terms and conditions

These terms and conditions are divided into four parts

PART I: About HAUTE MAISON

PART II: General terms applying to all use of the HAUTE MAISON Offering

PART III: Renter Specific Terms

PART IV: Lender Specific Terms

declaration

BY USING THE HAUTE MAISON OFFERING (AS DEFINED ON THIS PAGE), YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE HAUTE MAISON OFFERING. HAUTE MAISON RECOMMENDS THAT YOU PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.

Last updated: 25 oCTOBER 2024

Welcome to www.hautemaison.co.uk (“we”, “us”, or “our”). By accessing or using our website, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use our website.

PART I - ABOUT HAUTE MAISON

  1. about haute maison

1.1.   HAUTE MAISON operates the online fashion marketplace   on the application ‘HAUTE MAISON’ and connects Renters with Lenders on the mobile application and through an associate website on the domain hautemaison.co.uk.  

1.2.   HAUTE MAISON’s mission is to revolutionise access to luxury fashion, providing a sustainable, circular, and modern service that enables users to rent and lend products via the HAUTE MAISON Offering.

1.3.   The role of HAUTE MAISON shall be limited to providing the intermediary services of the HAUTE MAISON Offering to its Members. HAUTE MAISON does not act as a Lender and at no point in time will HAUTE MAISON become the Lender of a Product. The HAUTE MAISON Offering allows Members to use the HAUTE MAISON Platform as an intermediary platform with functionality which allows Members to contract directly with other Members, and through its operation of the HAUTE MAISON Platform, HAUTE MAISON acts in its capacity as agent of each of the Members in relation to the Service and the entry into the resulting agreements for Rental which shall be directly between the Lender and Renter. HAUTE MAISON is not a party to any Rental between Members and hereby disclaims all liability in respect thereof.

1.4.   At all times, Members act for and on behalf of themselves and never as an agent or representative of HAUTE MAISON.

1.5.   The HAUTE MAISON Offering is owned and operated by HAUTE MAISON. After you complete a transaction, HAUTE MAISON will confirm the key information to Members in writing, either by email or your online account.

1.6.   When accessing or using the HAUTE MAISON Offering you may be any one (or any combination of) the following categories of User:

1.6.1.Renter: a Member who Rents Product(s) on the HAUTE MAISON Platform from a Lender;

1.6.2.Lender: a Member who makes available Product(s) to Rent and Lends Products to Renters via the HAUTE MAISON Platform;

1.6.3.any other User of the HAUTE MAISON Platform who is not a registered Member, such as a visitor to the HAUTE MAISON Platform who is considering applying to become a Member.

1.7.   All Users are required to read, accept and agree to comply with these Terms (including the terms of the Privacy Policy and Cookie Policy) and any third-party terms and conditions referred to within these Terms or which are referred to on the HAUTE MAISON Platform. If you do not wish to accept any aspect of the Terms, you should not apply to register as a Member, and you must stop accessing or using the HAUTE MAISON Offering immediately.

1.8.   Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made available through the HAUTE MAISON Offering may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will take precedence.

1.9.   HAUTE MAISON reserves the right to make changes to the HAUTE MAISON Offering and to these Terms. HAUTE MAISON strongly recommends that you revisit these Terms each time you use the HAUTE MAISON Offering to familiarise yourself with any amendments. Acceptance of any amendments to the HAUTE MAISON Offering and/or the Terms will be inferred from your continued use of the HAUTE MAISON Offering. In the event that HAUTE MAISON makes any significant changes to the HAUTE MAISON Offering and/or the Terms, HAUTE MAISON will notify you via email.

1.10.                To find out more about when and why HAUTE MAISON collects your personal information, how HAUTE MAISON uses it, and how HAUTE MAISON keeps it secure, please refer to the Privacy Policy. For information about how HAUTE MAISON uses cookies, please refer to HAUTE MAISON Cookie Policy.

PART II - GENERAL TERMS APPLYING TO ALL USERS OF THE HAUTE mAISON OFFERING

  1. definitions and interpretation

2.1.   The definitions outlined below apply throughout the Terms:

General Definitions

“Account”

A Member’s account on the HAUTE MAISON Platform establishing that User as a Member entitled to Rent or Lend Products.

“Business Day”

A day, from Monday to Friday, on which the banks in London are generally open for normal business.

“Cleaning Fee”

The fees for cleaning each Product to be paid by the Renter as part of the Services.

“Content”

Any photos, videos, text, or any other information posted to the HAUTE MAISON Platform or HAUTE MAISON social media platform.

“Cookie Policy”

HAUTE MAISON’s cookie policy.

“Delivery Fee”

The fees for delivery of each Product to be delivered to the Renter as part of the Services.

“Earnings”

An amount owed by HAUTE MAISON to a Lender calculated by deducting all applicable Fees from the Rental Fee.

“Fees”

In respect of each Rental of a Product, the fees and charges which are payable pursuant to these Terms, including but not limited to the following:

a)     The Rental Fee payable to HAUTE MAISON as agent for the Lender;

b)     The applicable Service Fee;

c)     The Delivery Fee;

d)     Any applicable Late Fees;

e)     The Cancellation Charge (if applicable);

f)      Mediation Costs (if applicable); plus

g)     VAT at the applicable rate(s).

“Fee Avoidance”

Any action taken by a Member with the intention or effect of directly or indirectly avoiding paying the Service Fee. This includes, but shall not be limited to, any steps taken by a Member in their own capacity or in conjunction with other Members to:

a)     direct Users or Members to an alternative site performing services similar to the Services; or

b)     communicate with another User or Member with a view to circumventing the Service Fee and/or the HAUTE MAISON Offering.

“General Terms”

PART II of these Terms, which apply to all Users.

“HAUTE MAISON”

HAUTE MAISON Limited, a company registered in England and Wales with Companies House Number 15490017, with its registered office at 295 Turing Way, Cambridge, CB3 1BS.

“HAUTE MAISON Offering”

Means the HAUTE MAISON Platform, services and Content made available to Members through the  HAUTE MAISON Platform, including, without limitation,  HAUTE MAISON’s services as agent in order to facilitate the peer-to-peer Rental and Lending of Products, such as pre-owned clothing and fashion accessories.

HAUTE MAISON Platform

The mobile application “HAUTE MAISON” and the website hautemaison.co.uk made available by  HAUTE MAISON.

“Intellectual Property Rights”

Patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Listing”

The listing of a Product by a Lender on the HAUTE MAISON Platform and "List" shall be construed accordingly.

“Mediation Costs

In the event that substantial costs are incurred by HAUTE MAISON as a result of  HAUTE MAISON’s provision of mediation services, a reasonable proportion of those costs, to be determined by the mediator, which  HAUTE MAISON may invoice to the relevant Member for reimbursement in respect of those costs.

“Member(s)”

Any User who has applied to register to use the Services and whose application has been accepted by HAUTE MAISON as a member and "Membership" shall be construed accordingly.

“Payment Method”

Means the payment method associated with a Member’s HAUTE MAISON account or used to pay for the Service, to include credit card, debit card, Apple Pay, Google Pay, WeChat Pay, or any other payment method approved by HAUTE MAISON from time to time.

“Privacy Policy”

HAUTE MAISON’s privacy policy.

“Product”

A product, which is owned by a Lender, which that Member has Listed for Rental via the HAUTE MAISON Offering, which may include but shall not be limited to womenswear clothing, menswear clothing, fashion accessories, shoes, other apparel items, and "Products" shall be construed accordingly.

“Service Fee”

The service fee charged for use of the HAUTE MAISON Offering, which is calculated as a commission on the Rental Fee, which shall be:

a)     as a Lender, you agree to pay HAUTE MAISON a commission payment calculated at the applicable rate, as specified on the HAUTE MAISON Platform and as found here. Unless another rate is specified the default rate shall be 30%.

b)     The Service Fee does not include any Cleaning Fee (if applicable).

“Service”

The Renting and Lending of Products by a Member via the HAUTE MAISON Offering.

“Taxation Information”

Means any information HAUTE MAISON may collect about you from time to time in order to fulfil its obligations and reporting requirements to HMRC. This will non- exhaustively include:

a)     in respect of individuals: full name, primary address, tax identification number and date of birth;

b)     in respect of companies: legal name, primary address, tax identification number, business registration number; and

c)     for all UK residents: your bank account information, to comprise your account name (if different to name above also to be included), account number and sort code.

“Terms”

Means these terms and conditions, the third-party terms and conditions which are incorporated into these terms and conditions by reference, the Privacy Policy and the Cookie Policy.

“Third-Party Content”

Means links or references to third party websites, products, services, materials or content.

“User”

Refers to Members and visitors to the HAUTE MAISON Platform who are not registered as Members and "Users" shall be construed accordingly.

“you”

Means you, a User of the HAUTE MAISON Offering, including Members who may be acting in the capacity of a Renter and/or Lender, as the case may be.  

      

Rental Specific Definitions

“Booking Date”

The date on which a Renter placed the order for the Rental of a Product from a Lender using the HAUTE MAISON Offering, as such date is outlined in a confirmation email and available on the Renter's account dashboard.

“Cancellation Charge”

A charge equating to 30% of the Total Rental Costs payable by a Renter to HAUTE MAISON to cover administrative costs associated with the operation of the HAUTE MAISON Offering in respect of the cancellation of a Rental.

“Collection Fees”

The fee charged for a Renter or a Lender missing a pre-arranged collection of Product in relation to a Rental order. Unless another rate is specified the default rate is £10 per missed collection attempt.

“Drop-off Fees”

The fee charged for a Renter or a Lender missing a pre-arranged drop-off of Product in relation to a Rental order. Unless another rate is specified the default rate is £10 per missed collection attempt.

“Late Fees”

The fee charged for the late return of a Product by a Renter after the Rental End Date.  Unless another rate is specified the default rate is the sum of:

a)     £20 per day until the Product is returned; and

b)     A prorated amount of the original Rental Fee.

“Lend”

The lending of a Product by a Lender to a Renter via the HAUTE MAISON Platform in consideration for the Rental Fee and "Lending" shall be construed accordingly.

