Terms and Conditions
TERMS OF SERVICE (the “Terms”)
ABOUT: 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 PS Online Styling Ltd’s (“PS”, “we”, “us”, “our”) 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.PS reserves the right, at its sole and absolute discretion, to accept or reject any application for an account to use our services.PS reserves the right to make changes to the services provided by PS and to these Terms which will not materially affect your use of the services. PS 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 PS 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"Bride": the renter of pre-loved bridal clothing or user of the PS Platform."Boutique" means the entity that makes product(s) available for rent via the PS Platform"Content": any photos, text or any other information posted to the PS Platform or the PS social media platforms by PS or Participants."Cookie Policy":"Damage Protection": an optional service provided by PS 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 £15.00 charge payable by a Renter to PS in consideration for Damage Protection. "Delivery Fee": the cost for each product to be delivered as part of the Services."Fee Avoidance": any action taken by a Participant to directly or indirectly avoid paying the Service Fee or the Rental Fee. This includes, but shall not be limited to, any steps taken by a Participant in their own capacity or in conjunction with other Participant to: (i) direct Participants to an alternative site performing services similar to the Services; or (ii) communicate directly with another Participant with a view to circumventing the Service Fee and/or the PS Platform"PS Platform": the website"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"Listing": the listing of a product by a Boutique on the PS Platform and "List" shall be construed accordingly.“Participant” means the Brides or the Boutiques "Payment Method": means the credit or debit card associated with your PS account or used to complete the Service."Privacy Policy""Product” means a product purchased by a Bride on the PS Platform"Purchase Price" means the cost payable to purchase a Product"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 confirmation email."Rental Fee": the fee to rent a Product including any delivery costs and associated taxes (including VAT)"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. "Try On": Means the product(s) ordered may only be tried on and not worn for an event or wedding. "Rental Request": a request made by a Bride 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"Replacement Value": a reasonable estimate of the current market value of a product by PS. PS shall determine the value in its sole discretion and its determination shall be final and binding."Review": a brief summary of a Bride’s experience renting or the Boutique’s experience of lending (as applicable) via the PS Platform."Security Deposit": means the security deposit applied to products over a certain value amount and determined by PS of a product, the sum of which shall be held on the Bride’s payment card until the product is returned and confirmed to be in good condition with no damage."Service": the renting, lending, purchase or sale of pre-owned bridal clothing by a Bride via the PS Platform."Service Fee": shall mean as a Boutique, you agree to pay PS a commission payment equating to 40% of the Rental Fee;"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.
WHO WE ARE: Unless expressly provided otherwise, the role of PS shall be limited to providing the intermediary platform between Participants, PS will not act as a lender or seller and at no point in time will PS become the owner of a product. At all times, Participants act for and on behalf of themselves and never as an agent or representative of PS. PS is not a party to any Service between Participants and hereby disclaims all liability in respect thereof.The PS Platform is owned and operated by P.S. ONLINE STYLING LTD, a private limited company registered in England and Wales under company number 12994390.
WHEN YOU USE THE PS PLATFORM: 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 PS is sued due to an action or inaction by a Participant (including a breach of these Terms) then such Participant will 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.
ACCESS AND AVAILABILITY: We aim to ensure that the PS Platform is fully operational at all times, however, we do not guarantee that the PS Platform will be uninterrupted or error free.Access to the PS Platform is permitted on an "as is" temporary basis. We may suspend, withdraw, discontinue or change all or any part of the PS Platform at our sole discretion without notice. We will not be liable to you if the PS Platform is unavailable at any time or for any period of time.You are responsible for making all arrangements necessary to facilitate access to the PS Platform. You will also be responsible for ensuring that all persons who access the PS Platform through your internet connection are aware of these Terms and that said persons remain in compliance with these Terms at all times.
