Terms & Conditions
APPLICATION OF TERMS
These Terms apply to your use of the Website (www.lent.co.nz) .
By accessing and using the Website:
- You agree to these Terms; and
- Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
- If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
DEFINITION OF TERMS
2.1 “Lent” (“we”, “our” or “us” ) means Archives Ltd, operating as Lent, its successors and assigns or any person acting on behalf of and with the authority of Archives Ltd, operating as Lent Ltd.
2.2 “Services” means the Lent website located at lent.co.nz (the “Site”) and related services including Lent’s fashion rental services and its content (the “Content”).
2.3 “User” (“client”, “customer”, “you” or “your”) means the User or any person acting on behalf of and with the authority of the User.
2.4 “Apparel” means all Apparel (including any fashion accessories e.g. dresses) supplied on hire by Lent to the User (and where the context so permits shall include any incidental supply of services). The Apparel shall be as described on any invoices or other documentation provided by Lent to the User.
2.5 “Rental Period” means the 4 or 10-day period that the User booked the Apparel for, or as specified by Lent upon rental - starting from the day the Apparel is delivered to the User’s delivery address, to the day the Apparel is supposed to be dropped in mail by the User, as disclosed on Lent confirmation email.
2.6 “Rental Price” (“price”) means the cost of the hire of the Apparel as agreed between Lent and the User subject to clause 4 of this contract.
2.7 “Rental Return Due Date” means the date the Apparel is expected to be back at Lent’s warehouse. The Rental Return Due Date is calculated to be within 1 to 3 business days from the end of Rental Period, depending on the User’s location.
2.8 User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
2.9 Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
3.0 personal information means information about an identifiable, living person
3.1 “Designer” means any fashion supplier or Designer that has partnered with Lent
3.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
3.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
3.3 These Terms were last updated on 13/6/2017.
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and are reliable to update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:
- not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
- immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to firstname.lastname@example.org.
4.3 Any instructions received by Lent from the User for the hire of Apparel and/or the User’s acceptance of Apparel supplied on hire by Lent shall constitute acceptance of the terms and conditions contained herein.
4.4 Where more than one User has entered into this agreement, the Users shall be jointly and severally liable for all payments of the Price.
4.5 Upon acceptance of these terms and conditions by the User the terms and conditions are irrevocable and can only be amended with the written consent of Lent.
4.6 The User shall give Lent not less than fourteen (14) days prior written notice of any proposed change in the User’s details (including but not limited to, changes in the User’s address, mobile number, or business practice). The User shall be liable for any loss incurred by Lent as a result of the User’s failure to comply with this clause.
5. Price and Payment
5.1 The Price shall be Lent’s current Price, at the date of delivery of the Apparel, according to Lent’s current Price list as detailed on our website.
5.2 Lent reserves the right to change the Price in the event of a variation to the User’s requirements.
5.3 At Lent’s sole discretion a deposit may be required. Lent may also request a bond to be paid which shall be refunded on return on the Apparel in an acceptable condition to Lent.
5.4 Payment is due before the delivery of Apparel. Cards accepted are Mastercard, Visa and AMEX.
5.5 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5.6 All costs are in New Zealand Dollars (NZD).
6. Rental Period and Late Fees
6.1 Rental period shall commence from when the User (or a third party nominated by User), signs the Courier receipt and shall continue until the Apparel is dropped at the post office or picked up by a courier.
6.2 When Apparel has not been returned to Lent by the Rental Return Due Date, Lent is entitled to charge additional hire fees until the Apparel is returned to Lent.
6.3 If the User pays Lent an amount equal to 150% of the recommended retail value in late fees and the User still has the item(s) in their possession, the item(s) is The User’s to keep, if the Designer permits.
6.4 If the User has not returned the rental item(s) within 15 days after the return date, Lent will consider the rental item(s) as non-returned and will charge the User’s credit card 150% of the recommended retail value minus the rental and late fees that the User has already paid.
7.0 Delivery of the Apparel
7.1 At Lent’s sole discretion delivery of the Apparel shall be deemed to have taken place when the Apparel is delivered to the User’s nominated delivery address and the User (or a third party nominated by the User) has signed the delivery receipt.
7.2 Standard delivery fee is $5.00 for all rental orders within New Zealand cities, this excludes any urgent orders which can be organised separately.
Lent standard delivery method is courier, operated by NZPost & Trademonster (see terms and conditions). Expected delivery times are 1-3 days within New Zealand, once dispatched from Lent’s warehouse, the User will receive an email confirmation. If the Apparel takes longer than 1-3 days to arrive at the Users identified location, Lent has no control over this and will aim to resolve with the customer and the postal service.
Same day delivery is available for Users in the Auckland, CBD metro area for $18.99. At sole discretion, Lent may change these fees. Same day delivery is available between 8AM-3PM through Monday- Friday.
7.3 The User shall make all arrangements necessary to take delivery of the Apparel whenever tendered for delivery. In the event that the User is unable to take delivery of the Apparel at the nominated delivery address and for any reason Lent is required to redeliver the Apparel then Lent shall be entitled to charge a reasonable fee for the redelivery.