“Lender”

A Member who makes product(s) available for Rent to Renters via the HAUTE MAISON Platform and "Lenders" shall be construed accordingly.

“Lender Specific Terms”

The additional terms incorporated into these Terms that apply to Lenders which can be found below in PART IV.  

“Rent/Renting/Rental”

The renting of a Product or Products by a Renter from a Lender, via the HAUTE MAISON Platform in consideration for the Rental Fee.

“Rental End Date”

Means the date upon which the Rental of a Product expires and the date indicated as such in the Renter’s confirmation email and account dashboard. This date is referred to as the "End of Rental Period" date on the HAUTE MAISON Platform.

“Rental Fee”

The fee payable by a Renter, to Rent a Product from a Lender.

“Rental Period”

Means the number of days a Product is Rented for and shall be measured from the Rental Start Date to the Rental End Date.

“Rental Request”

A request made on the HAUTE MAISON Platform by a Member to Rent a Product from a Lender 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 a confirmation email and available on the Account dashboard.

“Renter Specific Terms”

The additional terms incorporated into these Terms that apply to Renters which can be found below in PART III.

“Renter”

A Member who rents a Product from a Lender via the HAUTE MAISON Platform.

“Replacement Value”

A reasonable estimate of the current market value of a Product taking into account comparable resale prices for similar Products, as decided by HAUTE MAISON. In the event of dispute, HAUTE MAISON shall determine the value in its sole discretion and its determination shall be final and binding.

Replacement values will be determined on a case- by-case basis, as all items are unique. Factors such as age, availability and current depreciation rates will be considered when calculating this figure.

If a particular Product has increased in price since its purchase date, the Replacement Value will be charged the price of replacing the Product at current market value at the condition and quality of the Product at the time of the Product being delivered to the Member.

“Total Rental Cost”

Means the total cost paid or payable by the Renter for the Service, non-exhaustively including the Rental Fee, the Service Fee, and the Delivery Fee.

  1. REGISTRATION PROCESS FOR AN ACCOUNT ON THE HAUTE MAISON PLATFORM

3.1.   To access and use the full range of HAUTE MAISON Offerings, you will be required to apply to register to become a Member and set up an Account. You must become a Member with an Account in order to Rent and/or Lend a Product through the HAUTE MAISON Platform.

3.2.   You will be required to supply certain information, including personal information, in order to complete the Account registration form successfully.

3.3.   You are the only person authorised to access and use your Account and your Account is non-transferable. Unless expressly authorised by HAUTE MAISON in writing, you may only register one (1) Account.

3.4.   HAUTE MAISON is under no obligation to accept any person’s application to become registered as a Member and reserves the right to accept or reject any Membership application at its sole and absolute discretion.

3.5.   To register and use the HAUTE MAISON Offerings, HAUTE MAISON may need to request additional information including but not limited to a bank statement or utility bill to confirm your address.

3.6.   As part of the renter registration process, HAUTE MAISON may request additional information from you, including but not limited to; a copy of your passport, drivers licence, biometric residence permit, utility bill and social media handles in order to fully validate your identity.

3.7.   As part of the ID verification process, you will be required to submit a picture of your government-issued ID and take a self photograph. HAUTE MAISON’s ID verification partner uses advanced face recognition and ID authenticity technology to authenticate Members in real time.

3.8.   If you do not complete the ID verification process or send your additional information within 30 days, your membership will be cancelled.

3.9.   You must be over 18 years of age to create a HAUTE MAISON Account and you represent and warrant to HAUTE MAISON 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 in order to facilitate the Renting of products via the HAUTE MAISON Offering.

3.10.                You are responsible for maintaining the confidentiality of your Account details and for any activities that occur under your Account. If you have any concerns that your Account has been misused, you should contact HAUTE MAISON at contact@hautemaison.co.uk.

3.11.                You may not register an Account on behalf of a company or other entity.

3.12.                HAUTE MAISON reserves the right to suspend Lender accounts as well as payouts of any Earnings if necessary and accurate information is not provided upon request.

3.13.                In the event HAUTE MAISON needs to contact you in relation to the HAUTE MAISON Offering, it will do so in accordance with the preferences and contact details indicated by you at registration or checkout, as may be updated by you in your Account settings. If you have indicated that your preferred method of contact is via telephone, HAUTE MAISON, and any other third parties appointed to fulfil the provision of the HAUTE MAISON Offering, may contact you by telephone call or text message, including by an automatic telephone dialling system. Standard message and data rates charged by your mobile carrier may apply to the text messages HAUTE MAISON sends you.

3.14.                When applying for Membership, you will have the opportunity to sign up for marketing emails to hear about all of the latest news and styles available using the HAUTE MAISON Offering. You can unsubscribe from marketing emails at any time by clicking the link in any emails you receive from HAUTE MAISON. For more information about how HAUTE MAISON uses your personal information, HAUTE MAISON recommends that you review HAUTE MAISON Privacy Policy.

  1. ACCOunt

4.1.   It may take up to two business days for HAUTE MAISON to process an application for a HAUTE MAISON membership. We will confirm the status of a membership application via email.

4.2.   HAUTE MAISON has the right to suspend, terminate, or remove your Account at any time at our own discretion due to any of the reasons that are or are not defined in these terms.

  1. Id verification

5.1.   HAUTE MAISON reserves the right to verify the identity of each applicant using third partner verification technology. You will be required to submit a picture of your government-issued ID and to take a self photograph. HAUTE MAISON’s ID verification partner uses advanced face recognition and ID authenticity technology to authenticate Members in real time.

5.2.   HAUTE MAISON collects and processes your data, including but not limited to your: email, title, surname, date of birth, address, and phone number(s).

5.3.   We retain your data for the duration of your Account and all ID data is removed at the termination of your Account. If your application is declined, we will not store your documents.

5.4.   You reserve the right to request HAUTE MAISON to access the data HAUTE MAISON stores about you. HAUTE MAISON will only retain your ID data for as long as necessary to fulfil the purposes HAUTE MAISON collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements

5.5.   All data, financial details, or documents you give us are stored securely, encrypted, and kept private as per our Privacy Policy.

  1. you will tell haute maison of any changes to your information

6.1.   You warrant that all information provided at the point of Account registration, is truthful and accurate and you undertake to update any inaccurate information as soon as reasonably practicable to keep your Account information (including the Taxation Information) complete and accurate at all times.

6.2.   You are solely responsible for maintaining the accuracy of your account information on the HAUTE MAISON Platform.

6.3.   You can update or correct your Account details at any time in your Account dashboard or by emailing HAUTE MAISON at contact@hautemaison.co.uk.

  1. WHAT IS THE HAUTE MAISON OFFERING

7.1.   Upon the acceptance by HAUTE MAISON of your application for registration as a Member, and the successful registration of your Account with HAUTE MAISON, and subject always to your compliance with these Terms, HAUTE MAISON grants you a revocable, non-transferable, non-exclusive, non-sublicensable, license to access and use the HAUTE MAISON Offering for your personal use.

7.2.   Any deliveries of Products that are arranged by HAUTE MAISON and fulfilled by its delivery partners shall not imply that HAUTE MAISON is a party to the contract between the Lender and the Renter. HAUTE MAISON shall be acting as subcontractor and/or agent of the Lender in respect of the provision of delivery services.

  1. unauthorised access of your account or use of the haute maison offering

8.1.   You must notify HAUTE MAISON 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.

8.2.   You acknowledge and accept that your use of the HAUTE MAISON Offering is subject at all times to compliance with these Terms and you agree and undertake not to:

8.2.1.post or transmit any Content, information or other materials on the HAUTE MAISON Platform that is, or which HAUTE MAISON 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;

8.2.2.introduce to the HAUTE MAISON Platform or distribute any viruses, trojans, worms, logic bombs and/or any other material which is malicious or technologically harmful, attack the HAUTE MAISON Offering or any aspect thereof via a denial-of-service attack or a distributed denial-of service attack, or use any robot, spider, scraper or other automated means to access the HAUTE MAISON Offering and/or collect data for any purpose;

8.2.3.display material on the HAUTE MAISON Platform depicting or containing children under the age of eighteen (18);

8.2.4.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 HAUTE MAISON Platform and owned by HAUTE MAISON or a third party, save with the prior written consent of HAUTE MAISON;

8.2.5.infringe the Intellectual Property Rights of HAUTE MAISON or any third party;

8.2.6.post, collect or disclose on the HAUTE MAISON Platform any personally identifying information (including account names, email addresses, postal addresses, phone numbers, credit card or banking information or similar information) or private information relating to any other person without that person’s explicit consent;

8.2.7.post or transmit any unsolicited advertising, promotional materials, or any other form of promotion, marketing or solicitation on the HAUTE MAISON Platform, including without limitation, solicitations of credit or debit card numbers, or promotions of raffles or similar contests;

8.2.8.violate these Terms or any applicable domestic or international laws or regulations;

8.2.9.use the HAUTE MAISON Offering to develop a service or product which competes with any aspect of the business of HAUTE MAISON;

8.2.10.   attempt to gain unauthorised access to the HAUTE MAISON Platform, the server on which the HAUTE MAISON Platform is stored, or any server, computer or database connected to the HAUTE MAISON Offering or of any other User;

8.2.11.   Lend any counterfeit Products or otherwise infringe the copyright, trademark or other rights of third parties;

8.2.12.   repeatedly cancel Rentals;

8.2.13.   engage in any activity which constitutes Fee Avoidance (which shall be determined by HAUTE MAISON in its sole discretion);

8.2.14.   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 HAUTE MAISON Offering, including without limitation, servers, third-party services or networks connected to the HAUTE MAISON Offering or security measures used in connection with the HAUTE MAISON Offering, or take any action that interferes with another User’s use of the HAUTE MAISON Offering or the proper functioning of the HAUTE MAISON Offering;

8.2.15.   attempt to:

8.2.15.1.        or engage in actions which might reasonably cause loss to a User or to HAUTE MAISON;

8.2.15.2.        or engage in actions to reverse engineer, decompile, disassemble, translate, derive or interfere with the source code for the HAUTE MAISON Platform;

8.2.15.3.        use or continue to use the HAUTE MAISON Offering if you have been suspended or banned from use;

8.2.16.   use the HAUTE MAISON Offering in a manner which HAUTE MAISON considers in its sole discretion to be harmful to the business of HAUTE MAISON.