GENERAL TERMS REGISTRATION To access and use the full range of products, you will be required to set up an account and register to become a Participant. You must become a Participant to rent, buy, lend, or sell a product through the PS Platform.You will be required to supply certain information, including personal information, in order to complete the registration form successfully. You are the only person authorised to access and use your account and your account is non-transferable. PS is under no obligation to accept any individual as a Participant and reserves the right to accept or reject any 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 PS (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 PS’s Privacy Policy.To access and use the full range of services as part of the PS Platform and to enable PS to comply with its legal obligations we may request that you provide us with identity documentation such as your passport.We also use Stripe as our third-party payment processor and by registering to become a Participant, you accept that the Stripe’s Terms of Service form part of these Terms and are incorporated by reference.Operation of the PS Platform requires us to send your identity verification documentation to our payment processor, Stripe, and you acknowledge and accept that this data sharing is necessary to provide the PS Platform.We recommend that you review and familiarise yourself with Stripe’s privacy policies which outline how they use and process your personal data. If you have any questions in relation to this privacy policy, we encourage you to contact these providers directly. If you do not agree to the processing of your personal data in accordance with this third-party providers’ terms and conditions, you will be required to cease using the PS Platform immediately.You must be over 18 years of age to create a PS 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 (parents or legal guardians may not agree to these Terms on behalf of children under the age of 18).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 info@psonlinestyling.com.You represent and warrant that you have all relevant rights, licenses and/or approvals in relation to any Content you post on the PS Platform. PS reserves the right to deactivate an account at any time, including, without limitation, if it is determined that a Participant has violated these Terms or any aspect thereof.Unless expressly authorised by PS in writing, you may only register one (1) account.PS reserves the right in its sole and absolute discretion to refuse to grant a Participant 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 PS. Please note that this list of circumstances is not exhaustive.If PS needs to contact you in relation to the PS Platform, it will be in accordance with the preferences and contact details indicated by you at registration or checkout. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you.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.
PS PLATFORM Upon the successful registration of your account with PS and subject always to compliance with these Terms, PS grants you a revocable, non-transferable, non- exclusive, non-sublicensable, license to access and use the PS Platform for your personal use.
UNAUTHORISED USE OF THE PS PLATFORM 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 PS Platform 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 PS Platform that are, or which PS 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 PS Platform or distribute any viruses, trojans, worms, logic bombs and/or any other material which is malicious or technologically harmful; display material on the PS Platform that exploits children under the age of eighteen (18);copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public, or otherwise distribute any Content, web pages or materials available on the PS Platform and owned by PS or a third party save with the prior written consent of PS; infringe the Intellectual Property Rights of PS or any third party; post, collect or disclose on the PS Platform any personally identifying information (including account 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);vii. post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on the PS Platform, including without limitation, solicitations of credit card numbers, or promotions of raffles or contests; viii. violate these Terms or any applicable laws or regulations; ix. use the PS Platform to develop a service or product which competes with any aspect of the business of PS; x. attempt to gain unauthorised access to the PS Platform, the server on which the PS Platform is stored, or any server, computer or database connected to the PS Platform; xi. attack the PS Platform 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; xii. use any Participant to Participant communication system on the PS Platform to send content that violates these Terms or constitutes spam of any kind; we reserve the right to scan internal messages between Participants to check for spam, phishing, viruses and other malicious, prohibited or illegal behaviours or content; write, post and/or share untruthful, misleading, false or inaccurate information; use the PS Platform to intentionally deceive other Participants; or repeatedly cancel rentals; collect information about other Participants or post information on the PS Platform about other Participants without their explicit consent; impersonate 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 PS Platform or the PS business; xix. use any robot, spider, scraper or other automated means to access the PS Platform and/or collect data for any purpose; xx. take any action that interferes with another Participant’s use of the PS Platform or the proper functioning of the PS Platform; xvi. engage in any activities which are illegal, dishonest or fraudulent; attempt to or engage in actions which might reasonably cause loss to a Participant or to PS; attempt to use or continue to use the PS Platform if you have been suspended or banned from use; xxiii. attempt to or engage in actions to reverse engineer, decompile, disassemble, translate, derive or interfere with the source code for the PS Platform; or xix. use the PS Platform in a manner which PS considers in its sole discretion to be harmful to the business of PS.If PS determines, at all times acting reasonably, that any of the activities listed at (i) to (xix) above have occurred, or otherwise you are in material breach of these Terms then you herby agree to indemnify and hold harmless PS against any damages, losses, expenses or costs which may result from your participation in any of the activities above or for unauthorized access to your account and in such circumstances PS will have no liability to you or any third party for damage or loss related toor arising from such activity. PS additionally reserves the right to take any or several of the actions outlined immediately below. PS may:i. revoke your license to use the PS Platform, such revocation will occur immediately without further notice to you; cancel any existing Services which you are party to; refuse to list any further products pertaining to you; remove any Content pertaining to you from the PS Platform; and/or restrict, suspend or terminate your use of the PS Platform.
