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Terms Of Service | HURR
TERMS OF SERVICE
Last updated: December 2022
ABOUT:
HURR is the fashion marketplace changing the way we wear. Our mission is to reinvent ownership by providing
all the short-cuts to a sustainable wardrobe through renting, lending, monthly refreshes, purchase or sale of preowned clothing via our website www.hurr.com and mobile application.
To find out more about when and why we collect your personal information, how we use it, and how we keep it
secure, please refer to our Privacy Policy. For information about how we use cookies, please refer to our Cookie
Policy.
All users of our services are required to read, accept and agree to comply with these terms and conditions
(including the terms of the Privacy Policy and Cookie Policy) and any third-party terms and conditions referred to
within these terms and conditions or referred to on our website or mobile application (collectively, the "Terms").
If you do not wish to accept any aspect of the Terms, you should not register and we strongly recommend you
stop using our services immediately.
HURR reserves the right, at its sole and absolute discretion, to accept or reject any membership application for
an account to use our services.
HURR reserves the right to make changes to the services provided by HURR and to these Terms which will not
materially affect your use of the services. HURR strongly recommends that you revisit these Terms each time you
use the services to familiarise yourself with any amendments. Acceptance of any amendments to services
provided by HURR and/or the Terms will be inferred from your continued use of the services. In the event that
we make any significant changes to our services and/or the Terms, we will notify you in writing and provide you
with an opportunity to cease use of the services before the changes take effect.
The definitions outlined below apply throughout the Terms:
"Booking Date": the date on which you placed the order for the rental of a product, this date will be outlined in
your confirmation email and available on your account dashboard.
"Buyer": The purchaser of pre-loved clothing via the HURR Platform.
"Cancellation Charge": a charge equating to 30% of the Rental Fee which is payable by a Renter to HURR to
cover administrative costs associated with the cancellation of a rental.
"Content": any photos, text or any other information posted to the HURR Platform or the HURR social media
platforms by HURR or Members.
"Cookie Policy": www.hurr.com/cookie-policy
"Damage Protection": an optional service provided by HURR to its Renters to repair normal wear and tear of
products, including without limitation, minor stains, rips, missing beads, stuck zippers or other minor damage to
a product in consideration for the Damage Protection Charge.
"Damage Protection Charge": an optional £7.50 charge payable by a Renter to HURR in consideration for
Damage Protection.
"Delivery Fee": the cost for each product to be delivered as part of the Services.
Help
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"Fee Avoidance": any action taken by a Member to directly or indirectly avoid paying the Service Fee. This
includes, but shall not be limited to, any steps taken by a Member in their own capacity or in conjunction with
other Members to: (i) direct Users or Members to an alternative site performing services similar to the Services;
or (ii) communicate directly with another User or Member with a view to circumventing the Service Fee and/or
the HURR Offering.
"General Terms": the terms and conditions of use which apply to all Users.
"HURR": HURR Limited, we, us, our.
"HURR Offering": means the HURR Platform and services and Content provided through the HURR Platform,
including, without limitation, services facilitating peer-to-peer fashion rental, managed rental, lending, and the
purchase and sale of pre-owned clothing.
"HURR Platform": the website www.hurr.com and the mobile application made available by HURR.
"Intellectual Property Rights": patents, utility models, rights to inventions, copyright and neighbouring and
related rights, trademarks and service marks, business names and domain names, rights in get-up and trade
dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights,
rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets)
and all other intellectual property rights, in each case whether registered or unregistered and including all
applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from,
such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the
future in any part of the world.
"Late Fees" - the daily Renter charge for the late return of a Product
"Lend": the lending of a product by a Lender to a Renter via the HURR Offering in consideration for the Rental
Fee and "lending" shall be construed accordingly.
"Lender": a Member who makes product(s) available for rent via the HURR Platform and "Lenders" shall be
construed accordingly.
"Listing": the listing of a product by a Lender on the HURR Platform and "List" shall be construed accordingly.
"Mediation Costs": In the event that substantial costs are incurred as a result of HURR’s provision of mediation
services, HURR may invoice a reasonable reimbursement in respect of these costs.
"Member(s)": any individual who has registered to use the Services and been accepted by HURR as a member.
"Payment Method": means the credit or debit card associated with your HURR account or used to complete the
Service.
"Privacy Policy": www.hurr.com/privacy-policy
"Product": a product shall include but shall not be limited to: womenswear clothing and accessories and
“products” shall be construed accordingly.
"Purchase Price": a product shall include but shall not be limited to: womenswear clothing and accessories and
menswear clothing and "products" shall be construed accordingly.
"Referral Rules": the additional terms incorporated into these Terms that apply to referrals can be found here.
"Rent/Renting/Rental": the renting of a product or products by a Renter via the HURR Platform in consideration
for the Rental Fee.
"Rental End Date": means 12pm (noon) on the date upon which the rental of a product expires and the date
indicated as such in the Renter’s confirmation email and account dashboard. This date is referred to as the "in
the post by" date on the HURR Platform.
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"Rental Fee": the fee to rent a Product.
"Rental Period": means the number of days a product is rented for and shall be measured from the Rental Start
Date to the Rental End Date.
"Rental Request": a request made by a Member to rent a product for the specified Rental Period.
"Rental Start Date": the date upon which the rental of a product begins (and for the avoidance of doubt,
includes bank holidays, weekends and any other public holidays), this date will be outlined in your confirmation
email and available on your account dashboard.
"Renter": a Member who rents a product on the HURR Platform.
"Rental Terms": the additional terms incorporated into these Terms that apply to Renters which can be found
here.
"Replacement Value": a reasonable estimate of the current market value of a product by HURR. HURR shall
determine the value in its sole discretion and its determination shall be final and binding.
"Review": a brief summary of a Renter or Lender’s experience of Renting or Lending or a Buyer or Seller’s
experience of purchasing or selling a product (as applicable) via the HURR Offering.
"Sale Terms": the additional terms incorporated into these Terms that apply to the sale of a product which can
be found here.
"Security Deposit": means the security deposit applied to products over a certain value amount and determined
by HURR or the Lender of a product, the sum of which shall be held on the Renter’s payment card until the
product is returned and confirmed to be in good condition with no damage.
"Seller": The seller of pre-loved clothing via the HURR Platform.
"Service": the renting, lending, purchase or sale of pre-owned clothing by a Member via the HURR Offering.
"Service Fee": shall mean:,
(a) as a Lender, you agree to pay HURR a commission payment equating to 15% of the Rental Fee;
(b) as a Renter, you agree to pay HURR a commission payment equating to 15% of the Rental Fee; and / or
(c) as a Seller, you agree to pay HURR a commission payment equating to 12% of the Purchase Price, excluding
delivery costs.
For the avoidance of doubt, the Service Fee shall be in addition to the Rental Fee or Purchase Price (as
applicable) and not comprised within it.
"Terms": means these terms and conditions, the Renters’ Terms, the Lenders’ Terms, the third-party terms and
conditions which are incorporated into these terms and conditions by reference, the Privacy Policy and the
Cookie Policy.
"Third-Party Content": means links or references to third party websites, products, services, materials or content.
"Trader Seller": a Seller acting for purposes relating to that person’s trade, business, craft or profession, whether
acting personally or through another person acting in the trader’s name or on the trader’s behalf (as specified
as Managed on the Hurr Platform).