8.3.   If HAUTE MAISON determines, at all times acting reasonably, that any of the activities listed at clause 8.2 have occurred, this will constitute a material breach of these Terms. HAUTE MAISON reserves the right to take any or several of the following acts:

8.3.1.revoke your license to use the HAUTE MAISON Offering, such revocation will occur immediately without further notice to you;

8.3.2.cancel any existing Services which you are party to;

8.3.3.refuse to List any further Products pertaining to you;

8.3.4.block your IP address;

8.3.5.remove any Content submitted by or pertaining to you from the HAUTE MAISON Offering; and/or

8.3.6.restrict, suspend or terminate your Account or use of the HAUTE MAISON Offering.

  1. account security and your responsibilities for your account

9.1.   The HAUTE MAISON Platform contains a feature which allows you to remain logged into your Account so that you can log in automatically and conveniently each time you access the HAUTE MAISON Platform.

9.2.   You acknowledge and agree that you will be responsible for any damage or loss to HAUTE MAISON or the HAUTE MAISON Offering arising from or relating to unauthorised access to the HAUTE MAISON Offering from your Account.

9.3.   Responsibility for the security of your account information and access is solely down to the named individual on the account. You are responsible for all activities including purchases under your account, whether or not you authorised them. We accept no liability for any loss or damage from unauthorised access or use.

9.4.   It is your responsibility to notify HAUTE MAISON of any unauthorised use or access of your account known or suspected by you.

9.5.   You agree to reimburse HAUTE MAISON in respect of any claims made or threatened against HAUTE MAISON, and any loss or damage arising from or relating to such unauthorised access to your Account.

9.6.   HAUTE MAISON will have no liability to you or any third party for damage or loss related to or arising from such unauthorised access or use of your Account.

  1. how haute maison can deactivate your account and how you can stop using the haute maison offering

10.1.   HAUTE MAISON reserves the right to deactivate an Account at any time, including, without limitation, if it is determined by HAUTE MAISON that a Member has violated these Terms or any aspect thereof.

10.2.   Apart from Services which are currently in progress, you may cease using the HAUTE MAISON Offering at any time. You may delete your Account by emailing HAUTE MAISON at deleteaccount@hautemaison.co.uk or by pressing the button “DELETE ACCOUNT” in your My Account page. You acknowledge and agree that your Content may continue to be used and displayed by HAUTE MAISON on the HAUTE MAISON Platform even after such deactivation.

10.3.   HAUTE MAISON will only retain your personal data for as long as necessary to fulfil the purposes HAUTE MAISON collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, HAUTE MAISON considers 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 HAUTE MAISON process your personal data and whether HAUTE MAISON can achieve those purposes through other means, and the applicable legal requirements. Further details are set out in HAUTE MAISON’s Privacy Policy.

10.4.   In respect of Lenders, HAUTE MAISON can suspend or restrict any Listing made on the HAUTE MAISON Platform if HAUTE MAISON becomes aware, or have reason to believe, that the Listing is not true, accurate or up to date or that the Product or the Listing doesn’t comply with these Terms, or is otherwise unlawful.

10.5.   HAUTE MAISON can end your rights to use the HAUTE MAISON Offering for any of the following reasons:

10.5.1.you have not complied with these Terms, including the policies referred to in them and your non-compliance is more than trivial or is repeated;

10.5.2.you have not paid an invoice for all or any part of the Fees by the due date;

10.5.3.you, being an individual, are the subject of a bankruptcy petition, application or order;

10.5.4.you have, as a company, become insolvent or you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business or your financial position deteriorates to such an extent that HAUTE MAISON reasonably believes your ability to fulfil your obligations is at risk;

10.5.5.HAUTE MAISON reasonably considers that continuing to provide access to the HAUTE MAISON Offering to you could expose the HAUTE MAISON Offering to disrepute, contempt, scandal or ridicule, or would tend to shock, insult or offend the public or reflect unfavourably on HAUTE MAISON’s reputation or the other Members on the HAUTE MAISON Offering;

10.5.6.HAUTE MAISON decides to stop providing the HAUTE MAISON Offering; or

10.5.7.HAUTE MAISON reasonably determines, or receives information or notice from HMRC, that you are not meeting your tax obligations.

10.6.   HAUTE MAISON will give you at least 30 days’ notice that HAUTE MAISON is ending this agreement and closing your Account, unless:

10.6.1.HAUTE MAISON’s legal, tax or regulatory obligations require HAUTE MAISON to end this agreement without such notice;

10.6.2.It is imperative for HAUTE MAISON to end this agreement either immediately or on shorter notice. For example, HAUTE MAISON may end this agreement with immediate effect if you, as a company, become insolvent or you, being an individual, are the subject of a bankruptcy petition, application or order, or HAUTE MAISON discover that your Products are unsafe or counterfeit or present a danger to minors, or if HAUTE MAISON reasonably suspects you of fraud or of using the HAUTE MAISON Offering to spam others;

10.6.3.you’ve repeatedly broken this agreement;

10.7.   If HAUTE MAISON is suspending or restricting an individual Listing or ending this agreement, HAUTE MAISON will normally give you a written statement of the specific facts or circumstances which led to the decision and which of these Terms HAUTE MAISON considers you have broken. If HAUTE MAISON are acting in response to a notification from someone else, HAUTE MAISON will also share the contents of that notification with you, but will not tell you who the notification came from. However, HAUTE MAISON will not give you such a statement if:

10.7.1.HAUTE MAISON is subject to a legal, tax or regulatory obligation not to provide the specific facts or circumstances or to set out the reasons; or

10.7.2.HAUTE MAISON is ending this agreement because you’ve repeatedly broken it.

10.8.   HAUTE MAISON will send the statement to you via email or another durable medium. Where HAUTE MAISON are suspending or restricting an individual Listing, HAUTE MAISON will send the statement before or at the time of the suspension or restriction. If HAUTE MAISON are ending this agreement, HAUTE MAISON will send the statement at the same time that HAUTE MAISON give notice that HAUTE MAISON is ending this agreement.

  1. your and haute maison's obligations after this agreement ends

11.1.   After this agreement ends (for whatever reason) you must (unless HAUTE MAISON tell you otherwise):

11.1.1.when acting as a Lender:

11.1.1.1.           Immediately remove any Listings for your Products from the HAUTE MAISON Platform;

11.1.1.2.           Leave your profile (excluding Listings for your Products) live until 60 days after your fulfilment of the last order for Services you received through the HAUTE MAISON Platform, to allow Renters to contact you about orders previously submitted. Once this period has expired you must remove your Renter facing profile.

11.1.2.continue to comply with these Terms insofar as they relate to Services received through the HAUTE MAISON Platform before your agreement ended. You need only comply with the version of these Terms which applied when this agreement ended.

11.2.   After this agreement ends (for whatever reason) HAUTE MAISON:

11.2.1.in respect of Lenders:

11.2.1.1.           may remove all Listings for your Products from the HAUTE MAISON Offering, if you’ve not already done so, and reject any order received after this agreement ends;

11.2.1.2.           may remove your Renter facing profile from the HAUTE MAISON Platform, if you’ve not already done so, except that HAUTE MAISON can keep it live until 60 days after the fulfilment of the last order you received through the HAUTE MAISON Platform, to allow Renters to contact you about orders previously submitted.

11.2.2.will continue to comply with these Terms insofar as they relate to orders received through the HAUTE MAISON Platform before your agreement ended. HAUTE MAISON will comply with the version of these Terms which applied when this agreement ended.

11.2.3.will give you access to data (including personal data) generated by your use of the HAUTE MAISON Platform to the extent and for the period set out in HAUTE MAISON’s Privacy Policy.

  1. changes to the haute maison offering and these terms

12.1.   HAUTE MAISON reserves the right to make changes to the HAUTE MAISON Offering and to these Terms to (without limitation):

12.1.1.reflect changes in relevant laws and regulatory requirements;

12.1.2.implement technical adjustments; and

12.1.3.make improvements to the HAUTE MAISON Offering.

12.2.   HAUTE MAISON is always looking at new ways and innovative features to improve the HAUTE MAISON Offering. Whilst implementing these updates, HAUTE MAISON may need to reset, stop offering or supporting a particular aspect or feature of the HAUTE MAISON Offering. These changes may affect your past activities, current features and Content you have posted and any other information you have submitted to the HAUTE MAISON Platform. Once HAUTE MAISON has made the changes to any part of the Services, your acceptance will be inferred from your continued use of the HAUTE MAISON Offering.

  1. ACCESS AND AVAILABILITY TO THE HAUTE MAISON OFFERING IS NOT GUARANTEED

13.1.   Access to the HAUTE MAISON Offering is permitted on an “as is” temporary basis. HAUTE MAISON may suspend, withdraw, discontinue or change all or any part of the HAUTE MAISON Offering without notice. HAUTE MAISON will not be liable to you if the HAUTE MAISON Offering is unavailable at any time or for any period of time.

13.2.   You are responsible for making all arrangements necessary to facilitate access to the HAUTE MAISON Offering. You will also be responsible for ensuring that all persons who access the HAUTE MAISON Offering through your internet connection are aware of these Terms and that said persons remain in compliance with these Terms at all times.

13.3.   HAUTE MAISON will use reasonable endeavours to ensure that the HAUTE MAISON Offering is operational at all times. However, the HAUTE MAISON Offering may be subject to limitations, delays and other problems inherent in the use of such communications facilities and you acknowledge that the HAUTE MAISON Offering:

13.3.1.will not be uninterrupted or error-free;

13.3.2.may experience delays and contain inaccuracies;

13.3.3.may become unavailable from time to time due to maintenance requirements, malfunction or otherwise; and

13.3.4.will not be free from vulnerabilities or viruses and you should ensure that any devices you use to access the HAUTE MAISON Offering have up to date anti-virus and anti-malware protection.

