Terms and Conditions

About Us

Who we are: We are Willow Designer Dress Hire Limited (“Willow Dress Hire”, “Willow”, “WDH”, “we”, “us”, “our”), a private limited company registered in Northern Ireland under company number NI697913 and with a registered office at 8c Crohill Road, Newry, Co. Down, Northern Ireland, BT34 2LF.

How to contact us: to contact us, you can complete our online contact form or email us at [email protected].

What we do: WDH is a fashion rental company based in Northern Ireland but operating throughout Northern Ireland, the Republic of Ireland and Great Britain. There are three main Services that we may provide to you:

Service 1 – Face-to-face Customer Contact on an Appointment Basis;
Service 2 – Online Rental of Willow-owned Products; and
Service 3 – Online Peer-to-Peer Marketplace Platform (allowing allows third party Lenders to list and rent out their Products to third party Renters using our Site, willowcollective.ie),

each a “Service” and together the “Services”.

Our Role and the Services

We assume different roles depending on the Service that the User selects:

Service 1 – Face-to-face Customer Contact on an Appointment Basis

We provide Products to Renters subsequent to a try-on appointment. We offers and have the right to refuse an appointment to anyone based on its own discretion.

Appointments take place at our studio at 8c Crohill Road, Newry, Co Down (or such other address as we may use from time to time) and opening hours are listed on the website (subject to change). We are responsible for providing Products to rent and for the quality of those Products being made available to a Lender at the start of the Rental Period.

We are responsible for cleaning of the Product at the end of the Rental Period.

A contract is formed between the Customer and us on payment of the Security Deposit in accordance with these Terms.

This Service is owned and operated by Willow Designer Dress Hire Limited.

Service 2 – Online Rental of Willow-owned Products

We provide Products to Customers via our Site. We are responsible for providing products to rent and for the quality of those Products being made available to a Lender at the start of the Rental Period.

We are responsible for cleaning of the Product at the end of the Rental Period.

A contract is formed between the Customer and us on payment of the Total Fee in accordance with these Terms.

This Service is owned and operated by Willow Designer Dress Hire Limited.

Service 3 – Peer-to-Peer Platform

Our role in this Service is limited to providing the intermediary platform between Lenders and Renters. We will not act as Lender and do not own any Products rented or hired as part of this Service. Both Lenders and Renters act on their own behalf and never as our agent of.

We do not monitor the quality of the Products being made available for rent but will provide assistance to Lenders in the setting of Rental Fees.

The contract between the Lender and the Renter is formed on payment of the Total Fee by the Lender to the Renter. For the avoidance of doubt, we are not a party to that contract.

The Lender is responsible for cleaning of the Product at the end of the Rental Period.

Our Terms

Who may use our Services: Anyone over the age of 18 years of age and based in Northern Ireland, the Republic of Ireland or Great Britain may use our Services. By using our Services, you confirm that you meet this requirement and that you have the legal capacity to enter a legally binding agreement. Parents/legal guardians cannot sign up to our Services on behalf of someone under 18.

Your acceptance of these Terms: By using our Site or obtaining Services from us, 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 our Site. We recommend that you print a copy of these Terms for future reference. Please note that you are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and any other applicable terms and conditions, and that they comply with them.

We may make changes to these Terms or our Services or the Site: We amend these Terms or change the Services we provide from time to time, and we may update and change our Site from time to time to reflect changes to our Services, our users’ needs and our business priorities. We will notify you of any such changes by placing a notice on our Site or by sending you an email. Every time you wish to use our Site or our Services, please check these Terms to ensure you understand the terms that apply at that time. These Terms were most recently updated on 20^th October 2023. Please note that while implementing updates, we may need to reset or stop offering any or all of our Services. These changes may affect information you have submitted to us but if you continue to use our Services, we will assume that you have agreed to them.

There are other terms that may apply to you: please note that we use Revolut Ltd (“Revolut”) as our payment gateway provider. By signing up to become a Member, you confirm that you accept Revolut’s Terms of Service and agree to comply with them. Please contact Revolut directly if you have any questions about their terms. If you do not agree to their terms or their processing of your personal data in accordance with their terms, you must stop using our Services immediately.

Third-Party Content: where the Site includes or provides any links to third-party websites, content, Products or Services (“Third-Party Content”), you acknowledge and agree that we do not endorse that Third-Party Content and that we are not responsible for the availability, accuracy, content, or any other aspect of the Third-Party Content. Any Third-Party Content is provided for your convenience only and you acknowledge and agree that we have no control over it.

You acknowledge that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with or resulting from your use of or reliance on any such Third-Party content. You should read all terms and conditions of use, the Privacy Policy and Cookie Policy relating to the third-party websites and Third-Party Content. You should take precautions when downloading files from another website to protect your computer from viruses and other destructive programs. If you access a linked site, you do so at your own risk.

