Terms Of Service
Ayrela Limited (“Ayrela”, “we”, “us” or “our”) welcomes you.
1. These Terms
1.1 What these Terms cover. These are the Terms and Conditions on which we supply Products and/or services to you.
1.2 Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Products and/or services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
1.3 Are you a business customer (lender) or a consumer? In some areas you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are renting products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer (lender) this is our entire agreement with you. If you are a business customer these Terms constitute the entire agreement between us in relation to our services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms.
2. Information about us and how to contact us
2.1 Who we are. We are Ayrela Limited a company registered in England and Wales. Our company registration number is 13803241 and our registered office is at Ground Floor – The Quarters, 30-40 St Albans Road, Watford, Hertfordshire WD17 1RN, United Kingdom. Our registered VAT number is GB404026253.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.5 We only rent Products to persons based in the United Kingdom. Our website is solely for the promotion of our Products in the United Kingdom. Unfortunately, we do not accept orders from addresses outside the United Kingdom.
3. TERMS AND CONDITIONS APPLICABLE TO CONSUMERS
3.1 We rent Products to adults aged 18 or older, who may rent Products with a payment card or other approved payment method. By agreeing to these Terms, you represent that you are 18 years or older and that you are authorised to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described in these Terms.
3.2 The rental fee (“Rental Fee”) for a rented Product will be the total of the rental charges and the delivery charges listed on our website, www.ayrela.com, for your rental of the Product. When you place your rental order for a Product, you hereby authorise us (or our payment services provider) to charge your payment card for the Rental Fee. We will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on our website is an order for the rental of that Product, regardless of when it is reserved.
3.3 In addition, you hereby authorise us (or our payment services provider) to charge your payment card for an amount equal to 100% of the then current market replacement value of the Product (when new) set out on our website or otherwise determined by us (the “Replacement Value”). You should not place a rental order for a Product unless you have sufficient funds in the account to which the payment card relates to cover the Replacement Value/deposit as well as the Rental Fee. We reserve the right (and you hereby authorise us to) charge your payment card for any amount up to the Replacement Value of the Product at any time where such amount is due and payable under these terms.
3.4 All deliveries will be through our delivery partners, which may change from time to time at our discretion. We will provide you with information about estimated delivery and arrival times of Products.
3.5 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
3.6 Collection by you. If you have asked to collect the Products from our premises, you can collect them from us at any time during our working hours on a Business Day (defined as a day other than a Saturday or Sunday or a public holiday in the United Kingdom), or on a pre-arranged date and time.
3.7 If you are not at home when the Product is delivered. A signature is required in order to receive the Product, ensure there is someone there to receive the Product. However, If no one is available at your address to take delivery, we will leave you a note informing you of this, and the Product will be returned to Ayrela how to rearrange delivery or collect the products from a local depot, or as otherwise informed.
3.8 If you do not re-arrange delivery. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
3.9 When you become responsible for the Products. The Product will be your responsibility from the time we deliver the Product to the address you gave us or you [or a carrier organised by you] collect it from us.
3.10 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to deal with technical problems or make minor technical changes.
3.11 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product unless the problem is urgent or an emergency. If we have to suspend the delivery of the Product [for longer than 90 days in any 12-month period we will adjust the price so that you do not pay for the Products while they are suspended. You may contact us to end the contract for the Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
3.12 Orders for Products may be made over the phone to one of our customer service representatives. For such orders, you will need to confirm your consent to the customer service representative accessing your account and your customer information, which may include your personal data.
Alternatively our customer service representative may send you a weblink to complete any personal details required.
3.13 You may only cancel your rental order for a Product if you submit a cancellation request within 48 hours of the time at which you placed your rental order by email to firstname.lastname@example.org or by phone on 01923 943777. Your email must be clearly headed with the words “CANCELLATION OF RENTAL ORDER” in the subject line. Please include your full name, address and details of items ordered.
3.14 If you cancel in accordance with these Terms, you will receive a full refund for the Rental Fee associated with the cancelled order. After this time period, you may no longer cancel your order and you will be charged the full amount of the Rental Fee and any other charges payable under these terms.