13.4.   HAUTE MAISON 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 HAUTE MAISON Offering.

  1. haute maison content belongs to haute maison

14.1.   All Content and information available through the HAUTE MAISON Offering, including but not limited to, Product and Listing descriptions and specifications, Product photos or videos, advice from stylists and photos are available to you on an “as is” basis and is to be used for general information purposes only.

14.2.   Such information is provided on an anonymous basis, without any knowledge as to your identity or specific circumstances. HAUTE MAISON reserves the right to update the Content as HAUTE MAISON deems appropriate and without advance notice to you.

14.3.   You must not extract or otherwise use any Content or data on the HAUTE MAISON Platform for commercial purposes.

  1. HAUTE MAISON IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CONTENT

15.1.   The HAUTE MAISON Offering may contain links or references to non-HAUTE MAISON websites, products, services or other materials or Content. This Third-Party Content is provided to you as a convenience, and HAUTE MAISON 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 HAUTE MAISON, and HAUTE MAISON has no control over the Third-Party Content.

15.2.   In addition, a link to any Third-Party Content does not imply that HAUTE MAISON endorses, approves of or accepts any responsibility for the Third-Party Content or its provider, or vice versa.

15.3.   You acknowledge and agree that HAUTE MAISON 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. HAUTE MAISON strongly encourages you to review any separate terms and conditions of use, privacy policies and cookie policies governing these third-party websites and Third-Party Content.

  1. you are responsible for your own content

16.1.   You warrant that:

16.1.1.you have all relevant rights, licenses and/or approvals in relation to any Content you post on the HAUTE MAISON Offering, or, you own all Intellectual Property Rights in the Content;

16.1.2.the publication of Content will not infringe upon the rights (including Intellectual Property Rights) of any third-party; and

16.1.3.all photographs will be true, accurate and un-edited photographs of the Product(s).

16.2.   You acknowledge and agree that the Content will be accessible by others and that, subject to clause 16.5, the Content is wholly your responsibility.

16.3.   You agree to reimburse HAUTE MAISON in respect of all liabilities suffered or incurred by HAUTE MAISON arising out of or in connection with an infringement of the rights of any third party (including Intellectual Property Rights).

16.4.   By creating a Listing or uploading Content to the HAUTE MAISON Platform, you acknowledge and agree that you are granting HAUTE MAISON and its licensees a worldwide, non- exclusive, royalty-free, irrevocable, sublicensable, transferable 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 HAUTE MAISON Offering, and to promote the relevant Products on your behalf acting as your agent to other Users for Rental. Content may be displayed and shared by or on behalf of HAUTE MAISON in online and offline advertisements, emails, and on other websites and applications to promote HAUTE MAISON and increase the visibility of the HAUTE MAISON Offering.

16.5.   You understand that the Content you upload will not be constantly monitored by HAUTE MAISON and you agree and undertake not to upload Content which is unsuitable, offensive, discriminatory, threatening, abusive, defamatory, obscene, inappropriate, infringing, indecent or which does not comply with these Terms. HAUTE MAISON additionally reserves the right to modify the presentation of photographs of Products (e.g. by resizing the photographs or removing the background of a Product so that it appears over a white background) or otherwise remove any photographs which it considers in its sole discretion to be:

16.5.1.tampered with;

16.5.2.of less than acceptable quality;

16.5.3.unfit for the purpose of accurately displaying the Product(s); or

16.5.4.infringing the Intellectual Property Rights of any third party, and

16.5.5.HAUTE MAISON’s decision to remove a photograph shall be final.

16.6.   In the event that HAUTE MAISON determines, in its sole discretion, that the description of a Product is incorrect or inaccurate (due to negligence, misrepresentation or otherwise), or you have fraudulently misrepresented the true description of a Product, or you have wilfully concealed the true description of a Product, (the “Offending Content”), without any delay or notice, HAUTE MAISON may:

16.6.1.promptly remove (or ask you to promptly remove) the Offending Content from the HAUTE MAISON Platform;

16.6.2.permanently or temporarily restrict your ability to upload any additional Content to the HAUTE MAISON Platform;

16.6.3.restrict your access to the HAUTE MAISON Offering;

16.6.4.temporarily or permanently disable your access to the HAUTE MAISON Offering;

16.6.5.terminate any pending Services; and/or

16.6.6.take any other action which it considers necessary to remedy the breach.

16.7.   HAUTE MAISON may be required to obtain additional information from third parties in respect of a Listing if Content relating to a Product is uploaded without all requisite details, including without limitation, specifications, images, and additional descriptions. HAUTE MAISON 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. HAUTE MAISON shall use its reasonable endeavours to ensure the accuracy of any additional information but shall not be liable for any inaccuracies or any losses or damages resulting from it.

16.8.   You acknowledge and agree that HAUTE MAISON shall not be liable for any loss, damage or liability resulting from your reliance on Content posted on the HAUTE MAISON Platform by other Users and any reliance on such Content is entirely at your own risk.

16.9.   Other than Content uploaded by you, no part of the HAUTE MAISON Offering or Content may be reproduced or transmitted or distributed by you in any form, by any means, electronic or mechanical, including photocopying and recording, except that HAUTE MAISON authorises you to view, copy, download, and print Content (such as press releases and FAQs) that are available on the HAUTE MAISON Platform, provided that:

16.9.1.you use the Content solely for your personal, non-commercial, informational purposes;

16.9.2.you do not modify the Content or transmit or distribute it to any other person; and

16.9.3.you do not remove any copyright, trademark, and other proprietary notices on the Content.

16.10.                If any of the Content posted or submitted to the HAUTE MAISON Offering by another User makes you feel threatened, discriminated, abused or otherwise uncomfortable, or if you believe any such Content is offensive or otherwise breaches these Terms, please notify HAUTE MAISON at help@hautemaison.co.uk.

  1. member data

17.1.   Your use of the HAUTE MAISON Offering will generate data (including personal data), about orders, queries. and other matters.

17.2.   HAUTE MAISON’s Privacy Policy sets out the extent to which and under what conditions HAUTE MAISON will access this data (including the data categories) and give you access to this data, how HAUTE MAISON will do this. And the extent to which HAUTE MAISON allows third party service providers access to such data and how (and for how long) you can obtain access to such data after this agreement ends.

17.3.   HAUTE MAISON shares data generated through your own and other Members’ use of the HAUTE MAISON Offering with all Renters using the HAUTE MAISON Platform and third parties. What data HAUTE MAISON shares in this way and how HAUTE MAISON does this is set out in the Privacy Policy.

  1. listing rankings

18.1.   The order of Listings which appear in search results is not indicative of a preference for any particular Listing, Lender by HAUTE MAISON and is dependent on various factors, including without limitation, the following main parameters:

18.1.1.the search parameters employed by a Renter;

18.1.2.the price of the Product;

18.1.3.availability of the Product;

18.1.4.prior cancellations by a Lender;

18.1.5.market trends.

18.2.   HAUTE MAISON may invite Lenders to participate in promotions, for example, by paying HAUTE MAISON for a more visible listing (as explained in the ranking parameters policy) or offering free delivery for Products or discounts. The terms of such promotions will be available through the Lender’s Account and by submitting any Products for such a promotion, the Lender agrees to the relevant terms.

  1. HAUTE MAISON OWNS ITS INTELLECTUAL PROPERTY AND YOU GRANT US RIGHTS IN YOUR INTELLECTUAL PROPERTY

19.1.   You acknowledge and accept that your use of the HAUTE MAISON Offering does not confer on you any Intellectual Property Rights owned by HAUTE MAISON or its licensors and you agree and undertake that you shall not attempt to register or use any trademarks, domain names, trade names or derivations thereof that may imitate or are similar enough to those owned by HAUTE MAISON as to be confusing. You shall not, under any circumstances, attempt to or harm, tarnish or damage the HAUTE MAISON brand or perception of HAUTE MAISON in any way, knowingly or otherwise.

19.2.   HAUTE MAISON is the owner or licensee of all Intellectual Property Rights in the HAUTE MAISON Offering, the Content and in the material published on the HAUTE MAISON Platform (including text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software). Those works are protected by copyright laws and treaties around the world. All such rights are reserved to HAUTE MAISON and its licensors.

19.3.   Unless any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply, you agree not to otherwise reproduce, duplicate, copy, resell or in any other manner re-use or exploit any part of the HAUTE MAISON Offering or Content on the HAUTE MAISON Platform unless HAUTE MAISON has provided its prior written consent for you to do so.

19.4.   You acknowledge and accept that you have no Intellectual Property Rights arising from the HAUTE MAISON Offering or the Content and you agree that you will not use the HAUTE MAISON Offering or the Content save as in accordance with these Terms. It is your sole responsibility to ensure you have all necessary rights and licenses to use and/or submit materials and Content to the HAUTE MAISON Offering.

19.5.   HAUTE MAISON grants to you a non-transferable, non-exclusive revocable license to use the HAUTE MAISON Offering provided that you comply with these Terms and Conditions and the documents referred to in it. We reserve other rights.

  1. FEES AND CHARGES THAT YOU MAY INCUR

20.1.   All Fees, costs and charges on and in relation to the HAUTE MAISON Offering are payable in British Pound Sterling (£). Any amendments to Fees will be updated and reflected on the HAUTE MAISON Platform.

20.2.   HAUTE MAISON works with online payment platforms, such as Stripe, to manage the secure payment process and you acknowledge and consent to HAUTE MAISON sharing your information with Stripe for the purposes of providing the HAUTE MAISON Offering. From time to time, Stripe may require further identification checks and you will be required to provide the further information requested to ensure your continued use of the HAUTE MAISON Offering.

20.3.   Members are solely responsible for any obligations they may have to pay any applicable taxes and make any required reporting to tax authorities, including but not limited to, customs duty or other import charges, VAT and other sales, rental, tourist, income or other taxes.

  1. DELIVERY / DISPATCH / RETURNS

21.1.   Product(s) will be sent to the Renter by HAUTE MAISON acting as agent on behalf of the Lender.

  1. products delivered by haute maison on behalf of the lender

22.1.   All deliveries will be sent through HAUTE MAISON’s delivery partners, which may be updated from time to time at HAUTE MAISON’s discretion. The delivery method used will be at the discretion of HAUTE MAISON.