Our Site may not always be available: Our Site is made available free of charge. We do not guarantee that our Site, or any Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We are not responsible for errors: the Site and the Services may include technical inaccuracies or typographical errors. We shall not be liable for any such inaccuracies or errors, nor shall we have any obligations to identify and/or correct any such inaccuracies or errors. We will use reasonable endeavours to ensure information uploaded is at all times correct, complete and accurate in all material respects.

We may transfer this agreement to someone else: We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

How you may use our Site: You agree to use the Site only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations and generally accepted good practice.

As a condition of your use of our Site, you agree not to use the Site:

for any purpose that is unlawful under any applicable law or prohibited by these Terms;
to commit any act of fraud;
to distribute viruses or malware or other similar harmful software code;
for purposes of promoting unsolicited advertising or sending spam;
to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
in any manner that harms minors;
to promote any unlawful activity;
to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; or
to gain unauthorised access to or use of computers, data, systems, accounts or networks.

Furthermore, you agree not to:

copy the Site or any of the content included or incorporated in it or any part of it;
change, edit, modify or attempt to change, edit or modify the Site or any part of it in any way;
access or attempt to access the Site’s code or otherwise gain or attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;
interfere with the operation of the Site or knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
attempt to, by any means whatsoever, gain access to any files, data or passwords owned by us or our members;
use intentional deception on our Site;
engage or attempt to engage in any action which may reasonably cause loss to a User or to us;
use or attempt to use the Site or our Services in the event that your account has been deactivated;
try to avoid fees associated with our Services;
harass or attempt to harass another Member in any way;
rent counterfeit goods that infringe on copyright, trade mark or any other rights of any third party;
post inaccurate Reviews;
repeatedly cancel rentals; or
impersonate any person or entity or inaccurately misrepresent your affiliation with another person or entity.

You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We reserve the right, in our sole and absolute discretion, to change or remove information from your profile that does not adhere to these Terms or that we otherwise deem to be inappropriate or offensive.

Uploading Reviews and other content to our Site: We encourage Renters to leave reviews of their rental experience. Reviews help other potential Renters decide who to rent from. You agree that we have full editorial rights over the language used in Reviews. You agree that you will not attempt to manipulate a Review in any way. We reserve the right to remove any Review which may contravene these Terms.

Whenever you leave a Review or make use of any other feature that allows you to upload content to our Site, you must comply with the content standards set out in ‘How you may use our Site’. You warrant that any such contribution does comply with those standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in ‘Rights you are giving us to use material you upload’.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights or of their right to privacy. We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in ‘How you may use our Site’.

If you wish to contact us in relation to content you have uploaded to our Site and that we have taken down, please contact [email protected].

You are solely responsible for securing and backing up your content.

You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.

We will suspend your service if you frequently upload illegal content:

If you frequently upload material that is clearly illegal, we may suspend your access to our service for a reasonable period of time. We will warn you in advance if we plan to suspend you. When deciding whether to suspend you, we will consider:
- how many items of clearly illegal content you have uploaded within a given time frame in terms of the volume of other content uploaded by other users during that time;
- the gravity of the misuse, including the nature of the illegal content and its consequences (potential or otherwise); and
- where possible to identify, your intention in posting the material.

If you frequently submit notices or complaints that are clearly unfounded, we may suspend the processing of any further notices or complaints from you for a reasonable period of time. We will warn you in advance if we propose to suspend processing of your notices or complaints. When deciding whether to suspend you, we will consider:
- how many items of clearly unfounded notices or complaints you submitted within a given time frame in terms of the volume of other notices or complaints submitted by other users during that time;
- the gravity of the misuse; and
- where possible to identify, your intention in submitting the notices or complaints.

User-generated content is not approved by us: The Site includes Reviews uploaded by other Members and Users. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about or report content: If you become aware of any material that is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact us immediately using the details set out in ‘How to contact us’.

If you wish to complain about any other content, please contact us using the details set out in ‘How to contact us’.

Rights you are giving us to use material you upload: When you upload or post content to our Site (including, but not limited to, leaving Reviews), you grant us the following rights to use that content:

a worldwide, non-exclusive, royalty-free, transferable, perpetual licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Service provided by the Site and across different media including to promote the Site or the Services;
a worldwide, non-exclusive, royalty-free, transferable, perpetual licence for other Users to use the content in accordance with the functionality of the Site to expire when you delete the content from the Site.