"Users": refers to Members and visitors to the HURR Platform who are not registered as Members and "User"
shall be construed accordingly.
WHO WE ARE:
Unless expressly provided otherwise, the role of HURR shall be limited to providing the intermediary platform
between Members, HURR will not act asUSE
a Lender
or Seller and at no point in time will HURR become the owner
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of a product. At all times, Members act for and on behalf of themselves and never as an agent or representative
of HURR. HURR is not a party to any Service between Members and hereby disclaims all liability in respect
thereof. The HURR Offering is owned and operated by HURR Limited, a private limited company registered in
England and Wales under company number 11262189 and with a registered office at 85 Great Portland Street,
First Floor, London, W1W 7LT.
WHEN YOU USE THE HURR OFFERING:
By selling, lending, buying, or renting a product, you understand that you are entering into a binding
agreement and hereby agree and undertake to abide by the Terms for the duration of the Service.
If HURR is sued due to an action or inaction by a Member (including a breach of these Terms) then we have the
right, at our discretion, to request that you indemnify us (i.e. cover all our costs including legal fees) and hold us
harmless from any legal claim or demand for expenses or costs that arises as a result and which are reasonably
incurred by us. Where we decide to conduct the defence of such claim, you agree to assist us as reasonably
requested.
CHANGES:
We reserve the right to make changes to the HURR Offering and to these Terms to (without limitation): reflect
changes in relevant laws and regulatory requirements, implement minor technical adjustments and make
improvements to the HURR Offering. These changes will not materially affect your use of the HURR Offering
however we do recommend that you revisit these Terms each time you use the HURR Offering to familiarise
yourself with any amendments.
We are always looking at new ways and innovative features to improve the HURR Offering. Whilst implementing
these updates, we may need to reset, stop offering or supporting a particular aspect or feature of the HURR
Offering. These changes may affect your past activities, current features and Content you have posted and any
other information you have submitted to the HURR Platform. Once we have made the changes to any part of the
Services, your acceptance will be inferred from your continued use of the HURR Offering.
If we intend to make any significant changes to the HURR Offering or these Terms, we will notify you in advance
in writing and provide you with an opportunity to cease use of the HURR Offering before the changes take
effect.
ACCESS AND AVAILABILITY:
We will use all reasonable endeavours to ensure that the HURR Offering is fully operational at all times, however,
we do not guarantee that the HURR Offering will be uninterrupted.
Access to the HURR Offering is permitted on an "as is" temporary basis. We may suspend, withdraw, discontinue
or change all or any part of the HURR Offering without notice. We will not be liable to you if the HURR Offering
is unavailable at any time or for any period of time.
You are responsible for making all arrangements necessary to facilitate access to the HURR Offering. You will
also be responsible for ensuring that all persons who access the HURR Offering through your internet
connection are aware of these Terms and that said persons remain in compliance with these Terms at all times.
GENERAL TERMS
1. USE
OF HURR PLATFORM
A. Registration
To access and use the full range of HURR Offerings, you will be required to set up an account and register to
become a Member. You must become a Member to rent, buy, lend, or sell a product through the HURR
Platform.
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You will be required to supply certain information, including personal information, in order to complete the
registration form successfully. You may create an account by using an email address and password or by
connecting through a social media account (e.g. Facebook and Google). You are the only person authorised to
access and use your account and your account is non-transferable. HURR is under no obligation to accept any
individual as a Member and reserves the right to accept or reject any membership application at its sole and
absolute discretion.
You will also have the opportunity to sign up for marketing emails to hear about all of the latest news and styles
at HURR (you can unsubscribe at any time by clicking the link in any emails you receive from us). For more
information about how we use your personal information, we recommend that you review HURR’s Privacy Policy
here.
You must be over 18 years of age to create a HURR account and you represent and warrant that you are over 18
years of age and have the legal capacity in the United Kingdom to enter into a legally binding agreement. For
the avoidance of doubt, parents or legal guardians may not agree to these Terms on behalf of children under
the age of 18 in order to facilitate the renting of products via the HURR Offering.
If you are registering an account on behalf of a company or other entity, you represent and warrant that:
● you
have the necessary authority and capacity to bind the company or the entity (as applicable);
● you
are entitled to give us the licenses and permissions required under these Terms; and
● all
information and details provided by you to us at the point of registration or otherwise are true,
accurate and up to date in all respects.
You can update or correct your personal details or the details in respect of a company or other entity (as
applicable) at any time in your account dashboard or by emailing us at contact@hurr.com.
You are responsible for maintaining the confidentiality of your account details and for any activities that occur
under your account. If you have any concerns that your account has been misused, you should contact us at
contact@hurr.com.
You represent and warrant that you have all relevant rights, licenses and/or approvals in relation to any Content
you post on the HURR Platform.
HURR reserves the right to deactivate an account at any time, including, without limitation, if it is determined
that a Member has violated these Terms or any aspect thereof.
Unless expressly authorised by HURR in writing, you may only register one (1) account.
A public username is automatically created at registration using a combination of characters from your
forename and surname. Your username is visible to all Users. You can change your username at any time via
your dashboard provided that the username is not already in use by another Member. Members can use the
"Search" tool to search for other Members by (i) username; or (ii) forename. The "Search" tool does not facilitate
searches by email address.
HURR reserves the right in its sole and absolute discretion to refuse to grant a User a particular username,
including if the username is: impersonating someone else, protected by a trademark or other third-party
intellectual property rights, vulgar or offensive to any individual or group of individuals, unsuitable,
discriminatory, threatening, abusive, defamatory, obscene, inappropriate, infringing, indecent or otherwise does
not comply with these Terms or the ethos of HURR. Please note that this list of circumstances is not exhaustive.
If HURR needs to contact you in relation to the HURR Offering, it will be in accordance with the preferences and
contact details indicated by you at registration or checkout. If you have indicated that your preferred method of
contact is via telephone, we, and any other third parties appointed to fulfil the provision of the HURR Offering,
may contact you by telephone call or text message, including by an automatic telephone dialling system.
Standard message and data rates charged by your mobile carrier may apply to the text messages we send you.
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B. Changes
to information
You represent and warrant that all information provided at the point of registration is truthful and accurate and
you undertake to update any inaccurate information as soon as reasonably practicable.
C. Refer
a friend
Our "Refer a Friend" programme allows any Member of our community to refer another person to sign up to the
HURR Platform. Once that person has registered to become a Member, they will receive an incentive to transact
on the HURR Platform. Once they have successfully transacted on the HURR Platform, the referrer will receive a
reward for the successful referral.
The referrer and the referee shall be granted certain rights in accordance with the provisions of the current
referral business model.
D. HURR
Offering
Upon the successful registration of your account with HURR and subject always to compliance with these Terms,
HURR grants you a revocable, non-transferable, non- exclusive, non-sublicensable, license to access and use the
HURR Offering for your personal use.
You agree to indemnify HURR against any claims made or threatened against HURR by another person arising
as a result of your breach of the Terms.
E. Ancillary
HURR Offering
i. Promotional
activities
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made
available through the HURR Offering may be governed by rules that are separate from these Terms. If you
participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these
Terms, the Promotion rules will take precedence.
ii. "Offer
To Buy"
The "Offer To Buy" functionality available on the HURR Platform enables a Buyer to confidentially negotiate the
price of a product by sending an offer to the Seller, who may either accept it or reject it, or make a counter-offer
to the Buyer. If a sale is agreed, the Sale Terms shall apply to the sale of that Product.