Use of the Product
3.15 The Products we deliver to you will be cleaned and ready to wear.
3.16 You agree to treat the Product with care and to return it to us in the same condition as it was in when you received it. You are responsible for loss, destruction or damage to the Product due to theft, unexplained disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear includes minor stains, rips, missing beads, stuck zips or other minor damage. 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 Replacement Value for the Product, which shall be in addition to the Rental Fee.
3.17 You shall not allow any other individual to wear or use the rented Product.
Return of Products
3.18 When you rent a Product, you must return it by the date stated in your order (“Return Date”). It is your responsibility to ensure your rented Product is returned to us by the Return Date.
3.19 If a Product is shipped, repack the Product in the original packaging it was sent out in and use the return label included to ship it back to Ayrela, on or before the Return Date.
3.20 If a Product was collected from Ayrela, repack the Product in the original packaging it was collected in and return it back to Ayrela, on or before the Return Date, during normal business hours.
3.22 If you return a Product late or you fail to return it to us, a late fee of £50 per day or 15% of the total rental cost [whichever is higher], 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 us which shall apply for each and every day that you are late returning the Product, and you agree to pay such late fees, up to an amount not to exceed 100% of the Replacement Value (plus any applicable Rental Fees). This will be the maximum amount we shall charge you for the Product. The daily late fee is applicable for each Product.
3.23 The following sets out our liability to you in connection with the rental of the Products. If we breach the warranties, we shall refund to you the Rental Fee (excluding delivery charges).
3.24 Clean and Ready to Wear. The Product will be clean and delivered ready to wear.
3.25 Sizing Returns. Ensure you try on the Product on the day of receipt and if your Product does not fit you, then you may return the Product to us within 24 hours from the date you received the Product by contacting us at email@example.com or calling on 01923 943777 on the day of receipt and returning the Product in accordance with our returns procedure as stated above. We will then offer you a full refund for the Rental Fee (less delivery charges and a restock fee of £10) of the Product provided the Product has not been worn and security tags are still attached.
Our rights to end the contract
3.26 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
- you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to rent the Product to you,
- you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
4. TERMS AND CONDITIONS APPLICABLE TO BUSINESS CUSTOMERS (LENDERS OF PRODUCT TO AYRELA)
COLLECTION OF PRODUCTS
4.1 We will agree with you at the time of placing each order for the Products the collection of that order and the transportation of the Products to us and/or other locations.
ACCEPTANCE OF PRESENTED ITEMS
4.2 We will agree with you at the time of placing each order for the Products the collection of that order and the transportation of the Products to us and/or other locations.
Upon receipt of the Products, we will evaluate the Products to determine their quality, and the potential rental value in line with our inventory policy (which we will determine in our sole discretion).
4.3 We shall provide you with an itemised schedule within 15 Business Days after receiving the Products
4.4 If we do not accept a Product these will be returned to you within 10 Business Days after our receipt of the Products.
4.5 You warrant to us that you have no reason to believe that any Product presented to us is fake, counterfeit or stolen.
4.6 Any fake or counterfeit Product will be retained and destroyed. A Product is a “fake” if it carries the branding of a designer who did not design it and/or a manufacturer who did not make it. A Product is “counterfeit” if it is fake with the intention to deceive. If we receive any items that we determine, in our sole discretion, to be fake or counterfeit, we will retain and destroy them and report the provider of the items to the Trading Standards Office in accordance with our legal obligations.
4.7 If we receive any Product that we determine, in our sole discretion, to be stolen, we will retain the Products and notify the Police.
4.8 If any Product is found by us to be fake, counterfeit or stolen and we are liable in any way for the fake, counterfeit or stolen Products, you shall fully indemnify us and hold us harmless from any claim, liability, cost or action associated therewith.
LISTING THE PRODUCT ON OUR WEBSITE
4.9 Following our acceptance of the Product, we will photograph it and display it on our website as a rental item. You grant to us all the relevant rights and permissions to illustrate and photograph any Product, and to use the photographs, illustrations or images (“Images”) of the Products as we see fit on our website. All intellectual property rights and other rights in the Images, shall belong to us and you acknowledge and agree that you shall have no rights in relation to the Images.
4.10 You acknowledge and agree that we may make minor changes and repairs to any Product, such as the replacement of buttons, zips, repair or hooks and eye and hem repairs. [These will be carried out by a trained professional and will be at our cost.]
4.11 If the Product no longer satisfies our inventory policy then we have the right to withdraw the listing of the Product in our sole discretion.