You warrant to us that you are the owner or licensor of all intellectual property rights to the content you are providing to us and you acknowledge that its publication will not infringe upon the rights of any third party. You also warrant that you have all necessary rights to grant the licences referred to in this section. Members agree to indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of our connection with an infringement of the rights of any third party (including intellectual property rights). This means you will be responsible for any such loss or damage we suffer as a result of any breach by you of the warranties set out in this section.

How you may use material on our Site: We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged (except where the content is user-generated). You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We are not responsible for viruses and you must not introduce them: We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We are not responsible for events outside our control: We shall not be liable for any failure or delay in the performance of our obligations, or for any loss or damage suffered by you in the event that the availability of the Site or our Services is interrupted to the extent that such interruption arises from events, circumstances or causes beyond our reasonable control (including, but not limited to, outages or internet disruption).

Our responsibility for loss or damage suffered by you:

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We do not give any warranty or guarantee as to the size, quality, condition, availability, or authenticity of any Product.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site;
- use of or reliance on any content displayed on our Site;
- use made of any Products.

In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.

If you are a consumer:

Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How you can use our Services:

Registration

Customers and Renters can either check out as a guest or can register and set up an account. Lenders must set up an account. Steps on how to set up an account can be found in our FAQ section.Please note that we reserve the right, in our sole and absolute discretion, to refuse an application for membership for any reason.

In order to set up an account, you will be asked to provide certain personal information (including your full name, address, email, phone number and billing information) (“registration information”). All registration information must be accurate, complete and up-to-date at all times. You can update your registration information at any time by using your account settings. You are the only person able to use your account. You may only register one account at a time. If we need to contact you, it will be in accordance with the preferences and contact details you provide to us at account set up. Please refer to ‘How we may use your personal information’ below for further details.

Passwords and Usernames

You must create a strong password to access your account. You must ensure that this remains confidential at all times and you must not disclose it to any third party. You remain responsible for any activity on your account. You may be liable for any loss suffered by us or another member due to another person using your account or password. You may not use another member’s account or password at any time. If you think your account has been misused or password breached, please contact us on [email protected].

Usernames are automatically created at registration and cannot be changed.

Account deactivation

You may request that we deactivate your account at any time by emailing us at [email protected]. We reserve the right, in our sole and absolute discretion, to deactivate your account at any time if we determine that you have breached any of these Terms.

Registering on behalf of a company/other entity eg another hire business

If you are registering on behalf of a company or other legal entity you warrant and represent that:

you have the authority to bind the company or entity;
you are capable of providing permissions required under these Terms; and
you will provide accurate registration information and will keep this up-to-date.

Your use of the Services and the Site

You have personal rights to use our Services and Site and you cannot give this right to another person. You agree to indemnify us against any claims made or threatened against us by another person arising as a result of a breach of these Terms by you. You have sole responsibility for your account and you undertake not to improperly use it in any way and to use it in accordance with these Terms.

If you bought online, you have a legal right to change your mind

Your legal rights. For most of our Services (those bought online, including Service 2 below), you have 14 days after the date we confirm your order to change your mind about a purchase, but you lose the right to cancel any Service when its been completed (and you must pay for any Services provided up to the time you cancel. Please note that this legal right does not apply to Services purchased on our premises on a face-to-face basis.

How to let us know and what happens next. If you change your mind, please contact us on [email protected]. You may choose to complete the Model Cancellation Form provided in the Annex to these terms, but you do not have to. We refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.

You have rights if there is something wrong with your Service

If you think there is something wrong with your Service, you must contact us on [email protected]. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website (www.citizensadvice.org.uk) .

Summary of your key legal rights.

If we provide you with Services, the Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.
- If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

Fees and Payment:

All Fees are payable in Sterling or Euro and are subject to change at any time (this will be updated on the website). We may suspend access to any Services and your account if any amount remains unpaid after 7 days of our notifying you in writing of any failure by you to make a payment that is payable as set out in these Terms.

Service 1 – Face-to-face Customer Contact on an Appointment Basis

Appointment Fee

At the time of booking an appointment to try on our dresses, a non-refundable fee of £10 is payable for the appointment (the “Appointment Fee”). You will be afforded a 45 minute slot at your convenience and available times will be shown on our website booking page. The fee is redeemable against the dress you choose to hire. If no dress is chosen, the £10 fee is for the 45 minute appointment. For the avoidance of doubt, the Appointment Fee is not refundable in the event that you cancel or otherwise fail to keep an appointment.

Rescheduled Appointments

If you cannot make your appointment due to a genuine reason, we are happy to reschedule it for you. The Appointment Fee is non-refundable but there is no additional Appointment Fee payable for one rescheduled appointment. Please email us at [email protected] to reschedule or discuss an appointment. If you cannot make the rescheduled appointment, you may book further appointments but each subsequent appointment will be subject to the payment of an Appointment Fee.

