Terms of service

Terms and Conditions for The Borrowed LTD

1. Introduction

1.1. These Terms and Conditions ("T&Cs") apply to all transactions, including rentals and purchases, made through The Borrowed LTD ("we", "our", "us") and its website [insert website URL]. By using our website, purchasing, or renting any items from us, you agree to comply with and be bound by these T&Cs. If you do not agree with these T&Cs, you should not use our website or services.

1.2. These Terms and the Privacy Policy may change at any time. If we do make changes, we will place a notice on our website. We may also send you an email and/or notify you by other means. Changes take effect on the date set out at the end of these Terms. You should check our Terms often to stay informed of any changes that may affect you. Your continued use of the website and/or services after we change the Terms constitutes your acceptance of the changes. If you do not agree to any of the changes, you must cancel your account and cease using our services.

2. Definitions

2.1. Customer refers to an individual or business engaging with The Borrowed LTD to rent or purchase clothing.

2.2. Rental Outfit refers to any item rented from The Borrowed LTD for a specific period.

2.3. Pre-Loved Clothing refers to second-hand clothing available for purchase through The Borrowed LTD.

2.4. RRP refers to the Recommended Retail Price, which is the original sale price of an item before any discount.

2.5. Lender refers to an individual or business temporarily loaning items to The Borrowed LTD for rental.

3. Rental Clothing Terms

3.1 Lender's Responsibilities:
As a lender, you are responsible for ensuring that:

  • (a) You have all necessary rights to rent out any items you advertise on the service, and that the customer’s use of those items will not infringe or misappropriate any other party's rights.
  • (b) Any descriptions of the items you advertise to The Borrowed for rent are accurate and include all relevant information, such as:
    • i. Notice of any defects, restrictions, or other requirements related to the item’s use.
    • ii. Any instructions or notices that are necessary for the safe use of the item.
    • iii. Proof of purchase or associated documents verifying the item's value, age, and condition.

3.2 Alterations to Rental Outfits:
Customers are not permitted to alter or modify any rental items without written approval from The Borrowed LTD. Minor alterations (such as adding hooks, clasps, or adjusting size where there is available margin) may be allowed at The Borrowed LTD’s discretion. Any permanent alterations will incur compensation charges, which will be agreed upon in advance.

3.3 Damage to Rental Outfits:
If a rental outfit is returned in a damaged condition, the customer agrees to compensate the owner of the item:

  • If the item is permanently damaged, the customer must pay 80% of the original RRP to the owner.
  • If the damage is reparable, the customer must bear the cost of repairs, and the item should be returned to The Borrowed LTD for further action.

3.4 Late Return of Rental Outfits:
Customers are responsible for returning rental outfits by the agreed return date. If the item is returned late, a daily late fee will be charged, as specified at the time of rental. This fee will continue to accrue until the item is returned.

3.5 Refunds for Incorrect Fit:
If a rental outfit does not fit, customers may request a refund; however, any postage costs will be deducted from the refund amount. The item must be returned in its original condition within 3 days for this policy to apply.

4. Purchase of Pre-Loved Clothing

4.1 No Returns on Pre-Loved Items:
All purchases of pre-loved clothing are final, and no returns will be accepted unless the item is found to be faulty upon receipt. Faulty items must be reported to The Borrowed LTD within 3 days of receipt.

4.2 No Refunds for Incorrect Fit:
If a purchased pre-loved item does not fit, the customer is responsible for any sizing issues, and no refund will be issued.

5. Errors, Inaccuracies, and Omissions

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear on the website. However, we cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of The Borrowed LTD. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information, or other materials purchased or obtained will meet your expectations, or that any errors in the service will be corrected.

Occasionally, there may be information on our site or in the service that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the service or on any related website, except as required by law.

6. Feedback & Marketing Use

By engaging with our services (renting or purchasing), you agree that The Borrowed LTD may use your feedback, images, and photos for marketing purposes, including on our website, social media, and other promotional materials.

7. Payment & Fees

7.1 Pricing:
All rental and purchase prices are listed on the website and are subject to change. The final price, including any applicable taxes, will be confirmed at the time of checkout.

7.2 Late Fees:
(a) If you fail to return an item by the agreed return date, you must contact The Borrowed LTD as soon as possible. You will be required to extend the rental period and pay for the additional rental days immediately, unless otherwise agreed with The Borrowed LTD.
(b) If the item is not returned by the Longstop Date (the latest return date), The Borrowed LTD may charge you a late fee equivalent to the daily rental fee, plus an additional 25% charge. For example, if the rental fee is £10 per day, the late fee will be £12.50 per day until the item is returned.
(c) The Borrowed LTD may charge your payment method for any reasonable legal expenses incurred in retrieving the items if the items are not returned by the Longstop Date.

 7.3 Theft:
Theft of any item is not tolerated. If you steal or attempt to steal any item, The Borrowed LTD shall be entitled to take legal action and inform the authorities.

8. Customer Responsibilities

8.1 Care of Rental Items:
Customers are responsible for taking reasonable care of all rental items. If an item is returned in an excessively damaged condition, the customer will be required to pay compensation as per the damage policy outlined above.

8.2 Return of Items:
Customers must ensure that rental items are returned on time, in their original condition, and with all parts (e.g., accessories, tags, etc.). Missing or damaged accessories will incur a charge.

9. Liability

The Borrowed LTD is not responsible for any injury, loss, or damage caused by the use of any rental or purchased items. Customers are responsible for ensuring that rental clothing fits properly and is safe to wear.

The Borrowed LTD is not liable for any delays in delivery or return of items due to circumstances outside of our control, such as postal or courier delays.

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided "as is" and "as available", without any representations, warranties, or conditions of any kind, either express or implied.

In no case shall The Borrowed LTD, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, or loss of data, arising from your use of any service or product obtained through the service.

10. Privacy & Data Protection

We take your privacy seriously. Any personal information provided by you will be stored and used in accordance with our Privacy Policy, which can be found on our website.

11. Governing Law & Dispute Resolution

These T&Cs are governed by the laws of the United Kingdom. Any disputes arising from these terms will be resolved in the courts of the United Kingdom.