F. Unauthorised
use of the HURR Offering
Please notify us immediately if you learn or have reason to suspect that unauthorised use of your account or any
security incident has occurred, is occurring, or is likely to occur. You will be responsible for maintaining the
confidentiality and secrecy of your account login details and shall be fully and solely responsible for all activities
that occur on your account.
You acknowledge and accept that your use of the HURR Offering is subject at all times to compliance with these
Terms and you hereby agree and undertake not to:
i. post
or transmit any Content, information or other materials on the HURR Platform that are, or which HURR
considers in its sole discretion to be, unlawful, inappropriate, indecent, harmful, threatening, abusive,
harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined
by race, religion, gender, national origin or sexual orientation, lewd, lascivious, violent, harassing or
otherwise objectionable, including without limitation, expressions of bigotry, prejudice, racism, hatred or
profanity;
ii.
introduce to the HURR Platform or distribute any viruses, trojans, worms, logic bombs and/or any other
material which is malicious or technologically harmful;
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iii. display
material on the HURR Platform that exploits children under the age of eighteen (18);
copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit,
iv.
communicate to the public, or otherwise distribute any Content, web pages or materials available on the
HURR Platform and owned by HURR or a third party save with the prior written consent of HURR;
v. infringe
the Intellectual Property Rights of HURR or any third party;
post, collect or disclose on the HURR Platform any personally identifying information (including account
vi.
names) or private information about children or any third parties without their consent (or their parent's
consent in case of a child under eighteen (18) years of age);
post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on
vii.
the HURR Platform, including without limitation, solicitations of credit card numbers, or promotions of raffles
or contests;
viii. violate
these Terms or any applicable domestic or international laws or regulations;
ix. use
the HURR Offering to develop a service or product which competes with any aspect of the business of
HURR;
x.
attempt to gain unauthorised access to the HURR Platform, the server on which the HURR Platform is
stored, or any server, computer or database connected to the HURR Offering;
xi.
attack the HURR Offering or any aspect thereof via a denial-of-service attack or a distributed denial-of
service attack; a breach of this provision is a criminal offence under the Computer Misuse Act 1990 and we
will report any such breach to the relevant law enforcement authorities and cooperate with those authorities
by disclosing your identity to them;
xii.
use the member-to-member communication system on the HURR Platform to send content that violates
these Terms or constitutes spam of any kind; we reserve the right to scan internal messages between
Members to check for spam, phishing, viruses and other malicious, prohibited or illegal behaviours or
content (please note that internal messages sent via the HURR Platform are not stored indefinitely and HURR
disclaims all liability for reliance placed on said storage);
xiii. sell
or lend any counterfeit products or otherwise infringe the copyright, trademark or other rights of third
parties;
xiv. write,
xv. use
post and/or share untruthful, misleading, false or inaccurate Reviews;
the HURR Offering to intentionally deceive other Users;
xvi. repeatedly
xvii.
cancel rentals;
engage in any activity which constitutes Fee Avoidance (which shall be determined by HURR in its sole
discretion);
xviii. engage
in any activities which are illegal, dishonest or fraudulent;
collect information about other Users or post information on the HURR Platform about other Users,
including email addresses, postal addresses, phone numbers, credit card or banking information or similar
xix.
information without their explicit consent;
xx. impersonate
xxi.
any person or misrepresent your affiliation with a person or entity;
attempt to or permit any third party to use any device, software, malicious code or destructive routine
intended to damage or otherwise interfere with the proper functioning of the HURR Offering, including
without limitation, servers, third-party services or networks connected to the HURR Offering or security
measures used in connection with the HURR Offering;
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xxii. use
any robot, spider, scraper or other automated means to access the HURR Offering and/or collect data
for any purpose;
xxiii. take
any action that interferes with another User’s use of the HURR Offering or the proper functioning of
the HURR Offering;
xxiv. attempt
to or engage in actions which might reasonably cause loss to a User or to HURR;
xxv. attempt
to use or continue to use the HURR Offering if you have been suspended or banned from use;
xxvi.
attempt to or engage in actions to reverse engineer, decompile, disassemble, translate, derive or
interfere with the source code for the HURR Platform; or
xxvii.
use the HURR Offering in a manner which HURR considers in its sole discretion to be harmful to the
business of HURR.
If HURR determines, at all times acting reasonably, that any of the activities listed at (i) to (xxvii) above have
occurred, this will constitute a material breach of these Terms. HURR reserves the right to take any or several of
the actions outlined immediately below. HURR may:
i. revoke
your license to use the HURR Offering, such revocation will occur immediately without further notice
to you;
ii. cancel
any existing Services which you are party to;
iii. refuse
to List any further products pertaining to you;
iv. remove
v. restrict,
G. Account
any Reviews or Content pertaining to you from the HURR Offering; and/or
suspend or terminate your use of the HURR Offering.
security
The HURR Platform contains a feature which allows you to remain logged into your account so that you can log
in automatically and conveniently each time you access the HURR Platform. You acknowledge and agree that
you will be responsible for any damage or loss to HURR or the HURR Offering arising from or relating to
unauthorised access to the HURR Offering from your account and you hereby agree to indemnify HURR against
any claims made or threatened against HURR, or any loss or damage arising from or relating to such
unauthorised access. HURR will have no liability to you or any third party for damage or loss related to or arising
from such unauthorised access or use.
H. Interruptions
to the HURR Offering
The HURR Offering may be subject to limitations, delays and other problems inherent in the use of such
communications facilities and you acknowledge that the HURR Offering:
i. will
not be uninterrupted or error-free;
ii. may
iii.
experience delays and contain inaccuracies;
may become unavailable from time to time due to maintenance requirements, malfunction or otherwise;
and
iv. will
not be free from vulnerabilities or viruses.
HURR will not be responsible or liable to you for any loss or damage arising from or relating to delays, delivery
failures, or any other loss or damage arising from or relating to the transfer of data over communications
networks and facilities, including the internet, viruses, worms or other programmes designed to impair the
HURR Offering.
2. INTELLECTUAL
PROPERTY
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You acknowledge and accept that your use of the HURR Offering does not confer on you any Intellectual
Property Rights owned by HURR or its licensors (as applicable) and you hereby agree and undertake that you
shall not attempt to register, register, or use, any trademarks, domain names, trade names or derivations thereof
that may imitate or are similar enough to those owned by HURR as to be confusing and you shall not, under any
circumstances, attempt to or harm, tarnish or damage the HURR brand or perception of HURR in any way,
knowingly or otherwise.
We are the owner or licensee of all Intellectual Property Rights in the HURR Offering, the Content and in the
material published on the HURR Platform (including text, graphics, logos, icons, images, sound clips, video clips,
data compilations, page layout, underlying code and software). Those works are protected by copyright laws
and treaties around the world. All such rights are reserved.
Unless any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply, Users
agree not to otherwise reproduce, duplicate, copy, resell or in any other manner re-use or exploit any part of the
HURR Offering or Content on the HURR Platform unless HURR has provided its prior written consent to do so.
You acknowledge and accept that you have no Intellectual Property Rights arising from the HURR Offering or
the Content and you hereby agree and undertake that you will not use the HURR Offering or the Content save
as in accordance with these Terms. It is your sole responsibility to ensure you have all necessary rights and
licenses to use and/or submit materials and Content to the HURR Platform.