4.12 The customer services team at Ayrela will set the rental prices on the website for the Products.
4.13 The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on our website at the time of purchase. We reserve the right to alter the Purchase Price, discount, or availability of any particular Product at our sole discretion and without notice to you. Upon your purchase order for a Product, you hereby authorise us [(or our payment services provider)] to charge your payment card for the Purchase Price. We [(or our payment services provider)] will charge your payment card the amount of the Purchase Price immediately upon your purchase order.
WITHDRAWAL OF LISTING
4.14 The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on our website at the time of purchase. We reserve the right to alter the Purchase Price, discount, or availability of any particular Product at our sole discretion and without notice to you. Upon your purchase order for a Product, you hereby authorise us [(or our payment services provider)] to charge your payment card for the Purchase Price. We [(or our payment services provider)] will charge your payment card the amount of the Purchase Price immediately upon your purchase order.
Where we believe that a Product is not generating sufficient interest for rental on our website or we decide to withdraw the Product from listing, we will notify you of our intention and we will return the Product to you ([at your expense)].
COMMISSIONS AND PAYMENT
4.15 Upon the successful rental of any Product by us, you will receive a commission payment in an amount or percentage as agreed between us, of the net rental fee for the Product, excluding any cleaning / repair costs included in the rental fee and any delivery charges (the “Rental Commission”). We will set out in our agreement, the initial proposed rental price for each Product and the Rental Commission that would be payable if the Products was rented for that initial proposed rental price. If the rental price for the item subsequently changes, the applicable Rental Commission will be adjusted accordingly.
4.16 Payment of the Rental Commission shall be made to the bank account stipulated by you in our agreement in relation to the rental of the Product. The Rental Commission shall reflect all applicable promotions and/or other discounts applied directly to or associated with a rented Product.
4.17 Rental Commission payments will be made to the bank account stipulated by you on or around 28th of every month for Products rented in the previous calendar month.
Risk of Loss
4.18 Except as expressly stated in these Terms, all risk of loss or damage to a Product will pass to us when the Product is in our physical possession.
4.19 Once the Product is in our physical possession, we will insure each Product in such amounts and against such risks as are customarily insured for those type of goods, including insurance for theft and damage.
4.20 Notwithstanding the foregoing, our total liability to you shall be limited to the amount of insurance proceeds received by us for such Product.
4.21 You acknowledge and agree that we shall not be responsible to you for any loss or damage that is specifically excluded by our insurance policy.
Title to Inventory Items
4.22 Title to and ownership in each Product will remain with you until such Product is:
(a) sold by us;
(b) lost or stolen from us;
(c) damaged beyond reasonable repair or destroyed while in our possession.
Your Warranties And Indemnification
4.23 You warrant that:
(a) you are the sole legal owner of each Product;
(b) you purchased each Product with clear legal title;
(c) any description given by you in respect of the Product is true, and accurate and not misleading and no defects have been discovered in the Product that you have not disclosed to us;
(d) no Product infringes or breaches any trade mark, copyright, or other proprietary right of any third party, any applicable law or regulation;
(e) all Products passed to us by you are authentic and not fake or counterfeit; and
(f) you have no made any misrepresentations with respect to the authenticity of any Product.
4.24 You hereby agree to release, hold harmless, defend, and indemnify us from any and all liability, including professional fees and costs, with respect to any claims that may arise out of our display, transport or sale of any Product for any reason whatsoever, including but not limited to civil or criminal suits with respect to authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation.
Use of our Website
4.25 You agree to defend, indemnify, and hold us harmless from and against any claims, actions, penalties, proceedings, or demands, including, without limitation, professional fees, arising or resulting from: (i) your breach of these Terms; (ii) your misuse of our website; and (iii) your breach of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
4.26 You acknowledge and agree that you will not use our website to find a customer and then complete the transaction offline in order to circumvent and/or avoid paying us.
4.27 Other than listing, and making rental Products available to us in accordance with these Terms, you will not use our website to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing.
5. HOW WE MAY USE YOUR PERSONAL INFORMATION
6. OTHER IMPORTANT TERMS
6.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. [We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract OR We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided].
6.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
6.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
6.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Products, we can still require you to make the payment at a later date.
6.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
6.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.