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TERMS &
CONDITIONS
1. AGREEMENT TO THE TERMS
a) These T&Cs govern your use of the RENT LUXURY website (the “Site”) and your RENT LUXURY membership including your entitlement to rent and make use of RENT LUXURY’s items as a member (the “Service”).
b) By using the Site and Service you are deemed to have read, understood and accepted all the T&Cs contained herein regulating the Service, including that the T&Cs may be amended from time to time as RENT LUXURY may deem necessary from time to time.
c) These T&Cs are deemed to be binding on you as soon as you: -
receive the confirmation for your membership, account and logins, which entitles you to make use of the Service provided by RENT LUXURY; or
ii.access or use parts of the Site that are not dependent on creating an account.
2. MODIFICATION OF THE TERMS
a) RENT LUXURY reserves the right to amend, modify or restate these T&Cs from time to time in its sole and absolute discretion. In such event, the amended, modified or restated T&Cs will be published on the Site and/or sent to you in electronic format. It shall be your responsibility to keep yourself updated with the latest T&Cs applicable to the Service from time to time. Failure by you to terminate the Service shall be construed to constitute an acceptance of the amended, modified or restated T&Cs.
3. ACCOUNT
a) You can only sign up for the Service if you are at least 18 years of age and a holder of a valid Maltese residence document.
b) To sign up for the Service, you will provide RENT LUXURY with your name and surname, address of ordinary residence, contact number, payment details, national identification number, a selfie photo and any other identification details RENT LUXURY may require. In providing these details, you confirm that the information you submit is yours, accurate, complete and up to date. RENT LUXURY shall process such information in accordance with RENT LUXURY’s privacy policy.
c) To sign up for the Service, RENT LUXURY may need to request additional information including but not limited to; a bank statement or utility bill to confirm your address, as well as social media handles in order to fully validate your identity and any information that RENT LUXURY may be obliged to collect in terms of applicable laws or court orders.
d) You are solely responsible for maintaining the accuracy of your account information on the Site.
e) As part of the onboarding process, RENT LUXURY shall have the right to carry out due diligence on you, including but without limitation, a soft credit check for identification purposes only. This will not affect your credit score in any way.
f) RENT LUXURY reserves the right to decline any application at its sole and absolute discretion, without disclosing the reasons or considerations which lead to the decline.
g) It shall be your sole responsibility to ensure that you have put in place sufficient security to access your account. You shall be exclusively responsible for all activities, including purchases under your account, whether you have authorised them or not. By placing an order through your account, RENT LUXURY shall assume that the order has been placed by you. RENT LUXURY accepts no liability for any loss or damage from unauthorised access or use.
h) It shall be your exclusive responsibility to notify RENT LUXURY of any hacking or loss of access or use to your account, whether actual or suspected.
i) Should you fail to provide any documentation required by RENT LUXURY as indicated in these T&Cs within the time frames stipulated by RENT LUXURY, or failing which, within a timely manner, RENT LUXURY reserves the right to terminate your membership and/or disallow you from making use of the Service.
j) RENT LUXURY reserves the right to suspend, terminate, or remove a member’s membership, should the member be in breach of these T&Cs.
k) If an account is suspended/under investigation for loss/damage of a luxury item, the member shall be suspended from making use of the Service until such time the matter is resolved.
l) Your membership shall commence once the onboarding process has been completed and the membership fee has been received by RENT LUXURY. In such case, one will be considered to have an active membership (the “Active Membership”), unless terminated in accordance with these T&Cs.
m) All memberships, including all or part of the entitlements resulting therefrom, shall appertain solely and exclusively to the specific member; a member shall not be permitted to transfer, assign, part with or otherwise allow a third party to make use of the membership or any entitlement resulting therefrom.
4. IDENTITY VERIFICATION AND USE OF PERSONAL DATA
a) RENT LUXURY reserves the right to verify your identity using third party verification technology. For such purpose, you grant the right to RENT LUXURY to forward any information you provided to such third parties solely and exclusively for the purposes of verifying your identity. Any personal data shall be processed in accordance with RENT LUXURY’s Privacy Policy.