You must not extract or otherwise use any Content or data on the HURR Platform for commercial purposes.
A. HURR
Content
All Content and information available through the HURR Offering, including but not limited to, product
descriptions and specifications, product photos, advice from stylists and photos are available to you on an "as
is" basis and is to be used for general information purposes only.
Such information is provided on an anonymous basis, without any knowledge as to your identity or specific
circumstances. We will update the Content as we deem appropriate and without advance notice to you.
B. Third-Party
Content
The HURR Offering may contain links or references to non-HURR websites, products, services or other materials
or Content. This Third-Party Content is provided to you as a convenience, and HURR is not responsible for any
Third-Party Content or the actions of those that provide or use such Third-Party Content. Any Third-Party Content
is independent from HURR, and HURR has no control over the Third-Party Content.
In addition, a link to any Third-Party Content does not imply that HURR endorses, approves of or accepts any
responsibility for the Third-Party Content or its provider, or vice versa. You acknowledge and agree that we will
not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in
connection with or resulting from your use of or reliance on any such Third-Party Content. We strongly
encourage you to review any separate terms and conditions of use, privacy policies and cookie policies
governing these third-party websites and Third-Party Content.
C. Content
usage by Users
Save for Content uploaded by you, no part of the HURR Offering or Content may be reproduced or transmitted
in any form, by any means, electronic or mechanical, including photocopying and recording, except that HURR
authorises you to view, copy, download, and print Content (such as press releases and FAQs) that are available
on the HURR Platform, provided that: (a) you use the Content solely for your personal, non- commercial,
informational purposes; (b) you do not modify the Content; and (c) you do not remove any copyright,
trademark, and other proprietary notices on the Content.
D. Listings
and Content uploaded by Members
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You represent and warrant that you own all Intellectual Property Rights in the Content and its publication will not
infringe upon the rights of any third party (including Intellectual Property Rights).
You hereby agree to indemnify HURR against, and shall pay to HURR a sum equal to, all liabilities, costs,
expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of
profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis)) suffered
or incurred by HURR arising out of or in connection with an infringement of the rights of any third party
(including Intellectual Property Rights).
By creating a Listing or uploading Content to the HURR Platform, you acknowledge and agree that you are
granting HURR a worldwide, non-exclusive, royalty-free, irrevocable, sublicensable, transferable and perpetual
license to modify, compile, combine with other Content, copy, record, synchronise, transmit, translate, format,
distribute, publicly display, publicly perform, and otherwise use or exploit your Content as reasonably necessary
to provide, advertise and promote the HURR Offering.
In relation to Content uploaded by you to the HURR Platform, you acknowledge and agree that:
i. all
ii.
photographs must be true, accurate and un-edited photographs of the product(s);
HURR may modify the presentation of the photographs of the products (e.g. by resizing the photographs
or removing the background of a product so that it appears over a white background);
iii. the
iv.
Content will be accessible by others;
you are waiving any rights to confidentiality, including without limitation, any personally identifying
information contained in the Content;
v. Content
may be displayed and shared in online and offline advertisements, emails, and on other websites
and applications to promote HURR and increase the visibility of the HURR Offering; and
vi. the
Content is wholly your responsibility.
HURR reserves the right to remove any photographs which it considers in its sole discretion to be:
i. tampered
ii. of
with;
less than acceptable quality;
iii. unfit
for the purpose of accurately displaying the product(s); or
iv. infringing
the Intellectual Property Rights of any third party.
HURR’s decision to remove a photograph shall be final.
You understand that the Content you upload will not be constantly monitored by HURR and you hereby agree
and undertake not to upload Content which is unsuitable, offensive, discriminatory, threatening, abusive,
defamatory, obscene, inappropriate, infringing, indecent or which does not comply with these Terms. If HURR
determines that the Content is inappropriate for any of the aforementioned reasons, it reserves the right to
remove the Content immediately without any further notice to you.
HURR may be required to obtain additional information from third parties in respect of a Listing if a product is
uploaded without all requisite details, including without limitation, specifications, images, and additional
descriptions. HURR reserves the right to amend a Listing to include additional details and shall not be obliged
to provide you with the opportunity to approve any changes to the Listing in advance. HURR shall use its
reasonable endeavours to ensure the accuracy of any additional information but shall not be liable for any
inaccuracies or any losses or damages resulting therefrom.
You acknowledge and agree that HURR shall not be liable for any loss, damage or liability resulting from your
reliance on Content posted on the HURR Platform by other Users and any reliance thereon is entirely at your
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own risk.
If any of the Content posted or submitted to the HURR Offering by another User makes you feel threatened,
discriminated, abused or otherwise uncomfortable, or if you believe any such Content is offensive or otherwise
breaches these Terms, please notify us at https://help.hurrcollective.com/hc/en-us/requests/new.
i. If
HURR determines, in its sole discretion, that: the description of a product is incorrect or inaccurate (due to
negligence, misrepresentation or otherwise);
ii. you
have fraudulently misrepresented the true description of a product; or
iii. you
have wilfully concealed the true description of a product, (the "Offending Content"),
without any delay or notice, HURR may:
i. promptly
remove (or ask you to promptly remove) the Offending Content from the HURR Platform;
ii. permanently
iii. restrict
your access to the HURR Offering;
iv. temporarily
v. terminate
vi. take
or temporarily restrict your ability to upload any additional Content to the HURR Platform;
or permanently disable your access to the HURR Offering;
any pending Services; and/or
any other action which it considers necessary to remedy the breach.
The order of Listings which appear in search results is not indicative of a preference for any particular Listing,
Lender or Seller by HURR and is dependent on various factors, including without limitation, the search
parameters employed by a Renter or Buyer, the price of the product, availability of the product, prior
cancellations and Reviews.
3. FEES
AND CHARGES
All fees are payable in British Pound Sterling (£) and are subject to change over time, any amendments to fees
will be updated and reflected on the HURR Platform.
We work with Stripe to manage our secure payment process and you acknowledge and consent to us sharing
your information with Stripe for the purposes of providing the HURR Offering. From time to time, Stripe may
require further identification checks and you will be required to provide the further information requested to
ensure your continued use of the HURR Offering.
Members are solely responsible for any obligations they may have to pay any applicable taxes and make any
required reporting to tax authorities, including but not limited to, VAT and other sales, rental, tourist, income or
other taxes.
If you do not post the product back before 12pm (noon) on the Rental End Date, you acknowledge and agree
that HURR may, in its sole discretion, charge your Payment Method with any number of the following fees:
i. the
ii. all
applicable Rental Fee pro rata to the number of additional days you keep the product;
applicable taxes to the Service; and
iii. any
reasonable legal expenses incurred by HURR in retrieving the product
The funds required to cover such charges will be taken from your bank account without your prior consent
being sought.
All fees are payable in British Pound Sterling (£) and are subject to change over time; any amendments to fees
will be updated and reflected on the Platform.
4. MEMBERS'
LIABILITY
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You are responsible for having sufficient funds available to replace lost or damaged product(s) up to the sum of
the Replacement Value of each product. If you are unsure what the Replacement Value of a product is, please
contact HURR for the Replacement Value before booking your rental. DO NOT RENT A PRODUCT UNLESS
YOU HAVE SUFFICIENT FUNDS TO COVER THE REPLACEMENT VALUE.
