Pay-per-wear Terms & Conditions | Zoa Clothing Rental Software

Legal

General Terms & Conditions

Interpretations

Definitions

The following words have the following meanings in these Terms & Conditions:

We, our, us, Zoa are Hirestreet Limited (registered in England and Wales under company number 11070982 and have our registered office at 15 The Watermark, NE11 9SY).
Our website is Home – Zoa .
“Brands” means the third-party brands, retailers or suppliers that use Zoa technology.
“Products” means the stock items owned by the Brands and made available for rental via Zoa.
“Zoa” is our trading name, and relates to us as an overall business
“Zoa Rental” is the rental service we deliver to Brands and their Customers, via a button on the Brand’s website
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.
“Site” means the Brand’s website
“Regulations” means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
“User” means any person, firm or company using the Site for any purpose.
“Customer” means any person (consumer) renting Products owned by the Brands via Zoa.
“Rent” means a period of hire where the customer is leasing the item, the customer must return the item on their designated return date to our chosen courier.

Introduction

Please read these Terms & Conditions (referred to as “Terms” or “T&Cs”).

Your access to and use of Zoa Rental is conditional on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use Zoa. These Terms apply each time you use Zoa and Zoa Rental, and we will assume that you have read them before you use Zoa or the services we offer or rent any Products owned by the Brands we partner with.

We reserve the right to make changes to these Ts&Cs at any point, we will provide existing customers with reasonable prior written notice of changes to these Ts&Cs. We do not guarantee that Zoa, or any content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access Zoa or use Zoa Rental through your internet connection are aware of these Terms and other applicable Terms and Conditions and that they comply with them.

By accessing or using the Zoa website, using Zoa Rental or otherwise using our services or renting Products you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access Zoa or use Zoa Rental.

Rental terms between customer and brand

These are the rental terms on which the Brand you have chosen supplies Products to you, the Customer. Please read these terms carefully before you submit your order. You are entering into the following Rental Terms with each of the Brands from whom you order Product(s) via Zoa Rental. Despite you entering into a contract with the Brand on the basis of these Rental Terms, if you have any queries about your order of Products you should in the first instance contact us at customersupport@zoarental.com.

If we have to contact you we will do so by telephone, SMS or by writing to you at the email address or postal address you provided to us in your order.

These terms tell you who will provide products to you, how you and/or the Brand may change or end the contract for rental, what to do if there is a problem with your order and other important information. If you think that there is a mistake in these terms, please contact Zoa in the first instance to discuss.

Acceptance of the rental contract between you and brand

By placing an order you (the Customer) are agreeing to the rental terms contained herein with the Brand which supplies the Product you ordered. You are liable for the hire price and all fines payable under Terms of this contract.

Acceptance of your rental order, by the Brand(s) who own the Products and provide them for hire, will take place when an email is sent to you accepting the order, at which point a contract will come into existence between you and the Brand(s), facilitated by Zoa. You will be assigned an order number and be told what it is when your order is accepted. It will help us if you can tell us the order number whenever you contact us about your order.

If your order cannot be accepted, you will be informed of this and you may be offered a replacement for it. If no suitable replacement is available, then you will not be charged for the Rental. This might be because the Product is out of stock, because of unexpected limits on resources which could not reasonably be avoided, because of an error in the price or description of the Product or because a delivery deadline you have specified cannot be met.

Rental is only available in the UK. Unfortunately, orders cannot be accepted from or delivered to addresses outside the UK.

Delivery of products

The costs of delivery will be displayed to you next to the rental charges. Our selected delivery provider will deliver your orders. Any delivery time or date given to the Customer is an estimate only. If the item is delivered late the Customer must accept delivery unless a non-delivery agreement is reached in advance between Zoa and the Customer.

We and the Brands are not responsible for delivery delays outside of the control of Zoa and the Brands. If supply of the Products is delayed by an event outside of Zoa and the Brand’s control then you will be contacted as soon as possible to let you know and commercially reasonable steps will be taken by Zoa on behalf of the Brands to minimise the effects of the delay. Provided such steps are taken neither Zoa nor the Brand will be further liable for delays caused by the event.