INTERRUPTIONS TO THE PS PLATFORM The PS Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities and you acknowledge that the PS Platform:will not be uninterrupted or error-free; may 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. PS 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 PS Platform
INTELLECTUAL PROPERTY You acknowledge and accept that your use of the PS Platform does not confer on you any Intellectual Property Rights owned by PS or its licensors (as applicable) or any other third parties 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 or used by PS as to be confusing and you shall not, under any circumstances, attempt to or harm, tarnish or damage the PS brand or perception of PS in any way, knowingly or otherwise.Unless any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply, Participants agree not to otherwise reproduce, duplicate, copy, resell or in any other manner re-use or exploit any part of the PS Platform or Services.It is your sole responsibility to ensure you have all necessary rights and licenses to use and/or submit materials and Content to the PS Platform. You hereby agree to indemnify PS against, and shall pay to PS 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 PS arising out of or in connection with an infringement of the rights of any third party (including Intellectual Property Rights).The PS Platform may contain links or references to non-PS websites, products, services or other materials or content. This third-party content is provided to you as a convenience, and PS 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 PS and PS has no control over the third-party content.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. By uploading Content to the PS Platform *or by sending Content to us you acknowledge and agree that you are granting PS 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 PS Platform.PS reserves the right to remove any photographs which it considers in its sole discretion to be:tampered with; of less than acceptable quality; unfit for the purpose of accurately displaying the product(s); or infringing the Intellectual Property Rights of any third party.PS 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. PS 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. PS shall not be liable for any inaccuracies or any losses or damages resulting therefrom.You acknowledge and agree that PS shall not be liable for any loss, damage or liability resulting from your reliance on Content posted on the PS Platform by other Participants and any reliance thereon is entirely at your own risk.
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 PS Platform.Brides shall pay the Rental Fee (without any withholding or any set off) to PS and PS shall deduct the appropriate Service Fee from the amounts payable to the Boutique.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 PS Platform. 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 PS Platform.Participants 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.
PARTICIPANT’S LIABILITY PS has the sole and absolute discretion to determine an appropriate Replacement Value for any product, the figure determined by PS shall be binding.In the event of the loss or damage of a product, PS shall be entitled to charge a Bride’s Payment Method with an amount per damaged or lost product up the Replacement Value of each product. Funds will be taken from a Bride’s account to cover outstanding charges without your prior permission being sought and you hereby consent and authorise PS, at all times acting reasonably, to do so in these circumstances.PS 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.
PS LIABILITY You acknowledge and agree that you buy, sell, rent or lend products entirely at your own risk. PS does not endorse or guarantee any product or User of the PS Platform or make any assertions as to their trustworthiness. PS 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 Participants, the ability of Boutiques to sell or lend a product, the ability of a Bride 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 PS 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 Participant 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, 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 PS 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.To the maximum extent permitted by the law, our total responsibility for any claims relating to the Service: to Bride’s is limited to the Service Fee paid in connection with the Service.For any other claims arising out of the provision of the PS Platform 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 will have no liability to you for any loss of profit, loss of revenue, loss of data, loss of business, business interruption, or loss of business opportunity.
WARRANTIES AND REPRESENTATIONS If you are a Boutique, by providing your product(s) for rent or sale on the PS Platform, you warrant and represent that:you have read and accepted these Terms; you understand that PS is providing you with access to the PS Platform and associated platform intermediary services; iii. you accept that the supply of the products is made from you to the Bride; you will not list any counterfeit product(s);you will accept the Replacement Value set by PS for any product; 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; x. the products will match the item description on the Listing and be a true and fair representation of their current condition; the information in your profile is up to date; you will not attempt to approach Brides outside of the PS Offering; and you will not engage in Fee Avoidance.You hereby acknowledge and agree that:i. PS has the right to increase the Rental Fee of any product you list on the PS Platform based on the demand for that product or similar products; ii. 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 PS Platform, including giving effect to Bride’s rights under applicable law (including cancellation and return rights where applicable) and compensating any damage occurred by the Bride or any other person caused by your product; and LISTINGS PS may perform a quality control check on the products. However we shall not check whether the product or the description of the product in the Listing meets a Participant’s expectations. Therefore, PS does not guarantee that the Boutique or the Bride will find the product satisfactory, whether froman aesthetic point of view or from a practical point of view, as to its use. Any deliveries that are arranged by PS and fulfilled by its delivery partners shall not imply that PS is a party to the contract between the Bride and the Boutique. CONTACT Our contact email address is info@psonlinestyling.com DELIVERY / DISPATCH / RETURNS All deliveries will be sent through PS’s delivery partners, which may be updated from time to time at PS’s discretion. The delivery method used will be at the discretion of PS.PS or its delivery partners will contact the Bride with a tracking number that provides information about estimated delivery and arrival times of Rented products.If PS’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 Bride, an email will be sent to the Bride.PS disclaims any liability in the case of loss of or damage to a product while in transit to or from PS.
