Terms of Service
Effective Date: May 1, 2019.
The following Terms of Service (“Terms”) between you (“you” or “your”) and Spinning Closet (“we,” “our,” or “us”) describes the terms and conditions on which you may access and use the Spinning Closet (“SC”) website located at www.spinningcloset.com (the “Site”) and related services including Spinning Closet’s product rental services (together with the Site and the Spinning Closet Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
1.1 “Spinning Closet” (“we”, “our” or “us”) means Spinning Closet (72415835) its successors and assigns or any person acting on behalf of and with the authority of Spinning Closet.
1.2 “Services” means the Spinning Closet website located at spinningcloset.com (the “Site”) and related services including Spinning Closet’s fashion rental services and its content (the “Content”).
1.3 “User” (“client”, “customer”, “you” or “your”) means the User or any person acting on behalf of and with the authority of the User.
1.4 “Product” means all Products (including any fashion accessories e.g. dresses) supplied or rented by Spinning Closet to the User (and where the context so permits shall include any incidental supply of services). The Product shall be as described on any invoices or other documentation provided by Spinning Closet to the User.
1.5 “Rental Period” means the 4 or 8-day period that the User booked the Product for – starting from the day the Product is delivered to the User’s delivery address, to the day the Product is supposed to be dropped at PostNL service point by the User.
1.6 “Rental Price” (the “price”) means the cost of the hire of the Product as agreed between Spinning Closet and the User subject to clause 2 of this contract.
1.7 “Rental Return Due Date” means the date the Product is expected to be back at Spinning Closet’s warehouse. The Rental Return Due Date is calculated to be one business day from the end of Rental Period.
2. Price and Payment
2.1 The Price shall be Spinning Closet’s current Price, at the date of delivery of the Product, according to Spinning Closet’s current Price list as detailed on Spinning Closet’s website.
2.2 Spinning Closet reserves the right to change the Price in the event of a variation to the User’s requirements.
2.3 At Spinning Closet’s sole discretion a deposit may be required.
2.4 Spinning Closet is entitled to demand a security deposit. When registering on the Site the User grants permission, if required, to make available a security deposit, for example via Ideal or Credit Card. That security deposit may be used to collect additional costs due, as in late fees, damage to the clothes or in case of no return.
2.5 Spinning Closet is entitled to set off amounts due and/or to suspend its Service at any time.
2.6 At Spinning Closet’s sole discretion payment shall be due before delivery of the Product.
2.7 Payment may be made by credit card (only Amex, Mastercard and Visa accepted), IDeal or by any other method as agreed to between Spinning Closet and the User.
2.8 All Prices on our website are denominated in Euro.
3. Rental Period and Late Fees
3.1 Rental period shall commence from when the User (or a third party nominated by the User) signs the courier’s delivery receipt and shall continue until the Product is dropped at PostNL service point.
3.2 Where Product has not been returned to Spinning Closet by the Rental Return Due Date then Spinning Closet shall be entitled to charge additional hire fees until the Product is returned to Spinning Closet and the User expressly authorizes Spinning Closet to deduct such additional hire fees from the User’s credit card which was provided at the time of placement of the User’s order. Such additional charges shall be charged a fixed fee of €30 for each day overdue.
3.3 When counting overdue days Spinning Closet shall not count either Sundays or Public Holidays when the drop off point(s) is closed as being part of the overdue period.
3.4 If the User pays Spinning Closet an amount equal to 50% of the recommended retail value in late fees and the User still has the Product(s) in their possession, the Product(s) is The User’s to keep.
3.5 If the User has not returned the rental Product(s) within 15 days after the return date, Spinning Closet will consider the rental Product(s) as non-returned and will charge the User’s credit card 50% of the recommended retail value minus the rental and late fees that the User has already paid.
4. Delivery of the Product
4.1 At Spinning Closet’s sole discretion delivery of the Product shall be deemed to have taken place when the Product is delivered to the User’s nominated delivery address and the User (or a third party nominated by the User) has signed the delivery receipt.
4.2 The fastest shipping method is automatically applied at checkout to ensure your order is with you by 8pm on your requested date.
The order will be sent via a logistics service provider to be appointed by Spinning Closet.