If after a failed delivery to you, you do not re-arrange delivery or collect the Products from a delivery depot you will be contacted for further instructions and you may be charged for storage costs and any further delivery costs. If, despite reasonable efforts by Zoa on behalf of the Brand, it is not possible to contact you or re-arrange delivery or collection the contract with you may be terminated but you will still be charged.

Rental period and late fees

The rental period shall commence from when the Customer (or a third party nominated by the Customer) receives the ordered Products(s) and shall continue until the Products are returned at the relevant Courier collection point. You must obtain a postage receipt for the Products at the time of dropping off your returns with the Courier.

Where the Products have not been dropped off at the Courier collection point by the designated Rental Return Date then you will be charged additional hire fees to the Customer’s credit/debit card which was provided at the time of the original rental.

Late fees are charged according to the following structure:

A fee of £25 per day for every day beyond the agreed Rental Return Date will be charged by Zoa until the item is returned. If the item is not returned after 10 days the item will be classed as lost/stolen and you will be charged an additional £100 replacement fee on top of the late fees already charged.

The leased Products are and will at all times remain the absolute property of the Brands offering the Products.

The Customer accepts full responsibility for the safekeeping of the Products once the item has been delivered, including ensuring the Product does get lost or damaged.

Damages and theft

If the Products get lost or damaged beyond repair following delivery:

the Customer is solely responsible for the Products they have rented and is therefore liable for any damage or loss that occurs during the rental period and/or during the Product being in the Customer’s custody or control.
Regardless of whether the Customer is personally responsible for the damage, they remain liable for the cost of replacement of the Product(s) due to the Brand(s). These costs may be collected by Zoa on behalf of the Brand(s). In signing for delivery the Customer agrees to take full responsibility for the Products. Return of Products must be evidenced by the Customer obtaining a valid receipt from the Courier which received the Products from the Customer at the end of the rental.
In assessing the replaceable value of any Product, the following factors will be taken into account: the demand for the dress, the ability to access a replacement, the condition of the dress, and the rental fee that the Customer has already paid.

Accidental damage cover

Accidental damage cover is included in your rental fee. Your rental Product is covered for all repairable damage to the Product. Examples include ripped seams, zip breaks and removable stains that require extra attention. Accidental damage cover does not cover damage where the Product must be replaced or written off entirely. In these instances, Customers are liable to pay the replacement Product costs (which are likely to be the recommended full retail value identified on the Product page on the Brand’s site). In the event that an item needs to be replaced, our damage assessment team will investigate the damage. We will notify the customer and once charged damage fees the damaged item will be sent for the customer to keep. If you know you have damaged your rental Product – please get in touch with customersupport@zoarental.com in advance of returning your item.

Cancellation

You may have a right to cancel your order. Consumer protection legislation usually allows consumers to cancel online orders within 14 days of placing the order. However, if you have requested we provide our hire services to you sooner than 14 days from the date of order (i.e., you have stipulated an earlier delivery date) then we may not provide you with a full refund depending on when and how you cancel. For example, if you requested a delivery date 10 days after ordering, the maximum right-to-cancel period is 10 days. If the Customer cancels an order up to 2 days in advance of their chosen delivery date or within 1 hour of placing their order they are entitled to receive a full refund, unless the order has already been dispatched to achieve the Customer requested delivery date. Orders that have already been dispatched cannot be cancelled.

You acknowledge and agree that where you do not communicate the cancellation within the above parameters you shall not be entitled to a refund. To cancel an order, the Customer must give written notice to: customersupport@zoarental.com.

Zoa / Brand cancellation: In certain circumstances, we may need to cancel an order before it has been dispatched to the Customer. Said circumstances can include: if the Product ordered has not been returned/or has been returned damaged by a previous customer, or if the Customer in question has given us cause to be concerned about their suitability to receive future rentals (e.g. frequent late returns, theft or damaged items.) In the event we need to cancel your order you will be contacted via email and a full refund will be processed.