RETURNS TO PS PS 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 PS. If you lose the Return Packaging, please contact us at in to request new Return Packaging. You hereby consent to PS charging your Payment Method for the cost of the lost Return Packaging.If a product is not returned to PS in the Return Packaging provided, PS 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.A product shall remain the property of the Boutique, unless the Product is purchased by a Bride in which case title in the Product shall pass to the Bride on full payment being received by Boutique.
STOPPING USE OF THE PS PLATFORM Save for Services which are currently in progress, you may cease using the PS Platform. You acknowledge and agree that your Content may continue to be used and displayed by PS on the PS 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.
DISPUTES In the event that you have a dispute or an issue, please contact us directly at info@psonlinestyling.com so that a resolution can be found.(i) Informal Dispute ResolutionBoth you and PS agree that in the event of a dispute, you and PS 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 ResolutionIn the unlikely event that we have not been able to resolve a dispute informally, each party reserves the right to seek relief in court.
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 PS Platform. 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.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.PS 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 PS in connection with these Terms shall be in writing and must be sent by email to info@psonlinestyling.com 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.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.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.
CONDITION: USE OF THE PRODUCTS You acknowledge and accept that use and wear of the product is entirely at your own risk and PS shall not be held liable for any health- related complaints associated with any product. You agree and undertake 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 PS considers in its sole discretion to be minor.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. You acknowledge and accept that when ordering a "Try On" the items ordered will not be worn for an event or wedding.
RENTING SERVICES If your Rental Request is accepted you are granted 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 PS is providing you with access to the PS Platform and associated platform intermediary services, and that the supply of the loaned items is made to you by the Boutique; your profile information is up-to-date; you will not engage in any activity which constitutes Fee Avoidance (which shall be determined by PS in its sole discretion);v. you will not attempt to approach Boutiques outside of the PS Platform (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 Rental Fee, the Security Deposit (where applicable), the Replacement Value in the event of any loss of or damage to the product.viii. you accept liability to pay the Replacement Value in circumstances of loss or damage to the product; and ix. you 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.
LOSS OR DAMAGE You acknowledge and accept that in the event of any loss or damage to a product, PS shall be entitled to:i. retain the Security Deposit; and
ii. charge your Payment Method with a sum up to the Replacement Value of the product.
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 via email at info@psonlinestyling.com. 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.You expressly accept and acknowledge that the Boutique (and not PS) is responsible for ensuring that products conform to any descriptions provided on the PS Platform and PS is not liable for any loss suffered by you arising from your renting of any products through the PS Platform.
STOCK RETURNS You acknowledge and accept that when requesting a return of a product to the original owner whether at the brand/boutique's discretion or PS, the cost to remove the product from the PS Platform/warehouse is charged at £15 per item plus postage and is billed to the product owner.
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 by providing notice to help@psonlinestyling.com. Try On cancellations more than 10 days in advance of the Try On start date are fully refundable. Try On cancellations made within 10 calendar days of the Rental Start Date incur a 40% cancellation Charge payable to P.S. Bridal Rental. Try On cancellations made within 6 calendar days of the Try On start date are non-refundable. Rental cancellations more than 1 month in advance of the rental start date are fully refundable. Rentals cancellations made within 28 calendar days of the rental start date incur a 40% cancellation Charge payable to P.S. Bridal Rental.Rental cancellations made 14 calendar days or less are non-refundable. In all other cases you will not be entitled to any refund. Any Security Deposit being held by PS 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 Participant , we reserve the right to cancel the rental without notice and to charge your 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.
SALE TERMS The following provisions shall apply to you whilst using the Platform in the capacity of buyer or seller. Made to measure items all sales are final and non-refundable.
WHO ARE YOU BUYING FROM? When you purchase any product, you will buy directly from the relevant seller (not from us) through the PS 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 Ps Platform by any seller.