HURR has the sole and absolute discretion to determine an appropriate Replacement Value for any product, the
figure determined by HURR shall be binding.
In the event of the loss or damage of a product, HURR shall be entitled to charge your Payment Method with an
amount per damaged or lost product up the Replacement Value of each product. Funds will be taken from your
account to cover outstanding charges without your prior permission being sought and you hereby consent and
authorise HURR, at all times acting reasonably, to do so in these circumstances.
HURR may contract a debt collector or file a claim via the courts to collect any outstanding payment that you
have refused to pay for the damage or loss of products and all reasonable expenses incurred in the process of
recouping the outstanding sums shall be added to the debt that we are collecting from you.
5. HURR'S
LIABILITY
You acknowledge and agree that you buy, sell, rent or lend products entirely at your own risk. HURR does not
endorse or guarantee any product or User of the HURR Offering or make any assertions as to their
trustworthiness. HURR does not accept any liability for a party’s performance throughout the course of a Service.
As we are not the Seller or Lender of the products, we have no control over the products and therefore do not
give any commitment relating to the existence, quality, safety, genuineness or legality of a product and we
hereby exclude any and all conditions, warranties, or representations both implicit or explicit relating to quality,
merchantability, durability, fitness for purpose, and those arising by statute.
We expressly exclude any and all conditions, warranties or representations both implicit or explicit and liability
relating to or arising from the truth or accuracy of a Listing or any aspect thereof or any other Content made
available by Users, the ability of Sellers or Lenders to sell or lend a product, the ability of a Buyer or Renter to
pay for the product or to pay the Rental Price or that any party will actually complete the Service or send or
return a product.
You decide whether to proceed with the Service and HURR shall not be liable for any delays in the delivery of a
product, return of a product or any loss or damage to a product should the delivery information, address or
location provided by a Member be unsecure or unsuitable.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these
Terms, we are responsible for loss or damage you suffer that is a foreseeable result of us failing to comply with
these Terms or our failing to use reasonable care and skill whilst providing the HURR Offering, but we are not
responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is either obvious
that it will happen, or, if at the time the Service was entered into, both HURR and you knew that it might happen,
for example, if you discussed it with us prior to entering into the Service.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This
includes liability for death or personal injury caused by our negligence or the negligence of our employees,
agents or subcontractors or for fraud or fraudulent misrepresentation.
If we have supplied you with Content or an update to the HURR Platform which is defective and our failure to
use reasonable care and skill causes damage to a device or digital content belonging to you, we will either
repair the damage or pay you compensation for losses arising directly therefrom. However, we will not be liable
for damage which you could have avoided by following our advice to apply an update offered to you free of
charge or for damage which was caused by you failing to correctly follow installation instructions or to have in
place the minimum system requirements advised by us.
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To the maximum extent permitted by the law, our total responsibility for any claims relating to the Service is
limited to the Service Fee payable in connection with the Service.
For any other claims arising out of the provision of the HURR Offering (including without limitation any dispute
between Members in relation to any Content you access via the HURR Offering or any other Member you
interact with), we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise),
except where, as mentioned above, we cannot disclaim, exclude or limit responsibility by law (such as death
and/or personal injury caused by our negligence).
We are not liable for business losses, indirect losses and/or financial and business loss, or loss of goodwill or
reputation. We only provide the HURR Offering for domestic and private use. If you use the products for any
commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
6. LENDER
AND SELLER WARRANTIES AND REPRESENTATIONS
If you are a Lender or Seller, by Listing your product(s) for rent or sale on the HURR Platform, you warrant and
represent that:
i. you
ii.
have read and accepted these Terms;
you understand that HURR is providing you with access to the HURR Platform and associated platform
intermediary services;
iii. you
accept that the supply of the products is made from you to the Renter/ Buyer;
iv. you
own or have the right to provide the product(s) to a Buyer/ Renter;
v. you
will not provide any product(s) that are defective or malfunction;
vi. you
will not list any counterfeit product(s);
vii. you
will accept the Replacement Value set by HURR for any product;
viii.
you have given a truthful and accurate description of the product’s characteristics, including but not
limited to, recent photographs and an accurate Replacement Value (if applicable);
ix. the
products will conform to any descriptions provided, will be fit for purpose and safe to use;
the product(s) will be professionally cleaned and delivered to the Renter or Buyer in a "ready to wear"
condition and that the products will match the item description on the Listing and be a true and fair
x.
representation of their current condition;
xi. the
xii.
information in your profile is up to date;
you will not attempt to approach Renters or Buyers outside of the HURR Offering (including for the
purpose of Fee Avoidance);
xiii. you
xiv.
will not engage in Fee Avoidance; and
ou will use a reputable courier or postal service for the purposes of delivering the product to the Renter
or Buyer in a timely manner and in accordance with any dates and/or times agreed in the Service.
You hereby acknowledge and agree that:
i.
HURR has the right to increase the Rental Fee or Purchase Price of any product you list on the HURR
Platform based on the demand for that product or similar products;
ii.
HURR has the right to increase or decrease the Rental Fee within ten percent (10%) of the original Rental
Fee listed on the basis of demand for that or similar products(s);
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iii. you
are solely responsible for complying with any obligations you have under these Terms and applicable
law with respect to the products which you List on the HURR Platform, including giving effect to Buyers' and
Renters’ rights under applicable law (including cancellation and return rights where applicable) and
compensating any damage occurred by the Buyer or Renter or any other person caused by your product;
and
iv.
you shall review the Rental Request for a product before accepting it and only accept a Rental Request
where you intend to fulfil it.
7. LISTINGS
HURR may perform a quality control check to ensure any Listing corresponds with the product displayed.
However we shall not check whether the product or the description of the product in the Listing meets the
Renter's or Buyer’s expectations. Therefore, HURR does not guarantee that the Renter or Buyer will find the
product satisfactory, whether from an aesthetic point of view or from a practical point of view, as to its use. Any
deliveries that are arranged by HURR and fulfilled by its delivery partners shall not imply that HURR is a party to
the contract between the Lender and the Renter, or the Seller and Buyer (as appropriate).
It shall be the sole responsibility of the Lender/ Seller to respond to any claim or complaint regarding the
products that they have Listed, their description, or the comments of any User about the product, the Listing or
the dispatching and delivery of the products by the Lender/ Seller.
8. CONTACT
The HURR Offering allows Members to directly contact each other. Buyers and Renters can gain more
information about the product(s) they wish to rent or purchase, and Lenders and Sellers can gain more
information about the about Buyers' and Renters' interest in product(s). Communications must comply with
these Terms at all times and should not under any circumstances be used to:
i. send
unsolicited publicity or commercial content;
ii. exercise
psychological pressure on another Member or send them offending content; or
iii. attempt
to complete a transaction outside of the HURR Offering for the purpose of Fee Avoidance.
You acknowledge and accept that the HURR Offering is not permitted to be used for:
i. contacting
ii. abuse
someone who does not want to be contacted;
or harassment;
iii. concluding
a transaction outside of the HURR Offering for the purposes of Fee Avoidance; or
iv. unsolicited
advertising, promotions, spam or donation requests.
You agree to contact the relevant Member directly regarding any problems you may have with the product(s)
and the Service.