Security Deposit, Rental Fee and Courier Fee

If you decide to rent a Product during your appointment, a Security Deposit will be payable on the date of the appointment. You can either select our collection service or our courier service. If you select our collection service, you can collect the rental from our studio on the Rental Start Date. The Rental Fee will be payable on collection. If you have chosen our courier service, we will courier the Product to you to, arriving on our before the Rental Start Date, in which case the Security Deposit, Rental Fee and Courier Fee will be payable at your appointment.

We use DPD to courier our Products throughout Northern Ireland, Republic of Ireland and the UK. The postage and packaging fees are set out below:

	UK	ROI	NI
Price	£15	£12	£9.95

Security Deposits

You must pay a Security Deposit of £40.00 in order to secure a Product for a certain date. No booking for a Product shall be confirmed until the Security Deposit is paid. The Security Deposit will cover the cost of Minor Damage to a Product during the Rental Period up to a value of £40.00.

Any damage costing over £40.00 to repair, irreparable damage or loss/theft of a Product is not covered by the Security Deposit and if any of these instances occur, you must pay the Replacement Value of the Product.

The Security Deposit will be refunded in full provided there is no damage and the Product is returned to us in accordance with these Terms.

Cancellation

If you cancel a rental, a credit to the value of the Security Deposit will be made to your account for use at a later date. The Appointment Fee is not credited to the account. If you have paid the Rental Fee, Security Deposit and Courier Fee at your appointment, the Total Fee will be credited to your account if the rental is cancelled. This can be used at a later date by you only. Rental credits cannot be transferred to another person.

Late Fees

In-person Returns – you must return the Product to our studio by the Return By Date, or if the Return By date falls on a Sunday or bank holiday, on the next working day unless otherwise agreed with us. If the Product is not returned on time or within the agreed timeframe, we will charge you the larger of the daily rate until the Product is returned to us (the “Late Fee”). We reserve the right to deduct the Late Fee from the Security Deposit.

In-person Returns – you must return the Product to our studio by the Return By Date, or if the Return By date falls on a Sunday or bank holiday, on the next working day unless otherwise agreed with us. If the Product is not returned on time or within the agreed timeframe, we will charge you a £10 per day fee until the Product is returned to us (the “Late Fee”). We reserve the right to deduct the Late Fee from the Security Deposit.
Post/Courier Returns – the Product must be with the chosen Private Courier Firm, or have been posted (first-class, tracked and insured option to be selected), on the Return By Date and proof of postage provided to us on the Return By Date. If:
the Product is not with the chosen Private Courier Firm or posted on the Return By Date; and/or
proof of postage is not provided to us on the Return By Date,

we reserve the right to charge, and the Renter agrees to pay, the Late Fee.

Service 2 – Online Rental of Willow-owned Products

Rental Fee

The Rental Fee is set out on each listing. Payment of the Total Fee shall be made through Revolut and will be subject to Revolut’s Terms and Conditions. You will also be responsible for paying the Courier Fee.

Cancellation

If you cancel a rental, a credit to the value of the Security Deposit will be made to your account for use at a later date. This can be used at a later date by you only. Rental credits cannot be transferred to another person.

Security Deposits

The Security Deposit will be refunded in full provided there is no damage and the Product is returned to us in accordance with these Terms.

Late Fees

The Product must be with the chosen Private Courier Firm, or have been posted (first-class, tracked and insured option to be selected), on the Return By Date and proof of postage provided to us on the Return By Date. If:

the Product is not with the chosen Private Courier Firm or posted on the Return By Date; and/or
proof of postage is not provided to us on the Return By Date,

we reserve the right to charge, and the Renter agrees to pay, the Late Fee.

Service 3 – Peer-to-Peer Platform

If you are a Renter, the Rental Fee is set out on each listing. We collect the Total Fee from the Renter on the Lender’s behalf. Payment of the Total Fee shall be made through Revolut and will be subject to Revolut’s Terms and Conditions. A Courier Fee will be payable and will be pre-populated depending on where the Renter resides.

If you are a Lender, the Commission on the Rental Fee is set at 25%. The Lender shall receive the Rental Fee less the Commission on a monthly basis from us via Paypal.

Cancellation/Refund Policy

If a rental is cancelled by a Renter more than 7 days before the Shipment Date, the Renter shall receive a rental credit to their account to the value of the Total Fee for use at a later date. If cancelled less than 7 days before Shipment Date, no rental credit shall be available. Rental credits cannot be transferred to another person.

If a Rental is cancelled by Lender, the Renter is entitled to a refund of the Total Fee and the Lender will be required to pay the Commission to us.

If a Product is defective or not as described, the Renter is entitled to a refund of Total Fee if Product is returned to Lender, unworn, within 24 hours of receipt. The Lender will be required to pay the Commission to us.