Refunds (on dispatched items)

Once an item is dispatched, if it is unsuitable, please return it unworn within 24 hours of delivery with the ribbon still attached. Once the item has been returned to our warehouse you will receive a refund for the rental charge minus a £5 restocking fee. Your refund does not include the delivery fee.

We do not offer refunds for orders that have been dispatched, or for those that fall outside the eligible cancellation parameters.

Exchanges

We do not offer exchanges.

If there is a problem with the product

If you have any questions or complaints about products, please contact the Zoa support team at customersupport@zoarental.com (not the Brand you have rented from). Please include as much detail as you can in your email, and we’ll get back to you.

Pricing

The price of the rental of the Products will be the price indicated on the Site when you placed your order. Reasonable care is taken to ensure that the price for Rental of the Product advised to you is correct.

It is always possible that, despite reasonable efforts, some of the Products may be incorrectly priced. Prices are normally checked before your order is accepted so that, where the Product’s correct price at your order date is less than the stated price at your order date, you will be charged the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, you will be contacted for your instructions before your order is accepted.

The third-party payment gateway provider Stripe is used to process payments and accepts almost all major credit and debit cards. You must pay for the products at the point of order via Stripe.

By using Stripe as a payment method, you authorise Stripe to store your card details in case of a need to recharge a card for associated fees, e.g. late fines. You are subject to Stripe’s terms and conditions and privacy policy when making use of Stripe to process your payment. Zoa and the Brand are not responsible for the acts or omissions of Stripe, nor of any other third parties involved in the hire process including our selected delivery provider.

We reserve the right to change the third-party payment gateway provider at any time and you will be notified of the provider’s identity at the point of payment.

How we may use personal information

Your personal information entered during ordering Products for rent will be used as set out in the Zoa Privacy & Cookie Policy and in the Privacy & Cookie Policy for the Brand that owns the Product being rented, as set out on that Brand’s website. Zoa and the Brand you are hiring from will each hold and process your personal data as independent controllers in accordance with their respective privacy policies.

The garment

You acknowledge that:

the images on the Brand’s site are of the actual Product fitted to a model or mannequin and the Product may not fit you in the same way;
the images which you see on your screen may differ from those uploaded to the Brand’s site, or the Product when seen in person, in terms of colour, texture and definition and there is no guarantee that the colours and textures you see on the screen will exactly match the actual Product;
the sizing shown on the Brand’s site reflects the sizing given by the manufacturer of the Product, please allow for variation between sizing by different Brands – you should always take into account that Brands frequently differ in sizing of clothing and ensure you order accordingly;
you will examine and try on the Product immediately following its delivery and tell us without delay if it is suffering from any damage or defect, is the incorrect size or is in any way short of the description we have supplied on our website;
we will charge you for repairs or special cleaning on return of items, unless you tell us on delivery (and before you use the Product) of any issues present when it was delivered (providing us with a description and photographs of the issue with the Product via the email address set out above in a timely manner);
the full purchase value and the rental value of the Product is as we have advised on the Brand’s site;
you must follow all and any instructions we provide with the Product both for its use and packing; and
you will use the Product in a proper manner and treat it with the same respect you would apply if you had borrowed it from a close friend (and in any event, with reasonable care and so as to ensure that the Product is returned in the same condition as it was delivered to you).

You agree that you will:

not alter or add to the Product in any way; and
not clean or attempt to clean the Product in any way.

Other important terms

This agreement may be transferred by the Brand or Zoa to a third party. The Brand or Zoa may transfer their respective rights and obligations under these terms to another organisation.

Even if the Brand or Zoa delays in enforcing this contract, it can still be enforced later. If Zoa or the Brand does not insist immediately that you do anything you are required to do under these terms, or if Zoa or the Brand delays in taking steps against you in respect of breaking this contract, this will not mean that you do not have to do those things and it will not prevent the Brand or Zoa taking steps against you at a later date.

These terms are governed by English law and you can bring legal proceedings in respect of the Products in English courts, or for Customers based in Scotland, in Scottish courts.