RESALE
ABOUT: 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 PS Online Styling Ltd’s (“PS”, “we”, “us”, “our”) 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.PS reserves the right, at its sole and absolute discretion, to accept or reject any application for an account to use our services.PS reserves the right to make changes to the services provided by PS and to these Terms which will not materially affect your use of the services. PS 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 PS 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"Bride": the renter of pre-loved bridal clothing or user of the PS Platform."Boutique" means the entity that makes product(s) available for rent via the PS Platform"Content": any photos, text or any other information posted to the PS Platform or the PS social media platforms by PS or Participants."Cookie Policy":"Damage Protection": an optional service provided by PS 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 £15.00 charge payable by a Renter to PS in consideration for Damage Protection. "Delivery Fee": the cost for each product to be delivered as part of the Services."Fee Avoidance": any action taken by a Participant to directly or indirectly avoid paying the Service Fee or the Rental Fee. This includes, but shall not be limited to, any steps taken by a Participant in their own capacity or in conjunction with other Participant to: (i) direct Participants to an alternative site performing services similar to the Services; or (ii) communicate directly with another Participant with a view to circumventing the Service Fee and/or the PS Platform"PS Platform": the website"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"Listing": the listing of a product by a Boutique on the PS Platform and "List" shall be construed accordingly.“Participant” means the Brides or the Boutiques "Payment Method": means the credit or debit card associated with your PS account or used to complete the Service."Privacy Policy""Product” means a product purchased by a Bride on the PS Platform"Purchase Price" means the cost payable to purchase a Product"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 confirmation email."Rental Fee": the fee to rent a Product including any delivery costs and associated taxes (including VAT)"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. "Try On": Means the product(s) ordered may only be tried on and not worn for an event or wedding. "Rental Request": a request made by a Bride 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"Replacement Value": a reasonable estimate of the current market value of a product by PS. PS shall determine the value in its sole discretion and its determination shall be final and binding."Review": a brief summary of a Bride’s experience renting or the Boutique’s experience of lending (as applicable) via the PS Platform."Security Deposit": means the security deposit applied to products over a certain value amount and determined by PS of a product, the sum of which shall be held on the Bride’s payment card until the product is returned and confirmed to be in good condition with no damage."Service": the renting, lending, purchase or sale of pre-owned bridal clothing by a Bride via the PS Platform."Service Fee": shall mean as a Boutique, you agree to pay PS a commission payment equating to 40% of the Rental Fee;"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.
WHO WE ARE: Unless expressly provided otherwise, the role of PS shall be limited to providing the intermediary platform between Participants, PS will not act as a lender or seller and at no point in time will PS become the owner of a product. At all times, Participants act for and on behalf of themselves and never as an agent or representative of PS. PS is not a party to any Service between Participants and hereby disclaims all liability in respect thereof.The PS Platform is owned and operated by P.S. ONLINE STYLING LTD, a private limited company registered in England and Wales under company number 12994390.
WHEN YOU USE THE PS PLATFORM: 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 PS is sued due to an action or inaction by a Participant (including a breach of these Terms) then such Participant will 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.
ACCESS AND AVAILABILITY: We aim to ensure that the PS Platform is fully operational at all times, however, we do not guarantee that the PS Platform will be uninterrupted or error free.Access to the PS Platform is permitted on an "as is" temporary basis. We may suspend, withdraw, discontinue or change all or any part of the PS Platform at our sole discretion without notice. We will not be liable to you if the PS Platform is unavailable at any time or for any period of time.You are responsible for making all arrangements necessary to facilitate access to the PS Platform. You will also be responsible for ensuring that all persons who access the PS Platform through your internet connection are aware of these Terms and that said persons remain in compliance with these Terms at all times.
GENERAL TERMS REGISTRATION To access and use the full range of products, you will be required to set up an account and register to become a Participant. You must become a Participant to rent, buy, lend, or sell a product through the PS Platform.You will be required to supply certain information, including personal information, in order to complete the registration form successfully. You are the only person authorised to access and use your account and your account is non-transferable. PS is under no obligation to accept any individual as a Participant and reserves the right to accept or reject any 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 PS (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 PS’s Privacy Policy.To access and use the full range of services as part of the PS Platform and to enable PS to comply with its legal obligations we may request that you provide us with identity documentation such as your passport.We also use Stripe as our third-party payment processor and by registering to become a Participant, you accept that the Stripe’s Terms of Service form part of these Terms and are incorporated by reference.Operation of the PS Platform requires us to send your identity verification documentation to our payment processor, Stripe, and you acknowledge and accept that this data sharing is necessary to provide the PS Platform.We recommend that you review and familiarise yourself with Stripe’s privacy policies which outline how they use and process your personal data. If you have any questions in relation to this privacy policy, we encourage you to contact these providers directly. If you do not agree to the processing of your personal data in accordance with this third-party providers’ terms and conditions, you will be required to cease using the PS Platform immediately.You must be over 18 years of age to create a PS 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 (parents or legal guardians may not agree to these Terms on behalf of children under the age of 18).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 info@psonlinestyling.com.You represent and warrant that you have all relevant rights, licenses and/or approvals in relation to any Content you post on the PS Platform. PS reserves the right to deactivate an account at any time, including, without limitation, if it is determined that a Participant has violated these Terms or any aspect thereof.Unless expressly authorised by PS in writing, you may only register one (1) account.PS reserves the right in its sole and absolute discretion to refuse to grant a Participant 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 PS. Please note that this list of circumstances is not exhaustive.If PS needs to contact you in relation to the PS Platform, it will be in accordance with the preferences and contact details indicated by you at registration or checkout. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you.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.