5. FEES, PAYMENTS, MEMBERSHIPS AND CHARGES
a) RENT LUXURY shall only accept payments in Euro currency.
b) All fees shown on the Site or otherwise disclosed shall be inclusive of Value Added Tax or any such other tax or levy imposed by the Government of Malta.
c) RENT LUXURY reserves the right to verify whether your payment method is legitimate and has sufficient funds/credit to cover your payments.
d) Should a member elect to have their membership fee charged automatically and on a recurring basis, the member shall be authorising RENT LUXURY to charge the membership fee to their registered payment method following the lapse of each membership term.
e) By signing up to the Service, you agree to RENT LUXURY charging the entire membership fee to your payment method in terms of your selected membership on or around the same calendar date that you purchased the membership.
f) It shall be your responsibility to ensure that for the duration of your membership, you shall have a valid payment method. Should you cancel or remove your payment method at any time during your membership, RENT LUXURY reserves the right to instantly cancel your membership without prior notification. For further details on cancellation of memberships please refer to clause 12 of these T&Cs.
g) Any refunds due to you shall be refunded to the original payment method.
h) You shall be bound to notify RENT LUXURY of any issues or discrepancies in respect to payments as soon as they first appear in your account.
i) Should a member fail to return an item to RENT LUXURY by the agreed upon return date, the member shall be liable to pay a late return fee of €20 per calendar day over and above the membership fee which would have been paid, and over and above all such other charges, fees and expenses incurred, due to the member’s default or due by the member, for every day or part thereof which lapses, commencing from the agreed upon return date until the item is returned to RENT LUXURY.
j) Should the item not be returned to RENT LUXURY within 10 calendar days from the agreed upon return date, RENT LUXURY shall have the right to escalate the matter and consider the item as lost or stolen. In such case, clause 11 of these T&Cs relating to lost or stolen items shall apply.
k) RENT LUXURY offers 2 types of memberships: -
i. TIMELESS MEMBERSHIP:
Members may either make a one-off purchase of €89.99 for the rental of 1 item for 7 calendar days or a quarterly purchase of €249.99 for the rental of 1 item per month, for 3 months, for a period of 7 calendar days each month.
Prices are inclusive of Value Added Tax.
This membership entitles members to access items with an RRP value up to €900.
Members in possession of a Timeless membership may only access items offered within the Timeless collection.
ii. ETERNAL MEMBERSHIP:
Members may either make a one-off purchase of €109.99 for the rental of 1 item for 7 calendar days or a quarterly purchase of €299.99 for the rental of 1 item per month, for 3 months, for a period of 7 calendar days each month.
Prices are inclusive of Value Added Tax.
This membership entitles members to access items with an RRP value up to €1,700.
Members in possession of an Eternal membership may access items offered within the Timeless collection and the Eternal collection.
l) Without prejudice to that stipulated above, a member who has purchased a quarterly membership shall have the right to exceed the item quota within any month by renting another luxury item for a period which does not exceed 7 calendar days, or the same luxury item for a subsequent period which does not exceed 7 calendar days.
m) A member who has purchased a quarterly membership may exceed the item quota by paying; (i) The sum of €89.99 for an item within the Timeless collection or (ii) The sum of €109.99 for an item within the Eternal collection. In all cases, a member shall be entitled to rent not more than 1 item at any given time.
n) One-off membership purchases shall be utilised within 30 calendar days from the date of purchase. Any unutilised membership purchases shall not be carried forward, unless otherwise permitted by RENT LUXURY.
o) The entire item quota of quarterly memberships shall be utilised within the subsequent 3 months following the date of purchase. Should a member not make use of their entire item quota during this period, they shall not be entitled to carry forward any unutilised entitlements of the membership, unless otherwise permitted by RENT LUXURY.
p) It shall be in RENT LUXURY’s sole and absolute discretion whether to allow a member to exceed the Membership Item Quota.