7.4 Any delivery time or date given by Lent to the User is an estimate only. The User must still accept delivery of the Apparel even if late and Lent will not be liable for any loss or damage incurred by the User as a result of the delivery being late.
8.0 Insurance and Risk
8.1 Lent and their Designer(s) retains property in the Apparel nonetheless all risk for the Apparel passes to the User on delivery.
8.2 The User accepts full responsibility for the safekeeping of the Apparel
8.3 Lent offers an add-on of $9 Insurance to the Users order. The $9 Insurance covers minor damage as assessed by Lent, at their sole discretion of repairs up to $150. Minor damage is repairable damage, (e.g small removable stain, repairable broken zip, repairable hole, missing button). Any repair above $150 will be charged to the User.
8.4 If the Apparel gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the User then the User will be liable to pay for replacement of the item. In assessing the replaceable value, Lent will take into account, the demand of that dress in the market, the availability to purchase that dress in the market, the condition of the dress, and the rental fee that the User has already made.
9.0 Title To Hired Apparel
9.1 The Apparel is and will at all times remain the absolute property of Lent and their Designer(s).
9.2 If the User fails to return the Apparel to Lent then Lent or Lent’s agent may (as the invitee of the User) enter upon and into land and premises owned, occupied or used by the User, or any premises where the Apparel is situated and take possession of the Apparel.
10.1 The User shall inspect the Apparel on delivery and shall within four (4) hours of receipt of the Apparel notify Lent (by phone or email) of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.
11. Sizing Issues/Returns
11.1 If the User wishes to cancel an order, then they must contact Lent as soon as is possible. If the item hasn’t been dispatched from Lent’s premises yet, there will not be any cancellation fees. However, if the item has been dispatched, a cancellation fee of twenty-five dollars ($25.00) per item will apply. Lent will issue a full refund less the cancellation fee upon return of the Apparel to Lent.
11.2 All Apparel which is to be returned because of incorrect sizing or because the User has changed their mind must be sent back to Lent within twenty-four (24) hours of signing for the delivery (with tags still intact and the return slip completed), and Lent will send out the User a new size. If for some reason Lent doesn’t have an alternative size (since Lent has limited sizes in each stock item), it may be that the requested item is unavailable. In which event Lent will issue the User a full refund of the dress rental cost, or a store credit, whatever the customer decides.
10.3 Once Lent has received an unworn, tagged dress, as well as the User’s return request, Lent will email the User a refund request confirmation within three (3) working days. Whilst Lent will make every effort to process a refund as quickly as is possible, the refund process can take approximately ten to twenty (10-20) working days dependant on the independent processing time taken by the User’s credit card provider and the User acknowledges that Lent has no control over such Credit card issuers processes.
12. User's Responsibilities
12.1 The User shall:
(a) immediately notify Lent of any damage to the Apparel that occurs during the hire period;
(b) on termination of the hire, deliver the Apparel complete with all accessories, in good order as delivered, fair wear and tear accepted, to Lent;
(c) keep the Apparel in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Apparel;
(d) not alter or make any additions to the Apparel or in any other manner interfere with the Apparel.
13.1 Lent may cancel these terms and conditions or cancel the delivery of Apparel at any time before the Apparel is delivered by giving written notice. On giving such notice GlamCorner shall repay to the User any sums paid in respect of the Price. GlamCorner shall not be liable for any loss or damage howsoever arising from such cancellation.
14. Security and Charge
14.1 In consideration of GlamCorner agreeing to supply Apparel, the User charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the User either now or in the future, to secure the performance by the User of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
14.2 The User indemnifies Lent from and against all Lent’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Lent’s rights under this clause.
14.3 The User irrevocably appoints Lent and each director of Lent as the User's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the User's behalf.
15. User Generated Content
For any content that you submit - any information such as data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Service - you grant Lent a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting any content to Lent, you represent and warrant that:
-You are the sole author and owner of the intellectual property rights thereto;
-All "moral rights" that you may have in such content have been voluntarily waived by you;
-All content that you post is accurate;
Use of the content you supply does not violate these Terms and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
-That is known by you to be false, inaccurate or misleading;
-That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
-That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
-That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
-For which you were compensated or granted any consideration by any third party;
-That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
-That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Lent (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
17. Privacy Act 1993 New Zealand
17.1 The User agrees for Lent to obtain from a credit reporting agency a credit report containing personal credit information about the User in relation to credit provided by Lent.
17.2 The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
17.4 Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
- to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
- in relation to the proposed purchase or acquisition of our business or assets; or
- where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
17.5 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
17.6 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at support@theLent.online.
18. Suspension and Termination
18.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
18.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access. Lent has the right to decline your user ID at their sole discretion.
19 Intellectual Property
19.1 We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems. Copying without gaining written approval is not allowed.
20.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a) the Website being unavailable (in whole or in part) or performing slowly;
any error in, or omission from, any information made available through the Website;
b) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
c) any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
21.1. To the maximum extent permitted by law:
a) you access and use the Website at your own risk; and
b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
21.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
22.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
22.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
22.3 For us to waive a right under these Terms, the waiver must be in writing.
22.4 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
22.5 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.