for rent or for sale via the Website or Services; violate this Agreement or any site policy, community guidelines, or any applicable law, ordinance, statute, or regulation (including, but not limited to, those governing consumer protection, anti-discrimination, unfair competition or false advertising); harass, stalk, annoy, harm, threaten, or otherwise engage in any sort of abusive behaviour towards other members, including contacting, advertising or soliciting to any other member without prior explicit written consent from Shared Wardrobe, or using an automated system to send messages or comments or to other members; intimidate or impersonate any person (including any Shared Wardrobe team members or other members), or falsely misrepresent or state your affiliation with any person through the use of a similar email address, nickname, or creation of false account(s) or any other methods of deceit; send mass unsolicited messages, “flood” servers with requests, or perform similar actions; Interfere with a Seller’s profile; Engage in any action that may undermine online reviews or feedback; access, or attempt to access, any part of the Website or other personal information through any automated means (including via the use of scripts, scraping, or web crawlers) or violate any instructions set out in any robots.txt files present on the Website; disrupt or interfere with the Services or Website or servers or networks connected to the same;
obtain, or attempt to obtain, unauthorized access to materials, computer systems, or information, including attempting to obtain, use, or access any information or materials that is not intentionally made publicly available via the Website;
display, manipulate, or access the Website or any materials or information found thereon using “framing,” “deep linking.” or any similar technique that bypasses or circumnavigates the intended architecture and layout of the Website;
transmit or contain any code or malicious software of a destructive or malicious nature, including any software that may collect any member data or personal information from members of the Website or Services; store, upload, distribute, or disseminate electronic files that are corrupted or contain viruses, “trojans,” “spyware,” “adware,” “malware,” or any other malicious components, or take any measures, such as implementing or co-ordinating DDoS “denial of service” attacks, “email bombs,” or other techniques that impose an unreasonable or disproportionately large burden on the Website or any other Shared Wardrobe system or network, or that are otherwise designed to interfere with such systems or networks; appear to create a liability for Shared Wardrobe or cause Shared Wardrobe to lose (in whole or in part) the services of Shared Wardrobe’s internet service provider or other vendors; Link directly or indirectly, or reference or contain descriptions of goods or services that are prohibited under this Agreement and any other policy documents posted on Shared Wardrobe; or copy, modify, create a derivative work of, reverse assemble, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service.
In the event of a replica or misrepresented listing, Shared Wardrobe will pull funds from the Seller even if the Seller has already cashed out the Shared Wardrobe credit from their shared wardrobe Wallet. Furthermore, you may not list any item on Shared Wardrobe (or consummate any transaction that was initiated using our Services) that by paying to Shared Wardrobe could cause Shared Wardrobe to violate any applicable law, statute, ordinance, regulation, or that violates this Agreement.
Shared Wardrobe has no control over member Submissions provided by members that are made available on the Website and Services. There is the possibility you may find some member Submissions to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretences.
By using the Website and Services, you agree to accept these risks and that Shared Wardrobe (and Shared Wardrobe’s officers, directors, agents, joint ventures, subsidiaries, and employees) are not responsible for any and all acts or omissions of members on Shared Wardrobe. Please use caution, common sense, and practice safe selling and buying when using Shared Wardrobe.
Shared Wardrobe is in no way responsible for the availability of outside websites or resources references or linked to on the Website or Services. Shared Wardrobe does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Shared Wardrobe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Shared Wardrobe may restrict, suspend, or terminate your use of or access to the Website or Services, without notice or liability to you and in its sole discretion, and without refunding any fees, if Shared Wardrobe suspects (by information, investigation, conviction, settlement, or otherwise) that (a) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of this Agreement; (b) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of any Shared Wardrobe policy; (c) your activities on or in relation to the Website may violate applicable law; (d) you are unable to verify or authenticate any of your personal information or member Submissions; (e) you have failed to pay a fee; (f) you may cause legal liability or financial loss to Shared Wardrobe’s members or to Shared Wardrobe; or (g) for any other reason at any time. This includes cancelling any unverified accounts or inactive accounts, warning Shared Wardrobe’s community of a member’s actions, temporarily or indefinitely suspending a member’s account privileges, terminating a member’s account, or prohibiting access to the Website or Services, and taking technical or legal steps to keep a member off the Website and refusing to provide Services to a member. Further, any suspected fraudulent, abusive, or illegal activity, including violations of the Agreement and any additional Shared Wardrobe policy, may be referred to appropriate law enforcement authorities or other appropriate third parties.
Shared Wardrobe reserves the right to suspend and/or terminate a member’s account or any accounts held by that member by virtue of association, including all usernames under which that member operates on the Website or Services.
If your membership is banned or removed – Shared Wardrobe will refund the balance of your shared wardrobe account, minus a $5 manual processing fee payable to Shared Wardrobe. No refund will be made if the shared wardrobe Cash account balance is below $5.
If your membership is removed due to a breach of our terms and conditions it is at our discretion whether you are eligible for any refund.