q) The transfer of each item to a member, shall be subject to, beyond the membership fees and all other fees contemplated by these T&Cs, a deposit fee of €80, which shall be refunded to the member once the item is returned to RENT LUXURY. RENT LUXURY reserves the right to retain and set off the deposit should any monies for damages or other fees or payments contemplated by these T&Cs be owed to RENT LUXURY.
r) A delivery and collection fee of €10, which has been included in the membership fee, shall be charged for every item delivered and subsequently collected by RENT LUXURY from a member (the “Delivery and Collection Fee”).
s) A member who returns a luxury item which is damaged but which may be repaired shall be charged a €20 service charge together with the actual cost of repairing the item, as incurred by RENT LUXURY.
t) RENT LUXURY reserves the right to cancel an Active Membership and decline future applications to utilise the Service, for members who default in making payments or who make late payments.
u) A member who loses a luxury item or who returns a luxury item which is beyond repair shall be charged the higher of the cost of purchasing a replacement item as incurred by RENT LUXURY, or the original retail price of the item should it not be readily available, or its current market value.
v) If a membership is part paid for with a discount code, please refer to clause 19 of these T&Cs.
6. THE ITEMS
a) All items offered on the Site are in new or pre-loved condition. Any signs of wear and tear on vintage items are described and photographed in the relevant product listing on the Site.
b) All of RENT LUXURY’s items are 100% genuine and are certified by external authentication services.
c) The items are as described in the Site’s listings. However, photographs of the items are only indicative of their exact quality and are not contractually binding. The items may differ slightly from the photographs as seen on the Site or on any of RENT LUXURY’s social media platforms.
d) All of RENT LUXURY’s items are specially cleaned and maintained after each time they have been used by RENT LUXURY members.
e) RENT LUXURY shall record the condition of the item by the use of photography and video, each time it enters and leaves the business.
f) In the interest of identifying and ensuring the authenticity of the items, each item shall possess an authenticity marker. An item shall be examined for authenticity each time it enters and leaves the business. Should an authenticity marker be tampered with, clause 10 of these T&Cs shall apply.
7. DELIVERY AND COLLECTION
a) RENT LUXURY shall only deliver an item to the member’s ordinary residence.
b) RENT LUXURY shall only deliver and collect items to and from Malta and Gozo.
c) When an item has been ordered for delivery, cancellation will only be possible if a member notifies RENT LUXURY not less than 5 calendar days prior to the agreed delivery date.
d) Until such time an item is returned to RENT LUXURY, it shall remain the exclusive responsibility of the member.
e) It is the member’s responsibility to confirm that the item has been received in a good condition by signing a physical copy of these T&Cs when the item is delivered.
f) Any missed delivery and collection will be charged at a rate of €10 per attempt, over and above any late return fees as stipulated by clause 5 of these T&Cs and all such other charges, fees and expenses incurred by RENT LUXURY in providing this service.
g) RENT LUXURY shall not deliver an item to and collect an item from a representative of the member.
8. RETURNS
a) The member must return the original item to RENT LUXURY in the original packaging as received from RENT LUXURY.
b) The item shall be collected from the member at a predetermined destination as agreed with RENT LUXURY on an arranged date and time.
c) Should a member fail to return an item to RENT LUXURY by the agreed upon return date, clause 5(h) of these T&Cs shall apply.
d) Should an item not be returned following the lapse of 10 calendar days from the agreed upon return date, the item shall be considered as lost or stolen in accordance with clause 11 of these T&Cs.
9. RISK AND INSURANCE
a) The item is considered to be in a member’s possession from such time as it is delivered to the member, until such time as the item reaches RENT LUXURY premises or any of its authorised representatives. During such time when an item is in a member’s possession the risk and responsibility for the item will immediately vest in the member.
b) During such time an item is in a member’s possession, the member shall take care of the item as a bonus paterfamilias with all required care, prudence and diligence.
c) RENT LUXURY does not offer insurance cover for such time an item is in a member’s possession.
d) RENT LUXURY takes no responsibility for any insurance cover set up by a member.
e) RENT LUXURY strongly encourages the member to include the item under an existing personal insurance policy during such time when the item is in the member’s possession.
f) A member shall not be permitted to take an item outside of Malta, unless, not less than 3 calendar days prior to departure, the member (i) notifies RENT LUXURY of such occurrence, and (ii) provides sufficient proof of valid travel insurance cover, which specifically includes cover for the item.