If a Product does not arrive by the Rental Start Date, the Renter is entitled to a refund of Total Fee and the Lender will be required to pay the Commission to us.

Late Fees

the Product is not with the chosen Private Courier Firm or posted on the Return By Date; and/or
proof of postage is not provided to us on the Return By Date,

we reserve the right to charge, and the Renter agrees to pay, the Late Fee.

Taxes and Customs Charges

Packages sent between the Republic of Ireland and Great Britain may incur import duties, custom charges or handling fees (“Charges”) by the destination country. These Charges are typically due once the package arrives in that country. The Charges can vary and are often based on the price and type of Product, package weight and dimensions, origin country and the duty laws of the destination country.

The Lender will not be able to confirm the amount of the Charges in advance. Neither we nor the Lender shall be responsible for these Charges. To the extent that any Charges are payable, the Renter shall be responsible for paying them in full.

To avoid paying the Charges, check where the Lender is based (location is on the Listing). If the Lender is based in Northern Ireland, rentals to the Republic of Ireland and Great Britain should not be subject to Charges and vice versa. However packages being sent between Great Britain and Republic of Ireland may be subject to Charges.

If you are a Lender, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any tax, including income tax.

Security Deposits

The Security Deposit will be refunded in full provided there is no damage and the Product is returned to us in accordance with these Terms.

In-Studio Collections and Returns

Without prejudice to any of the terms set out in ‘Fees and Payment’ above:

in relation to Service 1, a Renter may order a Product at their appointment and collect in person/return from/to our studio at no extra cost; and
In relation to Service 2, a Renter may order a Product via our website and collect in person/return from/to our studio at no extra cost.

Please note that there are specific times in place for collections and returns. We try our best to accommodate all our customers but you must adhere to these times unless otherwise agreed.

How we may use your personal information: We will only use your personal information as set out in our Privacy Policy.

Which country’s laws apply to these Terms: If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by Northern Irish law. You and we both agree that the courts of Northern Ireland will have exclusive jurisdiction except that if you are a resident of England or Wales you may also bring proceedings in England or Wales, if you are a resident of Scotland you may also bring proceedings in Scotland, and if you are resident of the Republic of Ireland, you may also bring proceedings in the Republic of Ireland.

If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Northern Irish law. We both agree to the exclusive jurisdiction of the courts of Northern Ireland.

How we resolve disputes:

Disputes with Willow

If you have a dispute with us relating our any of our Services, please contact us by completing our dispute form which can be found at Contact Form.

Disputes with other Members

If you have a dispute with another Member (either a Renter or Lender), you must raise the dispute with us within 5 days of the Rental End Date. We will not assist with any dispute notified to us more than 5 days after the Rental End Date. Disputes can be raised via the disputes form which can be found at Contact Form. Willow will try to help you to resolve the matter amicably and on an informal basis although we have no obligation or responsibility to do this.

You must provide sufficient evidence relating to the dispute showing, as applicable, any damage to a Product or loss suffered by you. If sufficient evidence is not provided, we will not be able to help.

You will indemnify us, on request, against any costs that are incurred by Willow in the course of providing this informal dispute resolution procedure. This means that you will be responsible for reimbursing us for such costs. We will use all reasonable endeavours to notify you in advance of any such costs we anticipate incurring and will not proceed to incur them without your prior written consent.

If informal resolution of the dispute is not possible, either party can seek relief in court. Please refer to ‘Which country’s laws apply to these Terms’ for details of which laws will apply to such proceedings.

Other applicable terms:

Entire agreement

These Terms and any documents referred to in them constitute entire agreement between the User/Member and us and they supersede and extinguish all previous terms and conditions, agreements, promises, assurances, warranties, representations and understandings between both parties who agree that they shall have no remedies in respect of any statement, representation, assurance or warranty that is not set out in these Terms.

Severance

If a court or other competent authority decides for any reason that any part of these Terms is unlawful, unreasonable or unenforceable, the remainder of the Terms will continue to apply.

No partnership or agency

These Terms are not intended to, nor shall they be deemed to establish any partnership or joint venture between any of the parties, deem any party to be the agent of another party, or authorise any party to make or enter agreements for or on behalf of another party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.

Time of the essence

Time is of the essence for all times, dates and periods specified in these Terms which means that any delay of performing a duty will justify termination of our agreement with you.

Third party rights

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

Notices

Any notice required to be given to us under or in connection with these Terms shall be in writing and sent via email to [email protected]. Notices required to be given to a Member will be in writing and sent via email to the email address provided at registration. Any notice shall be deemed to have been received at the time of transmission or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.