22.2.   HAUTE MAISON (as agent for the Lender), or HAUTE MAISON’s delivery partners will contact the Renter with a tracking number that provides information about estimated delivery and arrival times of Rented Products.

22.3.   If HAUTE MAISON or HAUTE MAISON’s delivery partners have used reasonable endeavours to deliver a product to the Renter and those endeavours have proven unsuccessful, for instance, if the address provided by the Renter is incorrect or incomplete or the parcel is sent back due to non-acceptance by the Renter, an email will be sent to the Renter to notify them and the Product shall be returned to the Lender.

22.4.   HAUTE MAISON disclaims any liability in the case of loss of or damage to a Product while in transit to a Renter, which shall be the responsibility of the Lender. 

  1. returns to haute maison

23.1.   This clause applies to Products dispatched by HAUTE MAISON acting as agent for the Lender.

23.2.   HAUTE MAISON will, as agent for the Lender, contract with the relevant HAUTE MAISON delivery partner for them to deliver the Product with a prepaid, pre-addressed reusable return packaging (the “Return Packaging”) together with instructions for the Renter’s use in returning the Products to HAUTE MAISON on behalf of the Lender. If the Renter loses the Return Packaging, they must contact HAUTE MAISON at help@hautemaison.co.uk to request new Return Packaging and it is agreed that HAUTE MAISON may, at its sole discretion, charge the Renter for the cost of the Return Packaging and in that case, you, acting as the Renter consent to payment being taken from the Payment Method without any further notice to you.

23.3.   If a Product is not returned to HAUTE MAISON on behalf of the Lender in the Return Packaging provided, HAUTE MAISON may, at its sole discretion, charge the Renter for the cost of the Return Packaging and in that case you, acting as the Renter, consent to payment being taken from the Payment Method without any further notice to you.

23.4.   The charge for Replacement of the Return Packaging is £10.

  1. returns to a lender

24.1.   HAUTE MAISON disclaims any liability in the case of loss of or damage to a Product prior to or while in transit to a Lender, which shall be the responsibility of the Renter.

  1. delivery liability

25.1.   A Product shall remain the property of the Lender.

25.2.   The transfer of the risk of loss or damage to a Product shall take place upon receipt of the Product by the Renter or by a third party that the Renter shall have commissioned or instructed to act on their behalf in accordance with the policies of the applicable HAUTE MAISON Delivery Partner. The Renter shall therefore be liable for any damage caused to a Product or the loss of a Product after it has been received.  

25.3.   FOR ALL ORDERS HAUTE MAISON ACTS ONLY AS AN AGENT BETWEEN BUYER AND SELLER. HAUTE MAISON DOES NOT TAKE ANY RESPONSIBILITY FOR ITEMS LOST BY COURIES OR NOT RETURNED BY RENTERS, LOST IN TRANSIT, OR OTHERWISE LOST. THE FINAL DECISION TO DISPATCH ITEMS OR NOT IS THAT OF THE ITEM OWNER (THE LENDER) AND THIS DECISION IS THEIR RESPONSIBILITY.

  1. haute maison's liability to you

26.1.   HAUTE MAISON does not exclude or limit in any way HAUTE MAISON’s liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by HAUTE MAISON’s negligence or the negligence of HAUTE MAISON’s employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

26.2.   Whilst HAUTE MAISON undertakes verification checks of Members to keep the HAUTE MAISON offering safe and secure, you acknowledge and agree that you Rent and/or Lend Products entirely at your own risk. HAUTE MAISON does not endorse or guarantee any Product or Member or make any assertions as to their trustworthiness. HAUTE MAISON, as an agent or intermediary only, does not accept any liability for a Member’s performance throughout the course of a Service.

26.3.   HAUTE MAISON’s role and responsibilities are limited to the provision of the HAUTE MAISON Offering and acting as agent for the Members in entering into the relevant Rental on their behalf. As HAUTE MAISON is not the Lender of any Products, HAUTE MAISON has no control over the Products and therefore does not give any commitment relating to the existence, quality, safety, genuineness or legality of a Product. Any deliveries of Products that are arranged by HAUTE MAISON and fulfilled by HAUTE MAISON or its delivery partners shall not imply that HAUTE MAISON is a party to the contract between the Lender and the Renter.

26.4.   HAUTE MAISON shall be acting as subcontractor and/or agent of the Lender in respect of the provision of delivery services and HAUTE MAISON shall have no liability to you for any delay or failure in delivery or any items lost or damaged by a delivery partner or courier or HAUTE MAISON.

26.5.   HAUTE MAISON expressly excludes any and all conditions, warranties or representations both implicit or explicit and all liability relating to or arising from the truth or accuracy of a Listing or any aspect thereof or any other Content made available by Members, the ability of Lenders to Lend a Product, the ability of a Renter to pay the applicable Fees for the Product or that any Member will actually complete the Service or send or return a Product.

26.6.   You decide whether to proceed with the Service and HAUTE MAISON 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 including where the delivery information, address or location provided by a Member is unsecure or unsuitable.

26.7.   HAUTE MAISON is responsible to a Member only for foreseeable loss and damage caused by HAUTE MAISON in the provision of the HAUTE MAISON Offering in accordance with these Terms. If HAUTE MAISON fails to comply with these Terms, HAUTE MAISON is responsible for loss or damage you suffer that is a foreseeable result of HAUTE MAISON failing to comply with these Terms or HAUTE MAISON failing to use reasonable care and skill whilst providing the HAUTE MAISON Offering, but HAUTE MAISON is 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 HAUTE MAISON Offering was made available and the Service was entered into, both HAUTE MAISON and the Member knew that it might happen, for example, if you discussed it with HAUTE MAISON prior to using the HAUTE MAISON Offering to enter into the Service.

26.8.   If HAUTE MAISON has supplied you with Content or an update to the HAUTE MAISON Platform which is defective and HAUTE MAISON’s failure to use reasonable care and skill causes damage to a device or digital content belonging to you, HAUTE MAISON will not be liable for any damage which you could have avoided by following HAUTE MAISON’s advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place suitable anti-virus, anti-malware and backup procedures, and the minimum system requirements advised by HAUTE MAISON.

26.9.   To the maximum extent permitted by the law, HAUTE MAISON’s total responsibility for any claims relating to the Service is limited to the Service Fee payable in connection with the Service to which the claim relates.

26.10.                For any other claims arising out of the provision of the HAUTE MAISON Offering (including without limitation any dispute between Members in relation to any Content you access via the HAUTE MAISON Offering or any other Member you interact with), HAUTE MAISON does not accept any responsibility whatsoever (whether arising in contract, tort or otherwise), except where, as mentioned above, HAUTE MAISON cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by HAUTE MAISON’s negligence).

26.11.                HAUTE MAISON is not liable for business losses, indirect, special or consequential losses and/or any financial or business loss, loss of profit, or loss of or damage to goodwill or reputation.

26.12.                HAUTE MAISON only provides the HAUTE MAISON Offering for domestic and private use. If you use the products for any commercial or business purpose, HAUTE MAISON will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  1. contact outside the haute maison offering

27.1.   In the event you talk to any Members outside of the HAUTE MAISON Offering (to include communications on any social media platform), HAUTE MAISON will be unable to provide any assistance to you in the event of any dispute between you and the other Member and HAUTE MAISON disclaims any liability to you in respect of any loss you suffer arising out of or in connection with any contact with another Member outside of the HAUTE MAISON Offering.

  1. listing checks performed by haute maison

28.1.   corresponds with the Product displayed. However, HAUTE MAISON shall not check whether all or any Products or the description of the Product in the relevant Listing meets the Renter’s expectations. HAUTE MAISON does not guarantee that the Renter will find the Product satisfactory, whether from an aesthetic point of view or from a practical point of view, as to its use.

28.2.   HAUTE MAISON explicitly does not warrant or guarantee (i) the quality, size or legality of any items listed for rent on the Service or the legality of any User Content made available on the HAUTE MAISON Platform or HAUTE MAISON Offering; or (ii) the truth or accuracy of the items listed for rent or User Content.

  1. how haute maison uses your personal information

29.1.   As a User of the HAUTE MAISON Offering, you consent to HAUTE MAISON handling your personal data in accordance with the Privacy Policy.

29.2.   For details about which cookies are collected and how to manage cookies, please see the Cookie Policy.

  1. disputes between members

30.1.   If you have a dispute with another Member, you agree to release HAUTE MAISON from any claim, demand or damage of any kind and nature that has arisen from the dispute, both knowing and unknowing.

30.2.   Members in dispute with each other must first attempt to resolve the issue via the following process:

30.2.1.the disputing party (“Claimant”) may raise the issue with HAUTE MAISON and give reasons for the dispute in reasonable detail, at which point HAUTE MAISON will enable direct communication between the claimant with the other Member (“Defendant”).  

30.2.1.1.           notwithstanding the above, the Claimant must be able to provide sufficient evidence of any loss or damage suffered by the Claimant as a result of use of the HAUTE MAISON Offering in connect with the Defendant. If you are unable to provide sufficient evidence, HAUTE MAISON will not be able to help you mediate or resolve any dispute.  

30.2.2.the Claimant must then raise the issue directly with the other Member (“Defendant”) and give reasons for the dispute in reasonable detail;

30.2.3.HAUTE MAISON encourages all Members to resolve disputes directly with each other.

30.2.4.if you and another Member are unable to resolve the issue, HAUTE MAISON will make all reasonable efforts to mediate an equitable outcome.

30.3.   In the event that substantial costs are incurred by HAUTE MAISON as a result of HAUTE MAISON’s provision of mediation services, HAUTE MAISON may invoice each Member for a reasonable and proportional reimbursement in respect of these costs (the “Mediation Costs”).

30.4.   All disputes must be raised within 4 days of the rental end date. Disputes must be raised by either party directly between themselves or by emailing help@hautemaison.co.uk. Disputes raised more than 4 days after the rental end date will not be considered.