9. REVIEWS
We encourage you to leave a Review of the product Renters or Buyers have purchased or rented including
(without limitation) the condition of the product and overall experience. Reviews help Lenders and Sellers build
a reputation on the HURR Platform. When providing a Review, you understand that your Review:
i. will
be public and visible on the Lender's account pages;
ii. must
not include the following:
● personal
information;
● offensive,
abusive or harassing images or language;
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● unnecessary
● anything
● content
or inaccurate information;
intended to undermine our integrity; or
aimed at sabotaging the reliability of HURR’s Review structure.
Any behaviour aimed at modifying the content of Reviews through manipulation, coercion, psychological
pressuring or corruption is strictly banned.
You hereby agree and undertake not to attempt to or directly or indirectly manipulate Reviews in any way. And
we reserve the right to remove any Review we believe has violated these Terms.
10. DELIVERY
/ DISPATCH / RETURNS
The product(s) may be sent by HURR, the Lender or the Seller. If a product is dispatched directly by the Lender
or Seller, the delivery timescale and tracking number shall be stated by the Lender or Seller.
A. DISPATCHED
BY LENDER / SELLER
If a Lender's or Seller’s delivery carrier has used reasonable endeavours to deliver a product to the Renter or
Buyer and those endeavours have proven unsuccessful, for instance, if the address provided is incorrect or
incomplete or the parcel is sent back due to non-acceptance by the Renter or Buyer, the product shall be
returned to the Lender or Seller.
B. DISPATCHED
BY HURR
All deliveries marked as "Managed" on a Listing will be sent through HURR’s delivery partners, which may be
updated from time to time at HURR’s discretion. The delivery method used will be at the discretion of HURR.
HURR or its delivery partners will contact the Buyer or Renter with a tracking number that provides information
about estimated delivery and arrival times of Rented products.
If HURR’s delivery partners have used reasonable endeavours to deliver a product to the Renter or Buyer and
those endeavours have proven unsuccessful, for instance, if the address provided is incorrect or incomplete or
the parcel is sent back due to non- acceptance by the Renter or Buyer, an email will be sent to the Renter or
Buyer to notify them.
HURR disclaims any liability in the case of loss of or damage to a product while in transit to HURR.
C. RETURNS
TO HURR
This section applies to Products dispatched by Hurr.
HURR will deliver the product with a prepaid, pre-addressed reusable return packaging (the "Return
Packaging") together with instructions for your use in returning the products to HURR. If you lose the Return
Packaging, please contact us at https://help.hurrcollective.com/hc/en-us/requests/new to request new Return
Packaging. You hereby consent to HURR charging your Payment Method for the cost of the lost Return
Packaging.
If a product is not returned to HURR in the Return Packaging provided, HURR may, at its sole discretion, charge
you for the cost of the Return Packaging and you hereby consent to payment being taken from the Payment
Method without any further notice to you.
D. RETURNS
TO A LENDER OR SELLER
This section applies to Products dispatched by a Lender / Seller
A product should be returned to the address indicated by the Lender/ Seller. HURR disclaims any liability in the
case of loss of or damage to a product prior to or while in transit to a Lender/ Seller.
E. DELIVERY
LIABILITY
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A product shall remain the property of the Lender, Seller or HURR (as applicable), unless the Product is
purchased by a Buyer in which case title in the Product shall pass to the Buyer on full payment being received
by HURR.
The transfer of the risks of loss or damage to a product shall take place upon receipt of the product by the
Renter or Buyer or by a third party that the Renter or Buyer shall have commissioned or instructed to act on their
behalf. The Renter or Buyer shall therefore be liable for any damage caused to a product or the loss of a
product after it has been received.
In the event that a delay in the delivery of a product occurs and as a result you wish to cancel the Service, you
hereby agree and undertake to use a reputable courier or postal service for the purposes of returning the
product to HURR at the below address or a Lender/Seller at the address indicated by them in a timely manner
and in accordance with any dates and/or times agreed in the Service:
HURR Limited, 85 Great Portland Street, First Floor, London, W1W 7LT
11. STOPPING
USE OF THE HURR OFFERING
Save for Services which are currently in progress, you may cease using the HURR Offering at any time. You may
delete your account by emailing us at deleteaccount@hurrcollective.com. You acknowledge and agree that your
Content may continue to be used and displayed by HURR on the HURR Platform even after such deactivation.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including
for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate
retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the
potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we
process your personal data and whether we can achieve those purposes through other means, and the
applicable legal requirements.
12. GENERAL
SELLER AND RENTER PERSONAL INFORMATION
As a User of the HURR Offering, you consent to us handling your personal data in accordance with the Privacy
Policy.
For details about which cookies are collected and how to manage cookies, please see the Cookie Policy.
13. DISPUTES
A. Disputes
between Members:
If you have a dispute with another Member, you hereby agree and undertake to release us (including our
agents, directors, officers and employees) from any claim, demand or damage of any kind and nature that has
arisen from the dispute, both knowing and unknowing.
Members in dispute with each other must first attempt to resolve the issue via the following process:
i. the
disputing party must raise the issue directly with the other Member and give reasons for the dispute;
a. if
a Member accepts the disputing party's reasons for the dispute, the Lender or Seller may resolve
the issue by issuing a refund or raising a charge via their Dashboard;
b. if
a Renter or Buyer receives a charge from a Lender or Seller, they shall either accept or decline this
charge within 5 days of notification of such charge issued by the Lender or Seller.
ii. notwithstanding
the above, if you and another Member are unable to resolve the issue, HURR will make all
reasonable efforts to mediate an equitable outcome.
In the event that substantial costs are incurred as a result of HURR’s provision of mediation services, HURR may
invoice you for a reasonable reimbursement in respect of these costs (the "Mediation Costs").
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B. Disputes
between you and HURR:
In the event that you have a dispute with us, please contact us directly at https://help.hurrcollective.com/hc/enus/requests/new so that a resolution can be found.
(i) Informal
Dispute Resolution
Both you and HURR agree that in the event of a dispute, you and HURR will first contact the other party and
make efforts in good faith to resolve the dispute before resorting to more formal means of resolution.
(ii) Formal
Dispute Resolution
In the unlikely event that we have not been able to resolve a dispute informally, each party reserves the right to
seek relief in court.
14. General
These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous
terms and conditions, agreements, promises, assurances, warranties, representations and understandings
between us, whether written or oral, relating to the HURR Offering. Each party agrees that it shall have no
remedies in respect of any statement, representation, assurance or warranty (whether made innocently or
negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or
negligent misrepresentation or negligent misstatement based on any statement in these Terms.
No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall
constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that
or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the
further exercise of that or any other right or remedy.
In the event that any part of these Terms is found by a court to be unreasonable, unenforceable or void, that part
shall be severed, and the remainder of the Terms shall be enforceable with such deletion or modification as may
be necessary to make it effective and for such period as is found to be reasonable and valid.
Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between
any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into
any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not
for the benefit of any other person.
HURR may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other
manner with any or all of its rights and obligations under these Terms. You shall not assign, transfer, mortgage,
charge, subcontract, delegate, declare a trust over or deal in any other manner with any of your rights and
obligations under this agreement.
Time is of the essence for all times, dates and periods specified in these Terms which means that any delay of
performing a duty will justify termination of our agreement with you.
Any notice required to be given to HURR in connection with these Terms shall be in writing and must be sent by
email to https://help.hurrcollective.com/hc/en-us/requests/new.