10. DAMAGE
a) Every member shall take all precautions to avoid theft, loss or damage of an item for such time it will be in their possession including, but not limited to, avoiding exposing the item to the following: -
i. Makeup
ii. Moisture
iii. Liquids
iv. Inks (including but not limited to, pens, markers, etc)
v. Paints
vi. Sharp objects
vii. Dirt or grime
viii. Grease
ix. Oil
x. Perfume
xi. Food
xii. Strong variations in temperature
xiii. Excessive sunlight
xiv. Humidity
xv. Impact/shock including scuffing
b) Damage to an item, will be charged to the member as laid out in these T&Cs. Damage to an item, includes, but is not limited to the following: -
i. Stained, marked or damaged interiors or exteriors;
ii. Ripped leather or exteriors from scraping against a sharp object;
iii. Ripped, torn or scraped interiors from cleaning, sharp objects or excessive force;
iv. Excessive damage to corners or bottom of the item outside of normal wear and tear, due to scuffing on the floor etc;
v. Excessive force, stretching, squeezing or squashing the item so that it loses its shape beyond what is considered normal and reasonable;
vi. Unreasonable and excessive damage to straps, chains or zips that cannot be considered normal wear or manufacturing defaults;
vii. Manipulation and/or tampering of authentication seals, markers or tags.
c) A member shall not be held responsible for any damage which may result from normal wear and tear, including, but not limited to the following: -
i. Natural signs of over-time discolouration;
ii. Natural signs of wear on metal and hardware; and
iii. Replacement of simple removable parts e.g., zips and hooks, should these be considered manufacturing faults or arising from normal usage.
d) If a member returns an item with damage which is not considered by RENT LUXURY to be a result of normal wear and tear, the member shall be liable for:-
i. Any repairs or cleaning required to return the item back to its original condition. Should RENT LUXURY consider the item to be beyond repair, the member shall be charged the higher of the cost of purchasing a replacement item as incurred by RENT LUXURY, or the original retail price of the item should it not be readily available, or its current market value;
ii. All administrative and delivery costs which RENT LUXURY shall incur from the item being repaired or replaced.
e) Should an item be returned with damage which is not considered to be normal wear and tear, RENT LUXURY shall adopt the following procedure: -
i. RENT LUXURY will notify the member by email within 2 working days;
ii. RENT LUXURY reserves the right to place the member’s membership and any orders for subsequent items on hold until the issue has been resolved;
iii. RENT LUXURY shall request a quote for the repair of the item should this be possible;
iv. Following receipt of the quote, RENT LUXURY shall forward the quote to the member forthwith and without delay;
v. RENT LUXURY reserves the right to charge the full amount of the quote to the member’s registered payment method, or request that the member pays this charge through an alternative method.
vi. Should the member fail to pay for damage when requested, RENT LUXURY shall have the right to cancel the member’s membership, without prejudice to its rights at law and to any such other claims and pretensions it may have against the member.
f) Failure to return an item with all of the elements (including but not limited to chains, straps, pouches, keys, charms and accessories) that it was sent out with, is considered damage beyond normal wear and tear. In such case, the member may be charged for the cost of replacing the element if this is possible, or the cost of replacing the full item, as may be determined by RENT LUXURY in its sole and absolute discretion.