PS PLATFORM Upon the successful registration of your account with PS and subject always to compliance with these Terms, PS grants you a revocable, non-transferable, non- exclusive, non-sublicensable, license to access and use the PS Platform for your personal use.
UNAUTHORISED USE OF THE PS PLATFORM 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 PS Platform 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 PS Platform that are, or which PS 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 PS Platform or distribute any viruses, trojans, worms, logic bombs and/or any other material which is malicious or technologically harmful; display material on the PS Platform that exploits children under the age of eighteen (18);copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public, or otherwise distribute any Content, web pages or materials available on the PS Platform and owned by PS or a third party save with the prior written consent of PS; infringe the Intellectual Property Rights of PS or any third party; post, collect or disclose on the PS Platform any personally identifying information (including account 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);vii. post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on the PS Platform, including without limitation, solicitations of credit card numbers, or promotions of raffles or contests; viii. violate these Terms or any applicable laws or regulations; ix. use the PS Platform to develop a service or product which competes with any aspect of the business of PS; x. attempt to gain unauthorised access to the PS Platform, the server on which the PS Platform is stored, or any server, computer or database connected to the PS Platform; xi. attack the PS Platform 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; xii. use any Participant to Participant communication system on the PS Platform to send content that violates these Terms or constitutes spam of any kind; we reserve the right to scan internal messages between Participants to check for spam, phishing, viruses and other malicious, prohibited or illegal behaviours or content; write, post and/or share untruthful, misleading, false or inaccurate information; use the PS Platform to intentionally deceive other Participants; or repeatedly cancel rentals; collect information about other Participants or post information on the PS Platform about other Participants without their explicit consent; impersonate 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 PS Platform or the PS business; xix. use any robot, spider, scraper or other automated means to access the PS Platform and/or collect data for any purpose; xx. take any action that interferes with another Participant’s use of the PS Platform or the proper functioning of the PS Platform; xvi. engage in any activities which are illegal, dishonest or fraudulent; attempt to or engage in actions which might reasonably cause loss to a Participant or to PS; attempt to use or continue to use the PS Platform if you have been suspended or banned from use; xxiii. attempt to or engage in actions to reverse engineer, decompile, disassemble, translate, derive or interfere with the source code for the PS Platform; or xix. use the PS Platform in a manner which PS considers in its sole discretion to be harmful to the business of PS.If PS determines, at all times acting reasonably, that any of the activities listed at (i) to (xix) above have occurred, or otherwise you are in material breach of these Terms then you herby agree to indemnify and hold harmless PS against any damages, losses, expenses or costs which may result from your participation in any of the activities above or for unauthorized access to your account and in such circumstances PS will have no liability to you or any third party for damage or loss related toor arising from such activity. PS additionally reserves the right to take any or several of the actions outlined immediately below. PS may:i. revoke your license to use the PS Platform, such revocation will occur immediately without further notice to you; cancel any existing Services which you are party to; refuse to list any further products pertaining to you; remove any Content pertaining to you from the PS Platform; and/or restrict, suspend or terminate your use of the PS Platform.