Notice to you shall be sent via email to the email address provided by you at registration. Any communications
shall be deemed to have been received on the next business day after sending.
Unless it expressly states otherwise, these Terms do not give rise to any rights under the Contracts (Rights of
Third Parties) Act 1999.
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in
connection with them or their subject matter or formation shall be governed by and construed in accordance
with the law of England.
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Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any
dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms
or its subject matter or formation.
RENTAL TERMS
In addition to the General Terms, the following provisions shall apply to you whilst using the HURR Offering in
the capacity of a Renter or Lender.
a. Condition:
Use of the products
You acknowledge and accept that use and wear of the product is entirely at your own risk and HURR shall not be
held liable for any health-related complaints associated with any product. You agree and undertake to use best
endeavours to maintain the condition of all products, we ask that you treat it as if it was your own or borrowed
from a close friend.
You acknowledge and accept that you are responsible for loss, destruction or damage to a product due to theft,
mysterious disappearance, fire, major stains or any other cause resulting in the loss of or irreparable damage to
a product. If you have purchased Damage Protection, you shall not be liable for any damage which HURR
considers in its sole discretion to be minor, including but not limited to, minor stains, rips, missing beads and
broken or stuck zippers.
If you lose a product or return a product that is materially damaged, you agree and acknowledge that we will be
entitled to charge your Payment Method with an amount per lost or damaged product up the Replacement
Value of each product and you hereby consent thereto.
b. Renting
Services
If your Rental Request is accepted by a Lender, the Lender shall grant to you a limited license to use the
product(s) for the duration of the Rental Period in accordance with these Terms and your agreement with the
Lender.
By submitting a Rental Request, you consent and warrant that:
i.
you have read the product description and accepted these Terms before making the request to rent a
product;
ii.
you understand that HURR is providing you with access to the HURR Platform and associated platform
intermediary services, and that the supply of the loaned items is made to you by the Lender;
iii. your
iv. you
profile information is up-to-date;
will not engage in any activity which constitutes Fee Avoidance (which shall be determined by HURR in
its sole discretion);
v.
you will not attempt to approach Lenders outside of the HURR Offering (including for the purpose of Fee
Avoidance); and
vi.
you have sufficient and available funds to cover the payment for the rental and any associated costs,
including the Service Fee, the Security Deposit (where applicable), the Replacement Value in the event of
any loss of or damage to the product and the Mediation Costs (in the event of a dispute); and
vii. you
will use a reputable courier or postal service and use a first-class tracked and signed for service for the
purposes of returning the product to the Lender in a timely manner and in accordance with the Rental
Period;
viii.
you agree with the Replacement Value of the product provided by the Lender on the Listing and accept
liability to pay the Replacement Value in circumstances of loss or damage to the product. IF YOU DO NOT
AGREE WITH THE REPLACEMENT VALUE,
YOU SHOULD
NOT
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ix. you
Terms Of Service | HURR
are not doing so on behalf of any other person and you shall not allow any other individual to use the
product(s). Use of the product(s) by any other individual is a breach of these Terms.
C. Loss
or damage
You acknowledge and accept that in the event of any loss or damage to a product, HURR reserves shall be
entitled to:
i. retain
the Security Deposit;
ii. charge
your Payment Method with a sum up to the Replacement Value of the product; and
iii. charge
your Payment Method with the Mediation Costs.
D. Fit
Policy
If a product does not fit, a Renter has the ability to claim a part-money, part-credit refund of the Rental Fee ("Fit
Policy"). The Rental Fee only will be refunded directly to the Renter’s Payment Method and the dry-cleaning fee
will be credited to the Renter’s HURR account. Postage costs are non-refundable.
To claim the Fit Policy, the Renter must notify HURR via their account dashboard on the Rental Start Date. The
Renter must go to their "In Progress" rentals on the account dashboard and select "View Details" to see the
"Order Summary" page. The Renter can then click on "My Item Doesn’t Fit" at the top of the page. If the rental
arrives early, the "My Item Doesn’t Fit" button may not appear until the Rental Start Date.
E. Returns
You acknowledge and accept that when returning a product to a Lender at the end of a Rental Period, the
product must be returned in the post before 12pm (noon) on the Rental End Date. If you would like to extend
the Rental Period, you may submit an extension request to the Lender via the HURR Platform. The Lender
reserves the right to decline the request, in which case you hereby undertake to return the product to the
Lender in accordance with the original Rental Period.
If the product is not returned before 12pm (noon) on the Rental End Date, you acknowledge and accept that
you will be liable for all Outstanding product Fees (further details of which are provided at Section 3 of the
General Terms).
You expressly accept and acknowledge that the Lender (and not HURR) is responsible for ensuring that
products conform to any descriptions provided on the HURR Platform and HURR is not liable for any loss
suffered by you arising from your renting of any products through the HURR Offering.
Renter cancellation if you cancel the Rental Request
If you decide that you no longer want to rent a product, you can cancel the Rental Request free of charge by
visiting the "My Rentals" section of your account on the HURR Platform no less than ten (10) days prior to the
Rental Start Date. For example, if a Rental Start Date is the 20th day of the month, a cancellation request must be
submitted to HURR on or before the 10th day of the month.
If you decide to cancel a Rental Request within 10 calendar days of the Rental Start Date, HURR reserves the
right to invoice and charge your Payment Method with a Cancellation Charge. However, where your Booking
Date and the Rental Start Date are within the same forty-eight (48) hour period, you shall be entitled to cancel
the Rental Request free of charge within the two (2) hour period immediately following the time of the Rental
Request being submitted. In all other circumstances where you cancel the rental within forty-eight (48) hours of
the Rental Start Date, you shall not be entitled to any refund.
Any Security Deposit being held by HURR shall be returned to you within ten (10) business days of cancellation.
If we reasonably believe that you rented a product with the intention of perpetrating a theft or to cause any
other harm to a User or HURR, we reserve the right to cancel the rental without notice and to charge your
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Payment Method with a sum that we deem to be appropriate, in our sole and absolute discretion, up to the sum
of the Replacement Value.
F. Lender
cancellation
If a Lender cancels a confirmed Rental Request, the Renter will receive a full refund of all fees paid by them for
this rental.
If a Lender cancels a rental at least 48 hours prior to the Rental Start Date, or within two (2) hours of accepting a
rental with a Rental Start Date due to commence within forty-eight (48) hours, there shall be no Service Fee
payable by the Lender.
In all other events of cancellation by a Lender, HURR reserves the right to charge the Lender 100% of the Service
Fee applicable.
HURR reserves the right to publish a Review indicating that the Lender has cancelled a rental Request.
HURR reserves the right to display the product forming the subject matter of a cancelled Rental Request as
unavailable or blocked for the duration of the originally requested Rental Period.
HURR may impose a cancellation fee as it deems appropriate and reserves the right to "pause" wardrobes due
to inactivity or repeated declined or expired rentals.
G. HURR
Credit Loyalty Scheme
The HURR Credit Loyalty Scheme ("Loyalty Scheme") allows eligible users to earn credit for use on future rentals
on the HURR marketplace. By participating in the Loyalty Scheme, Members agree to be bound by these terms
of service, in combination to the general HURR Terms of Service.
i.
Eligibility: The Loyalty Scheme is open to all registered HURR marketplace Members who have successfully
completed rentals.
ii. Earning
Credits: Users can earn credits equal to 5% of the total rental price (including dry cleaning, delivery,
service fee, and damage protection costs) after other credits are applied. Credits are earned only for successful
rentals; Members will not earn credits for canceled or unsuccessful rentals.