If you have not logged on to the Website for a period of 18 months, any unused balance on your shared wardrobe Cash account is forfeited to shared Wardrobe and your membership will be suspended.
Personal Information and Privacy
All content on the Website is owned by or licensed to Shared Wardrobe. Subject to the Agreement, Shared Wardrobe grants to you a non-exclusive, non-transferable, non-sublicensable license to access and view the Website and to make a reasonable number of copies of the content on the Website solely for your own personal and non-commercial use. All rights not expressly granted herein are reserved to Shared Wardrobe and its licensors. Other than as expressly provided above, you may not display, reproduce, distribute, modify, sell, or otherwise use any materials or content on the Website, and all such content is provided on an AS IS basis.
The trademarks, logos, service marks, trade names, graphics, page headers, button icons, scripts and other designs that are displayed on the Website and Services are owned by Shared Wardrobe and/or its affiliates or their third party licensors and may not be used unless authorized by the trademark owner. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Shared Wardrobe’s Trademarks displayed on the Service, without our prior written permission in each instance. Shared Wardrobe’s intellectual property may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. All goodwill generated from the use of Shared Wardrobe intellectual property will inure to our exclusive benefit.
- Complaint Procedures & Takedown Requests
Shared Wardrobe respects the legal rights of others and expects you to do the same. As a seller, you are required to comply with all laws (including copyright laws) and you are not permitted to use a brand’s Intellectual Property (e.g. images and descriptions) unless authorised to do so.
If you believe a seller has violated the Agreement or your intellectual property rights, please complete the following steps.
To enforce the intellectual property rights of owners, Shared Wardrobe engages in a Verified Rights Owners program that allows owners to request Shared Wardrobe to remove certain listings that offer items or contain images or other materials that infringe on their intellectual property rights. These rights can include trademark, copyright, and/or other legal rights. For example, a Verified Rights Owner may ask Shared Wardrobe to remove an item being sold that uses the rights owner’s registered trademark (such as a logo on a designer handbag) if the item is not an authentic product of the rights owner. This VRO program helps protect Shared Wardrobe members from buying or selling items that may be replica or otherwise unauthorized under state and/or federal laws. Before a listing is removed, a Verified Rights Owner must provide to Shared Wardrobe information that ensures that the person or company reporting the item is authorized to do so. If a Verified Rights Owner believes a listing violates their intellectual property rights, please provide Shared Wardrobe with a written notice containing (where applicable) the following information:
a notarized request letter certifying that you are the owner of the intellectual property; a description of the intellectual property that you claim has been infringed, including details on any registration that protects the same; a description of the material that you claim is infringing and where it is located on the Website; hyperlinks to the listings with the suspected item; your name, address, telephone number, and email address; a statement by you that you have a good-faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on their behalf; and an electronic or physical signature of the person authorized to act on behalf of the intellectual property owner.
The notice should be delivered to Shared wardrobe: email@example.com
If a copyright notice is received by Shared Wardrobe’s Copyright Agent, Shared Wardrobe may send a copy of the notice to the member who posted the material at issue.
If your item is reported, you may receive an email notifying you that a Verified Rights Owner participant requested your listing to be removed from the Website or Services. We require the rights owner to provide us with an email address so you can contact them directly for more information about why your listing infringes their intellectual property rights. You can find the Verified Rights Owner’s email address in the email you received when your listing was removed.
At Shared Wardrobe’s sole discretion, members who infringe on intellectual property rights of Verified Rights Owners will have their member accounts and/or access to the Services removed or disabled. If Shared Wardrobe disables or removes your member account, or any content or other materials you have posted, and you believe this was done in error, please forward a written notice stating the same and providing any supporting documentation necessary to establish your rights to the agent referenced above.
If you have concerns or questions about why your listing was reported or removed, please contact the VRO participant directly using the email address we provided.
You can also contact our support team at firstname.lastname@example.org if the Verified Rights Owner has not replied after 10 days or if you have any other questions.
Shared Wardrobe is not involved in the actual transaction between Buyers and Sellers. While Shared Wardrobe may help facilitate the resolution of disputes through various programs, and may provide guarantees which are backed by our policies (e.g. Shared wardrobe rental Protection), we have no control over and do not guarantee: (a) the existence, quality, safety, or legality of items advertised; (b) the truth or accuracy of members’ content or listings; (c) the ability of Sellers to sell items; (d) the ability of Buyers to pay for items; (e) that a Buyer or Seller will actually complete a transaction or return an item; (f) the legal transfer of item from the Seller to the Buyer; or (g) that a Buyer or Seller will actually complete a transaction.