INTERRUPTIONS TO THE PS PLATFORM The PS Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities and you acknowledge that the PS Platform:will not be uninterrupted or error-free; may 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. PS 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 PS Platform
INTELLECTUAL PROPERTY You acknowledge and accept that your use of the PS Platform does not confer on you any Intellectual Property Rights owned by PS or its licensors (as applicable) or any other third parties 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 or used by PS as to be confusing and you shall not, under any circumstances, attempt to or harm, tarnish or damage the PS brand or perception of PS in any way, knowingly or otherwise.Unless any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply, Participants agree not to otherwise reproduce, duplicate, copy, resell or in any other manner re-use or exploit any part of the PS Platform or Services.It is your sole responsibility to ensure you have all necessary rights and licenses to use and/or submit materials and Content to the PS Platform. You hereby agree to indemnify PS against, and shall pay to PS 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 PS arising out of or in connection with an infringement of the rights of any third party (including Intellectual Property Rights).The PS Platform may contain links or references to non-PS websites, products, services or other materials or content. This third-party content is provided to you as a convenience, and PS 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 PS and PS has no control over the third-party content.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. By uploading Content to the PS Platform *or by sending Content to us you acknowledge and agree that you are granting PS 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 PS Platform.PS reserves the right to remove any photographs which it considers in its sole discretion to be:tampered with; of less than acceptable quality; unfit for the purpose of accurately displaying the product(s); or infringing the Intellectual Property Rights of any third party.PS 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. PS 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. PS shall not be liable for any inaccuracies or any losses or damages resulting therefrom.You acknowledge and agree that PS shall not be liable for any loss, damage or liability resulting from your reliance on Content posted on the PS Platform by other Participants and any reliance thereon is entirely at your own risk.
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 PS Platform.Brides shall pay the Rental Fee (without any withholding or any set off) to PS and PS shall deduct the appropriate Service Fee from the amounts payable to the Boutique.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 PS Platform. 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 PS Platform.Participants 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.
PARTICIPANT’S LIABILITY PS has the sole and absolute discretion to determine an appropriate Replacement Value for any product, the figure determined by PS shall be binding.In the event of the loss or damage of a product, PS shall be entitled to charge a Bride’s Payment Method with an amount per damaged or lost product up the Replacement Value of each product. Funds will be taken from a Bride’s account to cover outstanding charges without your prior permission being sought and you hereby consent and authorise PS, at all times acting reasonably, to do so in these circumstances.PS 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.
PS LIABILITY You acknowledge and agree that you buy, sell, rent or lend products entirely at your own risk. PS does not endorse or guarantee any product or User of the PS Platform or make any assertions as to their trustworthiness. PS 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 Participants, the ability of Boutiques to sell or lend a product, the ability of a Bride 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 PS 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 Participant 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, 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 PS 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.To the maximum extent permitted by the law, our total responsibility for any claims relating to the Service: to Bride’s is limited to the Service Fee paid in connection with the Service.For any other claims arising out of the provision of the PS Platform 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 will have no liability to you for any loss of profit, loss of revenue, loss of data, loss of business, business interruption, or loss of business opportunity.
WARRANTIES AND REPRESENTATIONS If you are a Boutique, by providing your product(s) for rent or sale on the PS Platform, you warrant and represent that:you have read and accepted these Terms; you understand that PS is providing you with access to the PS Platform and associated platform intermediary services; iii. you accept that the supply of the products is made from you to the Bride; you will not list any counterfeit product(s);you will accept the Replacement Value set by PS for any product; 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; x. the products will match the item description on the Listing and be a true and fair representation of their current condition; the information in your profile is up to date; you will not attempt to approach Brides outside of the PS Offering; and you will not engage in Fee Avoidance.You hereby acknowledge and agree that:i. PS has the right to increase the Rental Fee of any product you list on the PS Platform based on the demand for that product or similar products; ii. 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 PS Platform, including giving effect to Bride’s rights under applicable law (including cancellation and return rights where applicable) and compensating any damage occurred by the Bride or any other person caused by your product; and LISTINGS PS may perform a quality control check on the products. However we shall not check whether the product or the description of the product in the Listing meets a Participant’s expectations. Therefore, PS does not guarantee that the Boutique or the Bride will find the product satisfactory, whether froman aesthetic point of view or from a practical point of view, as to its use. Any deliveries that are arranged by PS and fulfilled by its delivery partners shall not imply that PS is a party to the contract between the Bride and the Boutique. CONTACT Our contact email address is info@psonlinestyling.com DELIVERY / DISPATCH / RETURNS All deliveries will be sent through PS’s delivery partners, which may be updated from time to time at PS’s discretion. The delivery method used will be at the discretion of PS.PS or its delivery partners will contact the Bride with a tracking number that provides information about estimated delivery and arrival times of Rented products.If PS’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 Bride, an email will be sent to the Bride.PS disclaims any liability in the case of loss of or damage to a product while in transit to or from PS.