30.5.   Should the Members not be able to resolve the dispute with each other,  HAUTE MAISON’s decision is final. Members agree to accept agree to accept HAUTE MAISON’s final determination of any dispute and pay any amounts owed by you.

30.6.   Members must not post on social media, online, or make public any information about the dispute before the dispute process has been completed.

30.7.   In the event that there is a dispute between two Members, HAUTE MAISON may be requested to disclose certain confidential information and personal data to the police, any court of competent jurisdiction or any regulatory, judicial, governmental or similar body or any taxation authority of competent jurisdiction and you acknowledge and consent to the disclosure of your confidential information and personal data in those circumstances.

  1. disputes with haute maison or complaints about haute maison

31.1.   If you want to complain about the HAUTE MAISON Offering or the way HAUTE MAISON has treated you, including because you disagree with HAUTE MAISON’s decision on refunding or compensating another Member, restricting or suspending a Listing, or ending this agreement, please contact HAUTE MAISON at help@hautemaison.co.uk.

31.2.   Both you and HAUTE MAISON agree that in the event of a dispute or complaint, you will make efforts in good faith to resolve the dispute before resorting to more formal means of resolution.

31.3.   HAUTE MAISON may refuse mediation of a dispute which has previously been mediated if the mediator determined you weren’t acting in good faith in that mediation. HAUTE MAISON may also refuse mediation of any dispute connected to other disputes in which a mediator has repeatedly found in our favour.

31.4.   HAUTE MAISON reserves the right to bring legal action at any time.

  1. bank disputes

32.1.   By using the HAUTE MAISON Offering, you expressly agree not to initiate any chargebacks, payment disputes, or similar actions with your bank or payment provider without first attempting to resolve the issue directly with the HAUTE MAISON support team. Engaging in such actions without prior consent from HAUTE MAISON constitutes a breach of these terms and conditions.

  1. general

33.1.   These Terms constitute the entire agreement between you and HAUTE MAISON and supersedes and extinguishes all previous terms and conditions, agreements, promises, assurances, warranties, representations and understandings between you and HAUTE MAISON, whether written or oral, relating to the HAUTE MAISON Offering.

33.2.   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.

33.3.   No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

33.4.   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.

33.5.   Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, 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.

33.6.   HAUTE MAISON 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.

33.7.   Any delay of performing a duty will justify termination of HAUTE MAISON’s agreement with you.

33.8.   Any notice required to be given to HAUTE MAISON in connection with these Terms may be sent by email to help@hautemaison.co.uk.

33.9.   Notice to you shall be sent via email to the email address provided by you at registration, as updated by you in your account settings from time to time. Any communications shall be deemed to have been received on the next business day after sending.

33.10.                Unless it expressly states otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

33.11.                You may not enter into any contract on the behalf of HAUTE MAISON or bind HAUTE MAISON in any way.  

33.12.                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.

33.13.                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.

  1. when you use the haute maison offering

34.1.   By Renting or Lending a Product, you understand that you are authorising HAUTE MAISON as your agent to enter into a binding agreement with the other Member in accordance with these Terms, and you agree to abide by these Terms.

34.2.   If HAUTE MAISON is sued due to an action or inaction by you (including a breach of these Terms) then HAUTE MAISON has the right, to request that you cover all of HAUTE MAISON’s reasonable costs and hold HAUTE MAISON harmless from any legal claim or demand for expenses or costs that arises as a result and which are reasonably incurred by HAUTE MAISON. Where HAUTE MAISON decides to conduct the defence of such claim, you agree to assist HAUTE MAISON as reasonably requested.

  1. how you can refer a friend

35.1.   HAUTE MAISON’s "Refer a Friend" programme allows any Member (“Referrer”) to refer another person to sign up to the HAUTE MAISON Platform (“Referee”) by requesting HAUTE MAISON to send you a bespoke referral link, or by requesting HAUTE MAISON to send an automated email from HAUTE MAISON to the Referee, which the Referee may use during their application for registration as a Member. Once the Referee has successfully registered to become a Member, HAUTE MAISON may in its sole discretion offer the Referee an incentive to transact on the HAUTE MAISON Platform. Once the Referee has successfully transacted on the HAUTE MAISON Platform, HAUTE MAISON may in its sole discretion also offer the Referrer a reward for the successful referral.

PART IIi - renter specific terms

In addition to the General Terms, the following provisions shall apply to you whilst using the HAUTE MAISON Offering in the capacity of a Renter.

  1. renting services

36.1.   All Rentals of Products are between you and a Lender and HAUTE MAISON is not party to the contract between you or the Lender. HAUTE MAISON is an intermediary only and acts in the capacity of agent of each of the Renter and Lender in entering into the contract for the Service, in accordance with these Terms.

36.2.   If your Rental Request is accepted by a Lender, the Lender shall grant to you a limited license to use the Product(s) for the duration of the Rental Period in accordance with these Terms and the agreement between you and the Lender for the Service.

36.3.   At the checkout, you shall pay the following, in full and cleared funds:

36.3.1.the Rental Fee;

36.3.2.the Service Fee; plus

36.3.3.the Delivery Fee.

36.4.   By submitting a Rental Request, you warrant that you:

36.4.1.have read the Product description and accepted these Terms before making the request to Rent a Product;

36.4.2.accept that HAUTE MAISON is providing you with access to the HAUTE MAISON Platform and associated intermediary services, and that the agreement to supply the Rented items is entered into directly between you and the Lender;

36.4.3.have kept your profile and Listing information correct and accurate and your profile information will not change during the Rental Period;

36.4.4.will not engage in any activity which constitutes Fee Avoidance (which shall be determined by HAUTE MAISON in its sole discretion) and will not attempt to approach Lenders outside of the HAUTE MAISON Offering (including for the purpose of Fee Avoidance);

36.4.5.have sufficient and available funds to cover the payment of all Fees for the Rental and any associated costs, including the Service Fee, the Replacement Value in the event of any loss of or damage to the Product and the Mediation Costs (in the event of a dispute);

36.4.6.agree with the Replacement Value of the Product and accept liability to pay the Replacement Value in circumstances of total loss of or material damage to the Product; and

36.4.7.are not using the HAUTE MAISON Offering 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 material breach of these Terms.

  1. acceptance of a rental request

37.1.   HAUTE MAISON will notify you via the HAUTE MAISON email you to confirm the Lender’s acceptance of your Rental Request.

1.2.   Sometimes the HAUTE MAISON Platform will automatically reject a Rental Request, for example, if you are located outside of the UK. HAUTE MAISON will contact you as soon as possible and refund any Security Deposit, Rental Fees, Service Charge or any other Fees you have paid.

37.1.   HAUTE MAISON will notify you via the HAUTE MAISON Platform and/or email you to confirm the Lender’s acceptance of your Rental Request.

37.2.   Sometimes the HAUTE MAISON Platform will automatically reject a Rental Request, for example, if you are located outside of the UK. HAUTE MAISON will contact you as soon as possible and refund any Security Deposit, Rental Fees, Service Charge or any other Fees you have paid.

  1. multi-rental checkout

38.1.   The HAUTE MAISON Offering permits you to submit multiple Rental Requests simultaneously.

38.2.   However, the HAUTE MAISON Offering does not permit you to group together more than one Product in one checkout basket.

  1. use of the products

39.1.   You acknowledge and accept that the Rental, use, wear and return of the Product is entirely at your own risk and HAUTE MAISON shall not be held liable for any complaints associated with any Product, including any health-related complaints. You agree and undertake to maintain the condition of all Products and HAUTE MAISON ask that you treat any Rented Product as if that Product was your own.

39.2.   You acknowledge and accept that you are responsible for loss, destruction or damage to a Product due to theft, accidental loss, fire, stains or any other cause resulting in the loss of or irreparable damage to a Product.

39.3.   In the event you lose a Product or return a Product that is damaged, you agree and acknowledge that HAUTE MAISON will be entitled to charge your Payment Method with an amount per lost or damaged Product as determined and notified by HAUTE MAISON to you, up to the Replacement Value of each Product and you hereby consent to that charge.

39.4.   You hereby authorise us (or our payment services provider) to charge your payment card for an amount equal to the Replacement Value of each Product. You should not place a Rental order unless you have sufficient funds in the account to which the payment card relates to cover the Replacement Value and the Rental Fee. HAUTE MAISON reserves the right (and you hereby authorise us) to charge your payment card for any amount up to the Replacement Value of the Product at any time where such amount is due and payable under these Terms and Conditions.

39.5.   HAUTE MAISON also reserves the right (and you hereby authorise us) to charge your payment card for any due Late Fees, Rental Fees, Drop-Off Fees, Delivery Fees, Collection Fees where such fees payable under these Terms and Conditions.

39.6.   The Replacement Value is due and payable if the Rental Product has not been returned 14 calendar days after the end of the Rental Period, unless the Rental Period has been extended, at which point the start of the 14 calendar day time frame begins at the end of the extended Rental Period.

39.7.   The Replacement Value is due and payable if the Renter has declared to HAUTE MAISON that the Product has been lost, stolen, or irreparably damaged.

39.8.   The Replacement Value is due and payable if the Renter has damaged the Product to an extent where the Product is repairable but that the price of such repair exceeds the Replacement Value of the Product.

39.9.   The Product is considered to be in your possession until such time it has been returned to the Lender. If you leave a Product unattended ahead of a return, it is still in your possession and you are responsible and liable for that Product, including if it goes missing beforehand.

  1. drop-off fee

40.1.   Once HAUTE MAISON or HAUTE MAISON’s delivery partner has collected the Product from the Lender, HAUTE MAISON or HAUTE MAISON’s will arrange a drop-off for the Product using the HAUTE MAISON Platform or any previously provided communication method. 

40.2.   If you miss a scheduled/arranged drop-off with HAUTE MAISON or HAUTE MAISON’s delivery partners, you will be charged a drop-off Fee of £10 per missed drop-off. HAUTE MAISON shall additionally have the right to charge your Payment Method for the drop-off Fee without further permission being sought.  

40.3.   You acknowledge that a Secure Shipping Address is highly recommended. A “Secure Shipping Address” means a location where the Renter can physically receive the Product. If an un-secure shipping address is provided, HAUTE MAISON and/or HAUTE MAISON’s delivery partners does not bear liability for any Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which HAUTE MAISON will not be liable.