Definitions

“Appointment Fee”: means the appointment fee payable if using Service 1 as set out in ‘Fees and Payment’ above;

“Business Hours”: means the hours of 09.00 to 17.00 in the United Kingdom;

“Content”: means any photos, posts or information made available by us on our Site or any social media platform maintained by us (including, without limitation, images, text, sound recordings, audio-visual, software and other materials);

“Cookie Policy”: means our cookie policy (available at: www.willowcollective.ie/cookiepolicy) as amended or updated from time to time;

“Commission”: means the fee payable by the Lender equating to 25% of the Rental Fee;

“Courier Fee”: means the fee payable for postage and packaging in respect of a Product as set out in ‘Fees and Payment’ above;

“Customer”: means a person renting a Product directly from us via Service 1 or 2;

“Fee”: means any fee payable in respect of the Services.

“Fee Avoidance”: means any action taken by a Member (either directly or indirectly) to avoid paying the Commission;

“Fit Policy”: means means the section of these Terms entitled ‘Fit Policy’;

“Late Fee”: means the fee payable by a Renter or Customer for in respect of a failure by that Renter or Customer to return a rental Product to a Lender or us in accordance with these Terms, as set out in ‘Fees and Payment’ above;

“Lender”: means a Member who makes a product available for hire via Service 3;

“Lender Specific Terms”: means the section of these Terms entitled ‘Lender Specific Terms’;

“Listing”: means the offering of a Product on our Site;

“Mediation Costs”: the costs incurred by Willow in the provision of the dispute resolution services in the event of a dispute between Lender and Renter in respect of Service 3 above;

“Member”: an individual who has registered on our Site and has been approved to use any of our three Services;

“Minor Damage”: means damage done to a Product including but not limited to minor stains, rips, missing beads and faulty zips but which nevertheless is repairable and which will not, following such repair, materially affect the rental value of the Product;

“Post”: means An Post for Members in the Republic of Ireland, and means Royal Mail for Members in Northern Ireland and Great Britain;

“Privacy Policy”: means our privacy policy (available at: Privacy Policy);

“Private Courier Firm”: one of the courier companies we work with. This varies depending on location:

for Members based in Northern Ireland and Great Britain – we only use DHL, DHL Parcel UK, DPD, Interlink, Parcelforce and TNT Express (Consignment and Reference); and
for Members based in the Republic of Ireland – we only use DPD.ie;

“Product”: means an item shown for rent on our Site;

“Rental End Date”: means the final day of the Rental Period as set out in the order confirmation email;

“Rental Fee”: means the fee to rent a Product which is set out on the relevant Listing;

“Rental Period”: means the length of time (days) that a Product is rented for (meaning the Rental Start Date until the Rental End Date (inclusive));

“Rental Request”: means a request made by a Renter to rent a Product;

“Rental Start Date”: means the first day of Rental Period, outlined in the order confirmation email;

“Renter”: means a member who hires a Product via Service 3;

“Renter/Customer Specific Terms”: means means the section of these Terms entitled ‘Renter/Customer Specific Terms’;

“Rental Terms”: the additional terms outlined later in this document applicable to Renters/customers

“Replacement Value”: a reasonable estimate of the current market value of a Product by either us or the Lender;

“Return By Date”: means the final day of Rental Period, outlined in the order confirmation email;

“Review”: means a summary of a Renter experience posted by a Renter;

“Security Deposit”: means a deposit of amount of £40.00 payable as set out in ‘Fees and Payment’ above.

“Shipment Date”: the date that the Product is to be couriered to the Renter/Customer by the Lender

“Site”: means our website (available at www.willowcollective.ie).

“Terms”: means these terms and conditions, the Renter/Customer Specific Terms , the Lender Specific Terms, the Fit Policy, any third-party terms and conditions which are incorporated into these terms by reference from time to time, the Privacy Policy and Cookie Policy;

“Total Fee”: means the Rental Fee plus the Courier Fee plus the Security Deposit; and

“User”: means anyone who visits the Site or uses our Services.

Lender Specific Terms

These Lender Specific Terms are in addition to, and do not replace, the other parts of the Terms as defined above. To the extent that there is a conflict or inconsistency between the any other part of the Terms and these Lender Specific Terms, these Lender Specific Terms shall take precedence.

Product Category, Description and Listing

You may list any Product that appears in our dropdown list of categories. If the Product does not fit into one of the designated categories, please email us and we will confirm if it can be listed and if so, under which category.

Please note that we only approve Products to list with an original RRP (recommended retail price) value of over £250.00

Once your account is active, you can send us details of the Product you wish to list together with photos via our online contact form. Please see guidelines on how to take acceptable photos here. In this form, you must describe the Product truthfully and accurately. The Product must be fit for purpose and safe to use. You must own the Product you are listing and it must be legally offered for rental. Any damage to the Product must be listed and photos must be provided. We will review and approve the request if the Product is deemed appropriate for our platform. We may contact you to obtain further information or photos. If we decide not to list your Product, our decision is final. The Rental Fee is as agreed between you and us.