Using Credits: Credits earned through the Loyalty Scheme can be applied to future rentals on the HURR
Marketplace. To redeem credits, Members must select the option to apply their available credit balance during
iii.
the checkout process. Credits cannot be used in combination with other discounts, promotions, or coupon
codes.
iv.
Non-Transferability: Credits earned through the Loyalty Scheme are non-transferable and can only be used
by the HURR Member who earned them.
v.
Expiration: Currently, there is no expiration date for the earned credits. However, HURR reserves the right to
modify or cancel the Loyalty Scheme, including the expiration terms, at any time, with or without notice.
vi.
Account Termination: HURR reserves the right to terminate a Member’s account and/or revoke any earned
credits if it is determined that the user has violated the HURR Terms of Service of the Loyalty Scheme.
vii. Modification:
HURR reserves the right to modify, suspend, or terminate the Loyalty Scheme, including these
terms, at any time, with or without notice. Continued participation in the Loyalty Scheme following any
modifications constitutes acceptance of the revised terms and conditions.
viii. Liability:
HURR is not responsible for any loss or damage incurred by Members as a result of participation in
the Loyalty Scheme, including any technical issues or errors related to the calculation, crediting, or use of
credits.
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SALE TERMS
In addition to the General Terms, the following provisions shall apply to you whilst using the HURR Offering in
the capacity of Buyer or Seller.
a. Who
are you buying from?
When you purchase any product, you will buy directly from the relevant Seller (not from us) through the HURR
Platform and the contractual relationship in relation to the sale will be only between you and that Seller. We will
not be a party to it. The relevant Seller will be responsible for the sale, the delivery (if applicable) and other
after-sale care and our role is limited to acting as commercial agent to conclude the sale by collecting your
payment via your chosen Payment Method on behalf of that Seller. Our receipt of full payment from you will
discharge your debt to the relevant Seller in respect of your purchase. Though we may assist with certain
practical issues on behalf of the relevant Seller, we do not have any contractual obligations to you and you do
not have any contractual rights against us regarding any product sold on the HURR Platform by any Seller.
b. Ordering
and availability of products for sale
You may order products by clicking on the items you wish to purchase and then following the prompts that will
appear on-screen. You may check and correct any input errors up until the point at which you purchase the
Product(s) by clicking the "Buy Now" button and completing the payment process. At this point, the contract
between you and the relevant Seller in relation to the product(s) ordered ("Contract") is formed, and the Seller
is under a legal duty to supply you with product(s) that are in conformity with the Contract.
c. Buyer
cancellation rights
If you purchase a Product from a Trader Seller, you have the right to cancel any purchase at any time before its
delivery and up to 14 days afterwards, beginning on the day after your product (in its entirety) is delivered to
you. If you cancel, you will receive a refund of the Purchase Price in accordance with the refunds policy (see
below).
If you purchase a Product from a Seller which is not a Trader Seller; the right to cancel the purchase and obtain a
refund of the Purchase Price will be at HURR's or the relevant Seller's sole discretion.
To cancel a purchase, you must clearly inform HURR (as applicable), preferably:
● by
email to the following address contact@hurrcollective.com, giving your name, address and order
reference; and
● by
completing and submitting the cancellation form included within the parcel, also available at request
on the HURR Platform at https://help.hurrcollective.com/hc/en-us/requests/new
You must also return the product(s) within 14 days after the day you notify your cancellation, in the same
condition in which you receive them (which does not interfere with your right to take any reasonable steps to
examine the product(s) and make sure they conform to your order). Products must be returned to the
relevant Seller or HURR (as applicable). You have a legal obligation to take reasonable care of the product(s)
while in your possession. If you fail to comply with this obligation, the relevant Seller may have a right to deduct
the cost of any deterioration (due, for example, to your having used the product(s)), up to the price of the
product(s), from the refund to which you are otherwise entitled.
To return the product(s), you should package the parcel securely (making sure you include a note of your name
and address (enclosing any returns slip, if you have been provided with one) inside the parcel) and then return it
to HURR/the Seller (as applicable), either by courier or by recorded delivery mail or other form of certified mail
or, if the product(s) are too bulky to return by mail, then by a suitable carrier, to the returns address stated in
your receipt.
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You are advised to take out enough postal/carriage insurance to cover the value of the contents. Please save
your proof of posting/despatch and tracking information until your refund has been processed. You will be
responsible for the cost and risk of returning the product(s).
Details of the consumer rights described above, and an explanation of how to exercise them, are provided in
you receipt. Nothing in this section affects your legal rights.
d. Refunds
policy
If you are a Buyer and you have cancelled your purchase from a Trader Seller, and within the 14-day cooling-off
period (see above), any refund due to you will be processed as soon as possible and, in any case, within 14 days
after the day on which HURR / the relevant Seller receives the product(s) back or, if earlier, the day on which
HURR / the relevant Seller receive evidence that you have returned the product(s) to the returns address (see
above).
You will be refunded the price paid in full (subject to any deduction the relevant Seller is entitled to make due to
your use of or damage to the product(s)), including the cost of standard delivery. However, you will not be
refunded your cost of returning the product(s). If you received any promotional or other discount when you
paid, any refund will only reflect the amount you actually paid. Refunds are made using the same method
originally used by you to pay for your purchase, unless agreed otherwise.
If you are a Buyer and you have purchase products from Seller who is not a Trader Seller, your right to return
products will be at HURR's or the relevant Seller's sole discretion.
e. Products
not as described
All products for sale on the HURR Platform are second hand, this means that they may not be in perfect
condition. However, if any product that you purchase does not comply with the description and photographs
provided by the Seller, you may have one or more legal remedies available to you, depending on when you
make the relevant Seller aware of the problem, in accordance with your legal rights.
A product will be considered as not complying with the description and photographs provided by the Seller
when the product received in comparison to the description and photographs is: an incorrect size, the wrong
colour, a counterfeit item, severely damaged (stains, smells, holes), the wrong condition, incorrect or missing.
Conversely, this will not be the cases where the product is not a right fit (but the size was correctly indicated in
the listing), or the differences between the product received and the description and photographs only include
minor and negligible differences that do not affect the use and look of the product as legitimately expected by
the Buyer based on the description and photographs.
If you believe you received a product that does not comply with the description and photographs provided by
the Seller, you should inform the relevant Seller as soon as possible, preferably in writing, giving your name,
address and order reference.
Please note that we have no control over any Seller or the quality of any of the products or service it provides,
we do not give any commitment (whether on our own behalf or on behalf of any Seller) regarding them, and we
are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf
of any Seller (other than us).
Nothing in this section affects your legal rights.
f. Cancellation
Policy
If a Seller cancels a confirmed Buyer Request, the Buyer will receive a full refund of all fees paid by them for this
purchase.
If a Seller cancels a Buyer's purchase within two (2) hours of it being made there shall be no Service Fee payable
by the Seller.
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In all other events of cancellation by a Seller, HURR reserves the right to charge the Seller 100% of the Service
Fee applicable.
HURR reserves the right to publish a Review indicating that the Seller has cancelled a Buyer's purchase.
HURR may impose a cancellation fee as it deems appropriate and reserves the right to "pause" wardrobes due
to inactivity.
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