11. LOSS, THEFT AND COUNTERFEIT
a) Each item shall be documented, by video and photo evidence, each time it enters and leaves the business to track its condition and authenticity.
b) In case of loss, theft or any damage during such time the item is in the possession of a member, the member shall be bound to: -
i. immediately contact RENT LUXURY through rentluxuryonline@gmail.com;
ii. in the case of loss or theft only, immediately notify the relevant authorities of suspected theft or loss, and follow all such directions or orders of the relevant authorities, including but not limited to filing a police report;
iii. take dated evidence of any damage, loss or theft in the case of any of these occurrences.
c) RENT LUXURY shall investigate any counterfeit, lost or stolen items and may:-
i. inform the relevant authorities;
ii. report the item(s) as stolen; and
iii. take steps to recover the monies for the items;
over and above all such other remedies, competent to RENT LUXURY in terms of law.
d) Should a member return a counterfeit item, RENT LUXURY shall: -
i. consider the item to be stolen;
ii. take steps to recover the monies for the item from the member; and
iii. notify the relevant authorities;
over and above all such other remedies, competent to RENT LUXURY in terms of law.
12. CANCELLATION OF MEMBERSHIP
a) RENT LUXURY reserves the right to cancel a membership should RENT LUXURY reasonably determine that a member is in breach of these T&Cs;
b) Should RENT LUXURY opt to cancel a membership, it shall have the right to demand immediate return of the item.
c) Should RENT LUXURY opt to cancel a membership, it shall have the right to apply any remaining balance of the membership fee, against any penalties or other payments due by the member to RENT LUXURY.
d) Any decision taken by RENT LUXURY shall be final and not subject to appeal or review.
e) Save as otherwise permitted by law, a member shall not have the right to cancel their membership.
f) Should a member request to cancel their membership, the cancellation process shall only commence once: -
i. The item in the member's possession has been returned in a satisfactory condition; and,
ii. all amounts owed to RENT LUXURY, including but not limited to; membership fees, damage and repair fees and late fees have been paid.
13. USE OF ITEMS
a) The Service entitles a member to use an item for personal use only. A member shall be expressly prohibited from: -
i. reselling or selling the item to third parties;
ii. loaning out or renting the item to third parties;
iii. allowing another person to use the item, under whatever title, even for no consideration or gratuitously;
iv. using the item for any commercial or professional purposes, unless expressly authorised by RENT LUXURY.
b) Should it result that a member is in breach of any one of the above, RENT LUXURY reserves the right to immediately commence procedures to cancel the membership and impose a penalty of €300.
14. LIMITATION OF LIABILITY
a) Should RENT LUXURY authorise you to make use of an item for a commercial use, RENT LUXURY shall have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
b) To the fullest extent permitted at law and except in respect of death and personal injury caused by negligence on RENT LUXURY’s part or on the part of RENT LUXURY’s employees, RENT LUXURY shall not be liable to you by reason of any representation, or for any warranty whether expressed, implied, or otherwise, or for loss, damage or expenses (including loss of profits, business or goodwill) that may arise from or in connection with the use of the Site or the Service unless such loss or damage results from fraud or gross negligence on RENT LUXURY’s part or on the part of RENT LUXURY’s employees, agents, representatives or otherwise.
c) These T&Cs shall not be construed to limit your rights and remedies at law.
d) If you are dissatisfied with the Service, the Site, or these T&Cs, your only remedy under these T&Cs shall be to terminate the Service and return the items and to discontinue the use of the Service and/or the Site. RENT LUXURY shall have no liability for any failure or delay resulting from any matter beyond RENT LUXURY’s reasonable control.
15. PRIVACY AND DATA PROTECTION
a) RENT LUXURY’s policy is to respect and protect the privacy of anyone who visits the Site. Please see RENT LUXURY’s Privacy Policy for further detail of how personal data is treated and your rights in relation to such treatment.
16. DISCOUNTED MEMBERSHIPS
a) From time to time, RENT LUXURY may offer the Service for a specified period at a reduced rate (the “Discounted Service”).
b) RENT LUXURY shall have the right to assess and determine your eligibility for the Discounted Service.
c) RENT LUXURY shall have the right to withdraw or modify the Discounted Service at any time without prior notice and with no liability, to the extent permitted under applicable law.
d) RENT LUXURY reserves the right to impose such additional terms and conditions on you, as it may determine from time to time, in order for you to benefit from the Discounted Service.
e) Any additional terms and conditions shall be notified to you in a reasonable manner.
f) When a prospective or existing member benefits from the Discounted Service and opts for the membership to be renewed automatically, the member agrees that RENT LUXURY may automatically begin charging the member for membership at the full priced membership fee, on the first day following the end of the Discounted Service.