Once approved, the Product will appear in your Lender account and you will be able to receive Rental Requests from Renters and keep track of payments and fees.

We do not verify or make any warranty as to the quality, accuracy or fitness for purpose of any Product.

Listed Products shall appear on our Site and will be available to all Renters to rent.

Condition and Cleanliness of the Product

The Product must be clean and ready for the Renter to wear. You must not provide a Product which is defective or otherwise in unsatisfactory condition. Any small or immaterial flaws and Minor Damage must be clearly explained in the Listing. Lenders should take photos of their Product, showing any such small or immaterial flaws and/or Minor Damage) no more than 24 hours before they post it to a Renter. These photos are necessary if there is a dispute with a Renter during or after the expiry of the Rental Period. Repeated rental of a delicate Product is at the Lender’s risk. Renters will not be liable for general wear and tear such as loose threading. General wear and tear in respect of a Product is at the Lender’s risk.

Deliveries

The Lender must ensure that the Product is posted (first-class, tracked and insured option to be selected) or collected by a Private Courier Firm and delivered by the Rental Start Date. Good quality, waterproof packaging should be used. The Lender will be liable to the other party for any loss or damage to the Product during postage. We shall not be liable for any loss or damage incurred by you arising out of or in connection with postage.

A tracking number should be provided to the Renter once the Product has been posted or collected by the courier firm. If this is not done, we will not be able to assist in any disputes relating to the rental and we and the Renter may assume that the Product has not been sent. Once tracking is provided, the Renter is responsible for being available at the address provided to accept the delivery.

If proof of postage is not provided to the Renter within 48 hours of the Rental Start Date, and the Product does is not delivered by the Rental Start Date, the Renter is entitled to a refund of Total Fee from the Lender and the Lender shall pay the Commission to us.

Cancellations by the Lender

If a Lender:

cancels a rental within 7 days of the Rental Start Date; or
does not post a Product and fails to formally cancel the Rental in accordance with these Terms,

the Renter is entitled to a full refund of Total Fee and we reserve the right to publish a Review giving full details of the circumstances.

We reserve the right to deactivate your account due to inactivity or repeated declined rentals.

Fee Avoidance

Lenders agree that they must not approach Renters privately with a view to avoid our Commission. In-person delivery of Products is not permitted.

Lender Listing Terms

A Lender’s Product Listing must include the following:

Dates the Product is available (please consider whether you are intending to be away from home and may be unable to send the Product to a Renter);
Product Price – The Listing must set out the total price payable for renting Products, including Courier Fee and Security Deposit. The Rental Fee will be as agreed between you and us.
Replacement Value – the Lender is responsible for determining the replacement value of a Product. However, if this is unreasonable, this may affect the rental potential of a Product. We can provide guidance on a suitable Replacement Value on request. If a Product is no longer for sale online, the last known purchase price can be used as the Replacement Value.

The Lender’s Listings must be consistent with our policies in relation to fit, refunds, cancellations, extensions and late fees. Courier Fees must also be consistent with our Courier Fees.

Renter/Customer Specific Terms

These Renter/Customer Specific Terms are in addition to, and do not replace, the other parts of the Terms as defined above. To the extent that there is a conflict or inconsistency between the any other part of the Terms and these Renter/Customer Specific Terms, these Renter/Customer Specific Terms shall take precedence.

Use of the Products

When you rent a Product, you are agreeing to these Terms and you will have the right to use the Product in accordance with and as specifically contemplated by these Terms. This right is personal to you and you must not give it to another person.

Use of the Product is entirely at your own risk and we will not be held liable for any loss or damage arising out of or in connection with your use of the Product (including for any personal injury, illness or death arising out of or in connection with your use of the Product, save where such personal injury, illness or death is caused by our negligence). You are responsible for any loss or damage to the Product caused by or arising out of theft, disappearance, fire/scorching, staining or any other cause resulting in total loss of or irreparable damage to the Product. We shall not be liable if a Product is lost or damaged by a Renter and a Lender may seek payment from the Renter for replacing or repairing any Product. If a Lender believes that a Product is damaged beyond repair, the Lender will contact us. If we (acting reasonably and in good faith) confirm that the Product is damaged beyond repair, you agree that you will pay the Lender the Replacement Value of the Product. Replacement Value will be agreed between us and the Lender before the Listing is posted and will be available on the Listing.