Each shipment is provided with a Track & Trace number, which Spinning Closet receives by email and with which it can provide more insight into the status of the shipment via a web link. If a shipment has not arrived after 2 working days, the Consumer must report this via [email protected]
Spinning Closet will make every effort to resolve this situation satisfactorily.
4.3 The User shall make all arrangements necessary to take delivery of the Product whenever tendered for delivery. In the event that the User is unable to take delivery of the Product at the nominated delivery address, the Product will reach the client only the next day. The redelivery will depend on preference indicated by the User during check-out. In this case Spinning Closet is required to either redeliver the Product the following day at the indicated address or delivery it at a pick-up point in close vicinity of the address. The User will receive a message where the package can be collected in case of a delivery pick-up option the following day.
4.4 Any delivery time or date given by Spinning Closet to the User is an estimate only. The User must still accept delivery of the Product even if late and Spinning Closet will not be liable for any loss or damage incurred by the User as a result of the delivery being late.
5.1 Spinning Closet retains property in the Product nonetheless all risk for the Product passes to the User on delivery.
5.2 The User accepts full responsibility for the safekeeping of the Product.
5.3 Spinning Closet offers free damage insurance to the value of fifty euros (€50) to cover minor damage or staining. For minor damage and/or staining if Spinning Closet assesses (at its sole discretion) that the cost of repairs will be over fifty euros (€50), then the User will be required to pay the difference (e.g. if the repair cost is one hundred and fifty euro (€150), then Spinning Closet will require the User to pay hundred euros (€100)).
5.4 If the Product gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the User then the User will be liable to pay for 50% of the retail value of the Product.
5.5 To prevent the potential use of fraudulent credit cards (or other payment types), Spinning Closet withholds the right to request proof of identity for orders it deems high value. Orders containing three or more dresses may be subject to this request. Where fraudulent activity is suspected, Spinning Closet follows internal verification methods to ensure that the order is valid. If Spinning Closet cannot confirm this, the order may be cancelled. If this is the case, the customer will be notified by email.
6.1 The User shall inspect the Product on delivery and shall within four (4) hours of receipt of the Product notify Spinning Closet (by phone or email) of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.
7. Sizing Issues/Returns
7.1 If the User wishes to cancel an order, then they must contact Spinning Closet as soon as is possible. If the Product hasn’t been dispatched from Spinning Closet’s premises yet, there will not be any cancellation fees. However, if the Product has been dispatched, a cancellation fee of twenty-five euros (€25) per Product will apply. Spinning Closet will issue a full refund less the cancellation fee upon return of the Product to Spinning Closet. The Product should be returned to Spinning Closet within twenty-four (24) hours of signing for the delivery with tags still intact and the return slip completed.
7.2 All Products which is to be returned because of incorrect sizing or because the User has changed their mind must be sent back to Spinning Closet within twenty-four (24) hours of signing for the delivery (with tags still intact and the return slip completed), and Spinning Closet will send out the User a new size or the new selected dress. If for some reason Spinning Closet doesn’t have an alternative size (since Spinning Closet has limited sizes in stock of each Product), it may be that the requested Product is unavailable, or the User does not request a new dress, Spinning Closet will issue the User a full refund of the dress rental cost.
7.3 Once Spinning Closet has received an unworn, tagged dress, as well as the User’s return request, Spinning Closet will email the User a refund request confirmation within three (3) working days. Whilst Spinning Closet will make every effort to process a refund as quickly as is possible, the refund process can take approximately two to four weeks dependent on the independent processing time taken by the User’s credit card provider and the User acknowledges that Spinning Closet has no control over such Credit card issuers processes.
8. User’s Responsibilities
8.1 The User shall:
(a) immediately notify Spinning Closet of any damage to the Product that occurs during the hire period;
(b) on termination of the hire, deliver the Product complete with all accessories, in good order as delivered, fair wear and tear accepted, to Spinning Closet;
(c) keep the Product in their own possession and control and shall not assign the product to a third party or others;
(d) not alter or make any additions to the Product or in any other manner interfere with the Product.
9.1 Spinning Closet may cancel these terms and conditions or cancel the delivery of Product at any time before the Product is delivered by giving written notice. On giving such notice Spinning Closet shall repay to the User any sums paid in respect of the Price. Spinning Closet shall not be liable for any loss or damage howsoever arising from such cancellation.