  1. loss or damage

41.1.   You acknowledge and accept that in the event of any loss or damage to a Product, HAUTE MAISON shall be entitled to:

41.1.1.charge your Payment Method with a sum as determined and notified by HAUTE MAISON to you, up to the Replacement Value of the product; and

41.1.2.charge your Payment Method with the Mediation Costs.

41.1.3.You agree to take all precautions to avoid theft, loss, or damage of a Product during the Rental Period including, but not limited to, avoiding exposing the Product to the following as these are not considered normal wear and tear:

41.1.3.1.           Makeup

41.1.3.2.           Moisture

41.1.3.3.           Liquids

41.1.3.4.           Inks (including but not limited to, pens, markers, etc) 

41.1.3.5.           Paints

41.1.3.6.           Sharp objects

41.1.3.7.           Dirt or grime

41.1.3.8.           Grease

41.1.3.9.           Oil

41.1.3.10.        Perfume

41.1.3.11.        Food

41.1.3.12.        Strong variations in temperature

41.1.3.13.        Excessive sunlight

41.1.3.14.        Humidity

41.1.3.15.        Impact/shock

41.1.4.Damage to a Product which includes the following list will be charged to the Renter as laid out in Clause 41.1:

41.1.4.1.           Stained, marked or damaged interiors or exteriors; 

41.1.4.2.           Ripped leather or exteriors from scraping against a sharp object; 

41.1.4.3.           Ripped or scrapped interiors from cleaning, sharp objects or excessive force; 

41.1.4.4.           Excessive force, stretching, squeezing or squashing the Product so that it loses its shape beyond what is considered normal and reasonable; 

41.1.4.5.           Unreasonable and excessive damage to straps, chains or zips that cannot be considered normal wear or manufacturing defaults. 

41.1.5.You will not be held responsible for any damage we class as normal wear and tear which includes:

41.1.5.1.           Natural signs of over-time discolouration; and

41.1.5.2.           Natural signs of wear on metal and hardware.

41.1.6.If you return a Product with damage which is not considered to be normal wear and tear, and such damage is reported by the Lender, HAUTE MAISON:

41.1.6.1.           may reserve the right to request an external quote for the repair of the product which may take up to one week;

41.1.6.2.           may reserve the right to charge the full amount of the final quote to your registered payment method, or request that you pay this charge through an alternative method. Failure to pay for damage on a Product when requested could result in legal action being taken to recover the associated costs.

  1. returns

42.1.   You acknowledge and accept that when returning a Product to a Lender at the end of a Rental Period, you must use the HAUTE MAISON Platform to arrange for collection.  If you would like to extend the Rental Period, you may submit an extension request via notifying HAUTE MAISON at help@hautemaison.co.uk. HAUTE MAISON will then communicate with the Lender in relation to your extension request. The Lender reserves the right to decline the request, in which case you must return the Product to the Lender in accordance with the original Rental Period. If the extension request is accepted by the Lender, the additional Rental Fee specified by HAUTE MAISON, together with an additional Service Fee shall be payable by you.

42.2.   If you do not successfully arrange collection of the Product with HAUTE MAISON by the Rental End Date, you acknowledge and agree that HAUTE MAISON may, in its sole discretion, charge your Payment Method with any number of the following Fees:

42.2.1.the applicable Late Fee;

42.2.2.all taxes applicable to the Service; and

42.2.3.any reasonable legal expenses incurred by HAUTE MAISON in retrieving the Product.

42.3.   The Late Fee is calculated as the sum of:

42.3.1.£20 per day until the Product is returned; and

42.3.2.the prorated amount of the Rental Fee to the number of additional days you keep the product.

42.4.   You hereby consent to HAUTE MAISON charging your Account and Payment Method to cover such charges.

42.5.   If you do not arrange for collection of the Product in accordance with clause 42.1, HAUTE MAISON reserves the right to suspend your Account and to prohibit you from Renting any further Products from the HAUTE MAISON Platform until the Product has been returned and all applicable Late Fees have been paid in accordance with clause 42.2.

42.6.   If you miss a scheduled/arranged collection with HAUTE MAISON or HAUTE MAISON’s delivery partners, you will be charged a Collection Fee of £10 per missed collection. HAUTE MAISON shall additionally have the right to charge your Payment Method for the Collection Fee without further permission being sought.   

42.7.   In the event the Product is not returned by the date 14 days after the Rental End Date, the Product shall be deemed to have been lost or totally destroyed, clause 39 shall apply and HAUTE MAISON shall additionally have the right to charge your Payment Method for the full Replacement Value of the Product and any additional Fees.

42.8.   You expressly accept and acknowledge that the Lender (and not HAUTE MAISON) is responsible for ensuring that Products conform to any descriptions provided on the HAUTE MAISON Platform (including in any Listing) and HAUTE MAISON is not liable for any loss suffered by you arising from the Renting of any Products through the HAUTE MAISON Offering.

  1. your right to change your mind

43.1.   If you change your mind and decide that you no longer want to Rent a Product, you can cancel the Rental Request by emailing HAUTE MAISON at cancelorder@hautemaison.co.uk. This email must be clearly headed with the words “CANCELLATION OF RENAL ORDER” in the subject line. When you placed your Rental Request and when you cancel your Rental Request will impact on your rights to cancel and receive a refund, as set out below:

43.1.1.Where the Booking Date is more than 48 hours or more before the Rental Start Date and you have cancelled Less than 10 days before the Rental Start Date, you will be liable to pay the full Cancellation Charge;

43.1.2.Where the Booking Date is 48-hours or less until the Rental Start Date and you have cancelled more than one hour following the Rental Request, you will be liable to pay the full Cancellation Charge.

43.2.   However, where your Booking Date and the Rental Start Date are within the same forty-eight (48) hour period, you shall be entitled to cancel the Rental Request free of charge within the one (1) hour period immediately following the time of the Rental Request being submitted and accepted by HAUTE MAISON on behalf of the Lender. In all other circumstances where you cancel the Rental within forty-eight (48) hours of the Rental Start Date, you shall not be entitled to any refund and shall be charged the Fees in full, subject to this clause 43.2.

43.3.   If HAUTE MAISON reasonably believes that a Renter rented a Product with the intention of perpetrating a theft or to cause any other harm to a Member or HAUTE MAISON, HAUTE MAISON reserves the right to cancel the Rental without notice and to charge your Payment Method with a sum that HAUTE MAISON deems to be appropriate, in HAUTE MAISON’s sole and absolute discretion, up to the sum of the Replacement Value.

  1. lender cancellation

44.1.   If a Lender cancels a confirmed Rental Request, you will receive a full refund of all Fees paid by you for the Rental.

  1. counterfeit

45.1.   Each Product will be documented, by video or photo evidence, multiple times through the entire Rental Process. This includes when the Product is being sent out by the Lender and any inspection by HAUTE MAISON.

45.2.   Any counterfeit, lost, or stolen Product may result in:

45.2.1.informing the relevant authorities;

45.2.2.reporting the Product as stolen; and

45.2.3.taking steps to recover the Replacement Value for the Product.

  1. renters liability

46.1.   You are responsible for having sufficient funds available to replace lost or damaged Product(s) up to the sum of the Replacement Value of each Product. DO NOT RENT A PRODUCT UNLESS YOU HAVE SUFFICIENT FUNDS TO COVER THE REPLACEMENT VALUE.

46.2.   The Rental Period is between the Rental Start Date and the Rental End Date.

46.2.1.If the Product is lost, stolen, or damaged during the Rental Period, you are responsible for the costs covering and associated with restoring and replacing the Product.

46.3.   HAUTE MAISON does not offer insurance cover during the Rental Period. HAUTE MAISON advises that you take out valid home contents and/or personal possessions insurance that allows insurable interest for Rented Products. HAUTE MAISON takes no responsibility for your insurance or the extent of your coverage or lack thereof.

46.4.   In the event of any disagreement, HAUTE MAISON acting as an agent and intermediary, has the discretion to determine an appropriate Replacement Value for any Product and you agree that the figure determined by HAUTE MAISON shall be binding on you and the Lender.

46.5.   In the event of the loss or damage of a Rented Product, HAUTE MAISON shall be entitled (and you hereby authorise HAUTE MAISON) to charge your Payment Method with an amount per damaged or lost Product up to the Replacement Value of each Product plus any outstanding Fees (including Rental Fees, Packaging Fees, Drop-Off Fees, Collection Fees, Delivery Fees, Late Fees). Funds will be taken from your payment method to cover the Replacement Value and any outstanding Fees without further permission being sought and you hereby consent and authorise HAUTE MAISON, at all times acting reasonably, to do so in these circumstances.

46.6.   HAUTE MAISON may contract a debt collector or file a claim via the courts to collect any Replacement Value and Fees that you have refused to pay in respect of the damage to or loss of Products and all reasonable expenses incurred in the process of recouping the outstanding sums shall be added to the debt that HAUTE MAISON is collecting from you, include any legal fees.  

46.7.   Notwithstanding the above, HAUTE MAISON’s role and responsibility is expressly limited to the provision of the HAUTE MAISON Offering and acting as agent for the members in entering the relevant Rental on their behalf. HAUTE MAISON reserves all aforementioned rights and powers but is not obligated or required to take any such action at HAUTE MAISON’s discretion.

PART Iv - lender specific terms

In addition to the General Terms, the following provisions shall apply to you whilst using the HAUTE MAISON Offering in the capacity of a Lender.

  1. use of the products

47.1.   All Rentals of Products are between you and a Renter and HAUTE MAISON is not party to the contract between you and the Renter. HAUTE MAISON is an intermediary only and acts in the capacity of agent of each of the Renter and Lender in entering into the contract for the Service, in accordance with these Terms.

  1. renting services

48.1.   If you accept a Renter’s Rental Request, you shall grant to the Renter a limited license to use the Product(s) for the duration of the Rental Period in accordance with these Terms and the agreement between you and the Renter for the Service.