RETURNS TO PS PS 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 PS. If you lose the Return Packaging, please contact us at in to request new Return Packaging. You hereby consent to PS charging your Payment Method for the cost of the lost Return Packaging.If a product is not returned to PS in the Return Packaging provided, PS 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.A product shall remain the property of the Boutique, unless the Product is purchased by a Bride in which case title in the Product shall pass to the Bride on full payment being received by Boutique.
STOPPING USE OF THE PS PLATFORM Save for Services which are currently in progress, you may cease using the PS Platform. You acknowledge and agree that your Content may continue to be used and displayed by PS on the PS 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.
DISPUTES In the event that you have a dispute or an issue, please contact us directly at info@psonlinestyling.com so that a resolution can be found.(i) Informal Dispute ResolutionBoth you and PS agree that in the event of a dispute, you and PS 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 ResolutionIn the unlikely event that we have not been able to resolve a dispute informally, each party reserves the right to seek relief in court.
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 PS Platform. 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.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.PS 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 PS in connection with these Terms shall be in writing and must be sent by email to info@psonlinestyling.com 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.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.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.
CONDITION: USE OF THE PRODUCTS You acknowledge and accept that use and wear of the product is entirely at your own risk and PS shall not be held liable for any health- related complaints associated with any product. You agree and undertake 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 PS considers in its sole discretion to be minor.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. You acknowledge and accept that when ordering a "Try On" the items ordered will not be worn for an event or wedding.
RENTING SERVICES If your Rental Request is accepted you are granted 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 PS is providing you with access to the PS Platform and associated platform intermediary services, and that the supply of the loaned items is made to you by the Boutique; your profile information is up-to-date; you will not engage in any activity which constitutes Fee Avoidance (which shall be determined by PS in its sole discretion);v. you will not attempt to approach Boutiques outside of the PS Platform (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 Rental Fee, the Security Deposit (where applicable), the Replacement Value in the event of any loss of or damage to the product.viii. you accept liability to pay the Replacement Value in circumstances of loss or damage to the product; and ix. you 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.
LOSS OR DAMAGE You acknowledge and accept that in the event of any loss or damage to a product, PS shall be entitled to:i. retain the Security Deposit; and
ii. charge your Payment Method with a sum up to the Replacement Value of the product.
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 via email at info@psonlinestyling.com. 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.You expressly accept and acknowledge that the Boutique (and not PS) is responsible for ensuring that products conform to any descriptions provided on the PS Platform and PS is not liable for any loss suffered by you arising from your renting of any products through the PS Platform.
STOCK RETURNS You acknowledge and accept that when requesting a return of a product to the original owner whether at the brand/boutique's discretion or PS, the cost to remove the product from the PS Platform/warehouse is charged at £15 per item plus postage and is billed to the product owner.
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 by providing notice to help@psonlinestyling.com. Try On cancellations more than 10 days in advance of the Try On start date are fully refundable. Try On cancellations made within 10 calendar days of the Rental Start Date incur a 40% cancellation Charge payable to P.S. Bridal Rental. Try On cancellations made within 6 calendar days of the Try On start date are non-refundable. Rental cancellations more than 1 month in advance of the rental start date are fully refundable. Rentals cancellations made within 28 calendar days of the rental start date incur a 40% cancellation Charge payable to P.S. Bridal Rental.Rental cancellations made 14 calendar days or less are non-refundable. In all other cases you will not be entitled to any refund. Any Security Deposit being held by PS 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 Participant , we reserve the right to cancel the rental without notice and to charge your 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.
SALE TERMS The following provisions shall apply to you whilst using the Platform in the capacity of buyer or seller. Made to measure items all sales are final and non-refundable.
WHO ARE YOU BUYING FROM? When you purchase any product, you will buy directly from the relevant seller (not from us) through the PS 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 Ps Platform by any seller.
RESALE
Second-Hand Nature of Goods:
The Buyer acknowledges that the Items being sold are second-hand and may exhibit signs of wear, use, or previous ownership.The Seller makes no warranties, express or implied, regarding the fitness for a particular purpose, merchantability, or overall condition of the second-hand Items. The Buyer accepts the Items in their current condition and understands that minor imperfections or variations from the original state may exist. The Seller operates under a strict no-refunds policy. Once a purchase is made, all sales are final, and the Seller will not entertain requests for refunds or returns, except as otherwise specified in this Agreement. The Seller encourages the Buyer to carefully review all provided information, including descriptions and photographs, to make an informed decision about the purchase of second-hand goods.
By proceeding with the purchase, the Buyer acknowledges and accepts the second-hand nature of the Items, understanding that they may not be in brand-new condition, and agrees to the Seller's no-refunds policy.