17. PEER-TO-PEER RENTALS
a) RENT LUXURY shall also offer an additional service consisting in facilitating peer-to-peer rentals, for a price (the “Peer-to-Peer Service”).
b) RENT LUXURY’s role in the Peer-to-Peer Service shall be limited to allowing a luxury item owner to display their luxury item on the Site, either as part of the Timeless collection or the Eternal collection and introducing a member to a luxury item owner.
c) Items being offered through the Peer-to-Peer Service shall be distinctly identified on the Site.
d) When submitting a request to participate in the Peer-to-Peer Service, a luxury item owner shall be bound to guarantee: -
i. the accuracy and completeness of all information contained in the submission;
ii. that they possess the legal right to submit the item for rent;
iii. that the item is authentic and not counterfeit;
iv. that the item is in a clean and hygienic condition, free from soiling and infestations.
e) All items submitted for rental are subject to both digital and physical approval by RENT LUXURY.
f) RENT LUXURY reserves the right to request the luxury item owner to provide RENT LUXURY with a copy of the receipt issued when purchasing the item, any certificates of authenticity, and/or valuations from reputable competent individuals, over and above such other documentation which RENT LUXURY may determine to be necessary in the specific circumstances.
g) RENT LUXURY reserves the right to refuse a luxury item owner’s request to participate in the Peer-to-Peer Service, without providing any reason or justification for the refusal.
h) Any decision taken by RENT LUXURY in relation to participation in the Peer-to-Peer Service shall be final and not subject to appeal or review.
i) Should RENT LUXURY accede to a luxury item owner’s request to participate in the Peer-to-Peer Service, it shall send a proposal to the luxury item owner. The luxury item owner shall then have the option either to accept the proposal or to reject it in the luxury item owner’s sole and absolute discretion. Should RENT LUXURY fail to receive a reply to its proposal within 7 working days, the offer shall be considered to be withdrawn, without the requirement of any other formality, including no obligation of notifying the luxury item owner of such withdrawal.
j) RENT LUXURY shall consider and evaluate a luxury item owner’s request to participate in the Peer-to-Peer Service on a case-by-case basis.
k) RENT LUXURY shall not be responsible for any loss or damage which may occur or be occasioned to an item during the Peer-to-Peer Service.
18. PROMOTION OF THE SERVICE BY MEMBERS ON SOCIAL MEDIA
a) RENT LUXURY reserves the right to introduce temporary discount periods during a member’s membership in order to incentivise the promotion and marketing of the Service and the renewal of a member’s membership.
b) It shall be in RENT LUXURY’s sole and absolute discretion to introduce such discount periods, including all terms and conditions to which they may be subject.
c) RENT LUXURY reserves the right to refuse to apply any discount to a member, should RENT LUXURY determine that the member did not abide by the terms and conditions of the promotion, which determination shall occur in RENT LUXURY’s sole and absolute discretion.
d) RENT LUXURY reserves the right to end discount periods without notice.
e) Any decision taken by RENT LUXURY shall be final and not subject to appeal or review.
f) When a member benefits from the temporary discount period referred to in this section 18, and opts for their membership to be renewed automatically, the member agrees that RENT LUXURY may automatically begin charging the member for membership at the full priced membership fee, on the first day following the end of the temporary discount period.
19. RENT LUXURY DISCOUNT CODES
a) Prospective or existing members purchasing a RENT LUXURY membership with an eligible discount code will benefit from discounted membership, according to the advertised promotional offer.
b) When a prospective or existing member purchases a membership with an eligible discount code and opts for the membership to be renewed automatically, the member agrees that RENT LUXURY may automatically begin charging the member for membership at the full priced membership fee, on the first day following the end of the discounted period.
c) If a member chooses to cancel their RENT LUXURY membership during or after the discounted period, the standard cancellation policy shall apply.
d) RENT LUXURY reserves the right to end discount code offers without notice.