48.2.   When you Lend a Product, you agree to pay HAUTE MAISON a Service Fee based upon the Rental Fee agreed between you and the Renter. The Service Fee will be directly deducted by HAUTE MAISON from the payment made by the Renter to HAUTE MAISON in its capacity as agent for you as the Lender.

48.3.   If you have selected the additional Cleaning service (if applicable), the Cleaning Fee will be added to the Service Fee, and will similarly be directly deducted by HAUTE MAISON from the payment made by the Renter to HAUTE MAISON in its capacity as agent for you as the Lender.

  1. collection fees

49.1 Once you have accepted a Renter’s Rental Request, a collection time will be arranged by HAUTE MAISON or HAUTE MAISON’s delivery partners. You will be notified of this time by email and/or through the HAUTE MAISON Platform and/or through any previously provided communication method.

49.2.   If you miss a scheduled/arranged collection with HAUTE MAISON or HAUTE MAISON’s delivery partners, you will be charged a Collection Fee of £10 per missed collection. HAUTE MAISON shall have the right to deduct this Collection Fee from the Rental Fee owed to you by the Renter.

  1. cleaning

50.1.   On select Product categories, HAUTE MAISON and HAUTE MAISON’s cleaning partner provide an additional for-fee cleaning service. This option must be selected during the time you accept a Renter’s Rental Request. However, during the Rental Period you may email HAUTE MAISON at cleaning@hautemaison.co.uk to add this additional paid service.

50.2.   You understand and accept that by requesting the additional cleaning service, HAUTE MAISON will deduct the Cleaning Fee from the balance of the remaining Rental Fee owed to you after HAUTE MAISON’s Service Fee has been deducted. The Cleaning Fee and the Service Fees are separate fees and are charged separately.

50.3.   You understand and accept that by requesting the additional cleaning service, the Product will be returned to you by at least 1 business day and at most 4 business days.  HAUTE MAISON shall have no liability for any delay caused by the cleaning service.

50.4.   The Cleaning Fee is calculated based on the Product Category, and will be marked on the HAUTE MAISON Platform or any email communication with you in relation to this service.

50.5.   Any loss or damage to the Product during the Cleaning Service is covered by HAUTE MAISON’s cleaning partner exclusively. HAUTE MAISON bears no responsibility or liability for any damage or loss caused by HAUTE MAISON’s cleaning partner. However, HAUTE MAISON will assist you in liaising with HAUTE MAISON’s cleaning partner to recover any associated replacement or repair monies.

  1. returns

51.1.   At the end of a Rental Period, if a Renter would like to extend the Rental Period, the Renter may submit an extension request to HAUTE MAISON. HAUTE MAISON will then communicate this request to you via the HAUTE MAISON Platform or via email. You may accept the request to extend the Rental Period. This extended Rental Period will be charged at the same prorated rate as the original Rental Period. If you decline the request, the Renter must return the Product to you in accordance with the original Rental Period.

51.2.   At the end of the Rental Period, HAUTE MAISON or HAUTE MAISON’s delivery partners will arrange for collection of the Product from the Renter. If you have selected the additional Cleaning service (if applicable), HAUTE MAISON and HAUTE MAISON’s cleaning partner will process the Product for cleaning. This cleaning process will take no longer than 4 business days. After the cleaning process has completed, HAUTE MAISON will notify you by email or by the HAUTE MAISON Platform and arrange a drop-off time.

51.3.   If you miss a scheduled/arranged drop-off with HAUTE MAISON or HAUTE MAISON’s delivery partners, you will be charged a drop-off Fee of £10 per missed drop-off. HAUTE MAISON shall have the right to deduct this Collection Fee from the Rental Fee owed to you by the Renter.

51.4.   If the Renter does not arrange collection of the Product by HAUTE MAISON or HAUTE MAISON’s delivery partner on the Rental End Date, HAUTE MAISON may, in its sole discretion, charge the Renter’s Payment Method with the following Fees:

51.4.1.the applicable Late Fee pro rata to the number of additional days the Renter keeps the product;

51.4.2.all taxes applicable to the Service; and

51.4.3.any reasonable legal expenses incurred by HAUTE MAISON in retrieving the product.

51.5.   You expressly accept and acknowledge that you (and not HAUTE MAISON) are responsible for ensuring that Products conform to any descriptions provided on the HAUTE MAISON Platform (including in any Listing) and HAUTE MAISON is not liable for any loss suffered by you or the Renter arising from the Renting of any Products through the HAUTE MAISON Offering.

51.6.   You acknowledge and accept that Renters, and not HAUTE MAISON, are responsible for loss, destruction or damage to a Product due to theft, accidental loss, fire, stains or any other cause resulting in the loss of or irreparable damage to a Product and to the extent permitted by law, HAUTE MAISON excludes all liability to you arising out of or in connection with any loss or damage to any Product.

51.7.   FOR ALL ORDERS HAUTE MAISON ACTS ONLY AS AN AGENT BETWEEN BUYER AND SELLER. HAUTE MAISON DOES NOT TAKE ANY RESPONSIBILITY FOR ITEMS LOST BY COURIERS OR NOT RETURNED BY RENTERS, LOST IN TRANSIT, OR OTHERWISE LOST.

51.8.   FOR THE AVOIDANCE OF DOUBT, THE FINAL DECISION TO DISPATCH ITEMS OR NOT IS THAT OF THE ITEM OWNER (THE LENDER) AND THIS DECISION IS THEIR RESPONSIBILITY.

  1. RENTER CANCELLATION

52.1.   If a Renter decides that they no longer want to Rent a Product, the Renter can cancel the Rental Request free of charge by emailing HAUTE MAISON at cancelorder@hautemaison.co.uk no less than ten (10) days prior to the Rental Start Date. For example, if a Rental Start Date is the 20th day of the month, a cancellation request must be submitted to HAUTE MAISON on or before the 10th day of the month.

52.2.   If a Renter decides to submit a cancellation request for a Rental later than 10 calendar days before the Rental Start Date, HAUTE MAISON reserves the right to charge the Renter’s Payment Method with a Cancellation Charge. You will not be entitled to any part of the Cancellation Charge.

52.3.   However, where a Renter’s Booking Date and the Rental Start Date are within the same forty-eight (48) hour period, the Renter shall be entitled to cancel the Rental Request free of charge within the one (1) hour period immediately following the time of the Rental Request being submitted and accepted by HAUTE MAISON on your behalf as Lender. In all other circumstances where a Renter cancels the Rental within forty-eight (48) hours of the Rental Start Date, the Renter shall not be entitled to any refund and shall be charged the Fees in full, subject to this clause 52.3.

52.4.   If HAUTE MAISON reasonably believes that a Renter Rented a Product with the intention of perpetrating a theft or to cause any other harm to a Member or HAUTE MAISON, HAUTE MAISON reserves the right to cancel the Rental without notice and to charge the Renter’s Payment Method with a sum that HAUTE MAISON deem to be appropriate, in HAUTE MAISON’s sole and absolute discretion, up to the sum of the Replacement Value.

  1. LENDER CANCELLATION

53.1.   If you cancel a confirmed Rental Request, the Renter will receive a full refund of all Fees paid by them for the Rental.

53.2.   If you cancel a Rental at least 48 hours prior to the Rental Start Date, or within one (1) hour of accepting a Rental with a Rental Start Date due to commence within forty-eight (48) hours, there shall be no Service Fee payable by you to HAUTE MAISON.

53.3.   In all other cases of cancellation by you, HAUTE MAISON reserves the right to charge you 100% of the Service Fee that would otherwise have been applicable had the Rental completed.

53.4.   HAUTE MAISON reserves the right to charge you a Cancellation Charge as it deems appropriate and reserves the right to "pause" wardrobes due to inactivity or repeated declined or expired rentals.

  1. LENDER WARRANTIES

54.1.   By Listing your Product(s) for Rent on the HAUTE MAISON Platform, you warrant and represent that:

54.1.1.you will include in your Listings, or where appropriate your profile on the HAUTE MAISON Platform, all the information about you and your Products and how you will fulfil orders that is needed to comply with consumer protection law, as well as any relevant safety information about your Products. You are responsible for making sure you comply with the law. For more on these information requirements, please see the Trading Standards' advice on online selling at www.business companion.info.

54.1.2.you acknowledge that HAUTE MAISON is providing you with access to the HAUTE MAISON Platform and associated platform intermediary services, and that you authorise HAUTE MAISON to act as your agent in respect of entering into a contract for the Service with a Renter;

54.1.3.you accept that the agreement for the Service of the supply of the Product(s) is made directly between you and the Renter;

54.1.4.you own or have the right to Lend the Product(s) to a Renter for the Rental Period;

54.1.5.you will not List or Rent any Product(s) to any Renter on the HAUTE MAISON Offering that:

54.1.5.1.           are defective or damaged; or

54.1.5.2.           counterfeit.

54.1.6.you will accept the Replacement Value set by HAUTE MAISON for any Product;

54.1.7.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) and any defects or damage to it;

54.1.8.the Products will be professionally cleaned and delivered to the Renter in a "ready to wear" condition and the Products will match the item description on the Listing and be a true and fair representation of their current condition, will be fit for purpose and safe to use;

54.1.9.you will not engage in Fee Avoidance and you will not attempt to approach Renters outside of the HAUTE MAISON Offering (including for the purpose of Fee Avoidance);

54.2.   It is acknowledged and agreed that:

54.2.1.HAUTE MAISON has the right and the absolute discretion to increase or decrease the Rental Fee of any Product listed on the HAUTE MAISON Platform based on the demand for that Product or similar Products, or any other factors as determined by HAUTE MAISON, by any amount as decided by the judgement of HAUTE MAISON;

54.2.2.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 HAUTE MAISON Platform, including giving effect to Renters’ rights under applicable law (including cancellation and return rights where applicable) and compensating any damage occurred by the Renter or any other person;

54.2.3.you shall review the Rental Request for a Product before accepting it and only accept a Rental Request where you intend to and are able to fulfil it; and

54.2.4.you are solely responsible for responding to any claim or complaint regarding the Products Listed, their description, or the comments of any User about the Product, the Listing or the dispatching and delivery of the Products.