Rather, our goal at Shared Wardrobe is to maintain our Website, Services, and related tools, in a manner that is safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our Website, Services, or tools. You further acknowledge that operation of and access to our Website, Services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our Website, Services, and tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law: WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Shared WARDROBE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SHARED WARDROBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO YOUR USE OF THE SERVICES OR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY ACTION RELATED TO THE SERVICES OR WEBSITE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
IF Shared WARDROBE IS FOUND LIABLE TO YOU OR ANY THIRD PARTY, SUCH LIABILITY IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS DUE UNDER THE “Shared Wardrobe Rental PROTECTION” TO THE PRICE THE ITEM SOLD FOR ON THE WEBSITE (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS; (B) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO Shared WARDROBE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (C) $100. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree to defend, indemnify, and hold harmless Shared Wardrobe and its affiliates, and their directors, officers, employees, parents, subsidiaries, shareholders, and agents, from and against all claims, demands, liabilities, costs, losses, and expenses, including reasonable attorneys’ fees, arising from your use of the Services or Website or your breach of the Agreement, including any dispute with another member or claim from a third party. Shared Wardrobe may elect to assume the defence and control of such claim and, in such case, you agree to cooperate with Shared Wardrobe in the defence of such claim and to reimburse Shared Wardrobe for all reasonable expenses and fees incurred in the course of defending such claim.
- No Guarantee
Shared Wardrobe does not guarantee continuous, uninterrupted access to the Website or Services, and operation of the Website or Services may be interfered with by numerous factors outside Shared Wardrobe’s control.
- Disputes with Other members or Third Parties
In the event a dispute arises between you and another member or a third party, Shared Wardrobe encourages you to contact the member or third party to resolve the dispute amicably.
Shared Wardrobe reserves the right, but has no obligation, to monitor and/or manage disputes between you and other members of the Website or Services. If you have a dispute with one or more members, you release Shared Wardrobe, its affiliates and subsidiaries, and its respective officers, directors, employees, and agents from claims, demands, and damages for every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes with one or more members, or an outside party. Shared Wardrobe will only become involved in conflicts between members if we are requested to do so and the matter arising meets the requirements stated in our policies.
You may also report member-to-member disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable.
If you are have a consignment or a no stress insurance membership with Shared Wardrobe, Shared wardrobe will step in and take full responsibility of the dispute and resolution policy and any court or collection action needed.
- Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and Services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Website and Services.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
- No Agency
You and Shared Wardrobe are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
- Shared Wardrobe Right to Modify or Terminate
Shared Wardrobe reserves the right to modify or terminate the Website and Service for any reason, without notice and at any time. Shared Wardrobe reserves the right to alter this Agreement or other policies at any time, so please review the policies frequently. If Shared Wardrobe makes a material change, then Shared Wardrobe will notify you here by posting updates to this Agreement or by means Shared Wardrobe deems appropriate. What constitutes a “material change” will be determined at Shared Wardrobe’s sole discretion, in good faith, and using common sense and reasonable judgment.
- Change of Ownership
- General Terms
This Agreement, and any rights and licenses granted hereunder, may not be transferred, assigned, or sublicensed by you without Shared Wardrobe’s express written consent. On the other hand, Shared Wardrobe may assign, sublicense, or otherwise transfer any rights or licenses under the Agreement, without restriction and without prior notice to you.
Following termination of this Agreement and/or your commercial relationship with Shared Wardrobe, any term of the Agreement logically extended beyond such termination shall survive to the fullest extent necessary to allow you and Shared Wardrobe to enforce any rights obtained or obligations incurred hereunder.
No term or provision of this Agreement is meant or intended to benefit any third party.
You agree to submit to the applicable laws of New Zealand/Australia without regard to conflicts of law principles.
This Agreement represents the entire agreement and understanding between you and Shared Wardrobe and it supersedes any other agreement or understanding (written, oral or implied) between you and Shared Wardrobe. No other agreements, promises, representations, or understandings shall be binding upon Shared Wardrobe with respect to the Website or Shared Wardrobe’s Services unless contained in this Agreement, or separately agreed to in writing and signed by an authorized representative of Shared Wardrobe.
Neither you nor Shared Wardrobe will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labour dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.
If any part of this Agreement shall be determined to be illegal, invalid, or unenforceable: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the parties; and (b) the remaining parts of the Agreement shall be deemed valid and enforceable, so long as the remaining parts continue to fulfill the original intent of the parties.
Terms of Renting
On addition to the above terms, you also agree to the following notes:
– All rentals must be returned by no later than 1pm On the next working day to a NZ post counter or our Dunedin store.
– Any late returns will incur a 1/4 of rental fee late penalty per day it is late.
– Shared Wardrobe reserve the right to charge you for the next booking if you have returned this late and cause a disturbance of the next booking.
– Shared Wardrobe reserves the right to waive or charge the late fee where we deem fair and reasonable.
– Shared Wardrobe reserves the right to charge you for any and all damage outside of your.
– You agree that you will return the dress within the correct timeframe and if not, you accept these terms and fees stated above.
– Shared Wardrobe does NOT accept any other courier companies delivering our dresses, all items must be posted with NZ post.
– If In the rare case an item is delayed and we have sent this on time, we will refund this to you.
– If you are to damage any rental item and it is not insured under a purchased insurance through us, you will be liable for the full RRP and any existing bookings on this garment.
– Shared wardrobe reserves the right to decline any insurance claims that we do not believe are genuine claims for accidental damage.