You must use all reasonable endeavours to ensure that the condition of the Product when you return it to us or to the Lender (as applicable) is the same as the condition of the Product when you received it.

The Security Deposit will cover the cost to repair Minor Damage. If the cost to repair is less than the amount of the Security Deposit, the balance will be refunded to you. You will not be liable for general wear and tear such as loose threading or minor staining that is removable with cleaning.

You must inform the Lender of any damage done to the Product during the Rental Period as soon as is possible and you should inspect the Product before returning it to the Lender as well as taking photos/video of the condition of it prior to return.

The Lender must inform you of any damage on receipt of the returned Product within 24 hours of receipt.

You not clean any Product.

Returns

The Renter must ensure that the Product is posted (first-class, tracked and insured option to be selected) or collected by a Private Courier Firm and delivered by the Rental End Date. The Renter is to ensure that the Product is returned in good quality, waterproof packaging. The Renter will be liable to the other party for any loss or damage to the Product during postage. We shall not be liable for any loss or damage incurred by you arising out of or in connection with postage.

A tracking number should be provided to us or the Lender (as applicable) on the Rental End Date. If this is not done and the Product arrives late to the us or the Lender (as applicable), we will not be able to assist in any disputes relating to the rental, we may assume that the Product has not been sent and a Late Fee may be incurred. Once tracking is provided, the Lender is responsible for being available at the address they provided to accept the delivery.

Extension to Rental Period

If you require an extension to the Rental Period, you must request this via the online contact form. The Lender is within their rights to decline this request and you must fulfil your obligation to them by returning the Product on time. If they agree to extend the Rental Period, the Lender will charge the Daily Rental Fee per day for the extra days.

Failure to Return Products

Failure to return a Product rented from a Lender or from us in accordance with these Terms is not tolerated. If you do not return a Product within 14 days of the Rental End Date, the Lender and/or Willow (as applicable) will be entitled to take legal action against you.

Cancellations by a Renter

If a Renter has cancelled a rental within 7 days of the Rental Start Date, we reserve the right to publish a Review giving full details of the circumstances. We reserve the right to deactivate your account due to inactivity or repeated declined rentals.

Fee Avoidance

Renters agree that they must not approach Lenders privately with a view to avoid our Commission. In-person delivery of Products is not permitted.

Replacement Value

The Lender will determine the Replacement Value in the Listing. Willow can assist Lenders in determining Replacement Value of a Product. By agreeing to rent a product, you are agreeing to the Replacement Value. If you do not agree with the Replacement Value, you shall not rent the Product.

Ability to Pay

You must ensure that you have sufficient funds to cover not only the Rental Fee and associated costs, but also the Replacement Value of the product (in event of loss or damage) and Mediation Costs (in the event of a dispute).

Fit Policy

Service 1

A Renter will be able to determine if a Product fits at their appointment. If a Product does not fit them at the start of the Rental Period, the Rental Fee and any other associated costs are non-refundable.

Service 2

If a Customer orders a Product on the our Site which is unsuitable when it arrives with the Customer, they may be eligible for Rental Credit to the value of the Rental Fee providing they:

contact us (via the online contact form) as soon as possible and in any event within 24 hours of the Product being delivered to them; and
do not remove the security tag and arrange for the Product to be posted/couriered back to us by the end of the next working day with proof of postage and tracking number provided.

Time permitting Willow may arrange for another Product to be sent to the Renter. There is no refund if a product is unsuitable, but there is Rental Credit which can be used at a later date.

Example

Product arrives at 10am on a Thursday, Renter tries on the Product when they come home from work at 8pm that night. Product doesn’t fit properly so for the Renter to be eligible for the hire credit, they must send an email to [email protected]and put the Product in the post (tracked and insured) by 5pm on the Friday. The security tag must also remain in place.

Service 3

If a Renter orders a Product from a Lender through our Site which is unsuitable when it arrives with the Renter, they may be eligible for Rental Credit to the value of the Rental Fee providing they:

contact us (via the online contact form) as soon as possible and in any event within 24 hours of the Product being delivered to them; and
do not remove the security tag and arrange for the Product to be posted/couriered back to the Lender by the end of the next working day with proof of postage and tracking number provided.

A Renter can look at the size guidelines on the designer’s website and the Lender should give accurate size guidance on their Listing to help a Renter determine if the Product will fit.

To ensure that a Renter does not wear a Product but claim it was unworn, Lenders should attach a security tag on a prominent place on the Product. If the security tag is removed the Lender may assume that the Product was used and the Renter is not entitled to a rental credit.

ANNEX

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To: Willow Designer Dress Hire Limited, 8c Crohill Road, Newry, Co. Down, Northern Ireland, BT34 2LF (email address: [email protected]):

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*]

Ordered on [*]/received on [*]

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate