Rentez-Vous Limited Terms and Conditions

1. WHAT ARE THESE TERMS AND CONDITIONS?

1.1 These Terms and Conditions set out the terms on which Rentez-Vous: (a) provides the Website; (b) permits Owners to offer for rent or for sale any Items to a User; and (c) on which each Renter agrees to use the Website to make Orders.
1.2 These Terms and Conditions apply to all Orders made via the Website.
1.3 Please review these Terms and Conditions carefully and make sure that You understand them before using the Website and/or making an Order. If You do not agree to these Terms and Conditions, You must cease use of the Website and must not make an Order through the Website.

2. DEFINITIONS

2.1 In these Terms and Conditions:

"Account" means the account of a User with Rentez-Vous which is created when a User registers with Rentez-Vous as further detailed in clause 5 below;
"Business Day" means a day on which the English clearing banks are ordinarily open for the transaction of normal banking business in the City of London (other than a Saturday or Sunday);
"Content" means postings, messages, images, user profile information and other materials;
"Exceptional Return" means the process of returning an Item before the end of the Term;
"Items" means clothes, accessories and any other goods rented or sold via the Website;
"Listing" means an Item that is listed by an Owner as available for rental or sale via the Website;.
"Meeting Point" means places where the Owner and the Renter are suggested to meet;
"Member" means a person who completes the Rentez-Vous account registration process;
"Owner" means the person who offers any Item for rent or sale via the Website including, but not limited to, designers;
"Price" means the total amount payable to Rentez-Vous and the Owner by the Renter;
"Renter" “Renter” means a User who requests to rent or buy an Item via the Website;
"Rentez-Vous", "we" and "us" are references to Rentez-Vous Limited, a limited company incorporated in England with registered number 08613266 and registered office at The Bakery, 25 City Road, EC1Y 1AA, London;
"Return" means the process of giving back the Item at the end of the Term;
"Security Deposit" means the deposit payable by the Renter to the Owner in the event that an item is lost or damaged by the Renter pursuant to clause 11. Rentez-Vous may authorise payment of the Security Deposit and/or block an amount in respect of the Security Deposit on the Renter’s payment card at the time of the Order. The authorisation or block shall be cancelled at the end of the Term subject to clauses 11 and 21;
"Term" means the period of rent of an Item;
"Website" means any website published by Rentez-Vous from time to time including without limitation the website at www.rentez-vous.com and its subdomains, any associated social networking profiles and any applications for mobile devices published by Rentez-Vous from time to time; and
"User", "your" and "you" means a user of the Website.

3. ACCEPTANCE OF TERMS AND CONDITIONS

3.1 By using the Website and/or making an Order, You accept and agree to be bound by these Terms and Conditions.
3.2 Rentez-Vous may at any time modify these Terms and Conditions. We will notify You of any changes to these Terms and Conditions either by emailing You (at the email address entered by You into the registration form on the Website) and/or by posting a notice on the Website. By continuing to use the Website and/or making any Order after changes to these Terms and Conditions are made and notified to You, You agree to be bound by such changes.
3.3 You can review the most current version of our Terms and Conditions at any time by clicking on the "small print" link located at the bottom of the Website. It is Your responsibility to ensure that You are familiar with the current Terms and Conditions. You are advised to check the above link on a regular basis.

4. WHAT IS THE WEBSITE?

4.1 The Website is an electronic platform through which Users can rent and buy Items of clothing and accessories direct from Owners. 4.2 Rentez-Vous are not acting as the seller or renter of Items, but are merely an intermediary marketing and promotions platform which facilitates Users to make Orders with Owners.
1.2 These Terms and Conditions apply to all Orders made via the Website.
1.3 Please review these Terms and Conditions carefully and make sure that You understand them before using the Website and/or making an Order. If You do not agree to these Terms and Conditions, You must cease use of the Website and must not make an Order through the Website.

5. SIGNING UP AS A USER

5.1 By indicating Your acceptance of these Terms and Conditions, and providing the sign up information that we request as part of Your Account, You become a User of the Website. As a User (and in accordance with these Terms and Conditions) You may use Your Account to act as either: (a) an Owner, by listing on the Website Items for hire or sale; and/or (b) a Renter by requesting to rent or buy Items listed on the Website.
5.2 To be eligible to be a User You must: (a) be over 18 years of age and have capacity to enter into binding contracts under English Law; (b) be a resident of the United Kingdom or France; and (c) provide information to Rentez-Vous that is true and accurate and which You undertake to update when necessary.
5.3 Once You have completed Your user profile and confirmed Your acceptance of these Terms and Conditions, You will be sent a confirmation email which will contain a link for You to confirm Your registration and select a password for Your Account. You are solely responsible for maintaining the security of Your password. You may not disclose Your password to any third party.
5.4 Rentez-Vous may reject any registration, close any Account and withdraw User access to the Website for any reason, immediately and without notice, at its sole and absolute discretion, including if You provide false or incorrect User Account information, establish multiple accounts or do not notify Rentez-Vous of changes to Your User profile information immediately. Rentez-Vous does not endorse any specific Users. Rentez-Vous does not vet Users in any way, although we do encourage Users to leave feedback in relation to their Transactions.

6. HOW THE WEBSITE WORKS

6.1 All Users acknowledge that Rentez-Vous is merely facilitating Transactions between Users and that all Transactions are entered into directly between Owners and Renters. Rentez-Vous merely provides a platform that is passive and neutral and acts in a way that is technical and automated. Users acknowledge that Rentez-Vous does not give any indication or guarantees that any potential or actual payment will be received by Users or that the return of Items will be completed by Renters.
6.2 Each rent or sale of an Item (each a ‘Transaction”) creates an individual contract between the Owner and the Renter which is governed by these Terms and Conditions but to which Rentez-Vous is not a party. The terms of each Transaction should be agreed, and may be varied by Users by additional terms. However, if there is a conflict between such additional terms and these Terms and Conditions, these Terms and Conditions shall take precedence. If You do not agree to these Terms and Conditions please do not use the Website.
6.3 Transactions are entered into between Owners and Renters as follows: Owners list descriptions of Items for rent in a Listing on the Website and shall detail: (i) the Price, which may vary depending on the Term; (ii) the Security Deposit; (iii) the Term and when the Items can be provided; (iv) if renting, the condition in which the Items must be returned (which may include how the Item is to be cleaned); (v) if renting, the approximate location of the Items; (vi) whether the Items are to be collected or delivered (please see Rentez-Vous’s Privacy Policy for further details as to collection of Items); and (vii) the conditions under which a Renter can buy the Item after renting it
6.4 Renters may either: (a) offer to agree to the Transaction as listed on the Website in accordance with the Listing; or (b) contact the Owner for further information on the Transaction and to clarify or negotiate additional terms. If the Renter then wishes to proceed with the transaction, the Renter must offer to agree to the Transaction on the Website in accordance with the Listing and any additional terms agreed with the Owner.
6.5 When a Renter makes an offer to the Owner, the Renter will provide their credit or debit card details and an authorisation for the Price and the Security Deposit. All payments shall be made in accordance with clause 7 below.
6.6 Owners have 24 hours to accept or reject the offer from the Renter. After 24 hours, the offer shall be deemed rejected and the Renter will be notified by email. The Renter may cancel any request at any time before it has been accepted by the Owner.
6.7 If the Owner accepts the offer the Price and the Security Deposit the Renter shall provide its credit/debit card details to Rentez-Vous’s third party online payment processor and give Rentez-Vous full and unconditional authorisation to use these details to make payments of Price and Security Deposit where necessary in accordance with this agreement.
6.8 If applicable, Rentez-Vous shall then release the Owner’s address or address of the agreed meeting point to the Renter for collection of the Item for rent or arrange the delivery.
6.9 Unless agreed otherwise in writing between by the Owner and the Renter: (a) the first day of the Term starts when the Renter collects the Item from the agreed meeting point or delivered by the delivery service as agreed by the Owner and the Renter; (b) the Renter shall return the Item to the agreed meeting point or arrange the delivery service as agreed by the Owner and the Renter on the final day of the Term.
6.10 When the Owner has received an Item back from the Renter it must check the Items back into the Website and rate the experience in order to complete the Transaction and receive payment. If Rentez-Vous does not receive notification from the Owner within 10 days after the Renter confirms the return of the Items that he has not received the Items, the Transaction will be deemed to be completed on the expiry of the 10th day.

7. PAYMENT

7.1 Renters must pay Owners for Catalogue Items by credit or debit card using the payment services on the Site.
7.2 Shipping costs and cleaning costs are included in the global rental price unless otherwise mutually agreed by the Renter and the Owner.
7.3 Rentez-Vous will deduct from the core rental price a commission in consideration for the services provided by Rentez-Vous through the Website. The amount to be received by the Owner, net of the shipping cost and the commission, is shown at the time of Item upload.
7.4 We use a third party service provider to process your payment and to store your credit or debit card information. When using our payment services, you agree with our provider’s conditions and terms . We shall not be liable for the acts or omissions of such third party. You shall be solely responsible for the transmission of information connected to your credit or debit card and we hereby exclude all liability to the extent permitted by law.
7.5 In respect of a rental Order, Rentez-Vous will credit the Owner’s account in an amount equal to the Renting Fee received from the Renter, minus the commission to be retained by Rentez-Vous within 5 Business Days after delivery of the Items to the Renter. In respect of a sale Order, Rentez-Vous will credit the Owner’s account in an amount equal to the sale price received from the Renter, minus the commission to be retained by Rentez-Vous after the Renter confirms the item is received or within 20 Business Days after delivery of the Items to the Renter. The money that the Owners gained at renting and selling items on Rentez-Vous will be kept on an e-wallet.The money can be transferred any time by the Owner to his personal bank account.
7.6 The cancellation and refund policies set out below shall apply to every Order.

8. DELIVERY

8.1 If the Renter chooses the delivery service, the delivery charges will be added at checkout.
8.2 Rentez-Vous and the Owners rely on third parties to provide delivery services. Neither Rentez-Vous nor the Owner can be responsible if estimated timelines are not met. If You do not receive a delivery in time, You may cancel Your Order in accordance with the cancellation policy detailed below.

9. EXCEPTIONAL RETURN

9.1 If for any reason the Renter is unhappy with his rental Order, the Renter must notify the Owner immediately upon receipt. Where the Renter collects the Items from the Owner, the Renter must refuse the Items immediately if he is unhappy with them. The Renter will not be able to make a return pursuant to this clause 9 if he accepts the Items.
9.2 Where the Renter chooses for the Items to be delivered and the Items do not match those ordered or are faulty to the extent that they cannot be worn, the Renter must notify the Owner within 2 Business Days of receipt for an exchange or full refund. To return Items, the Renter must follow the instructions on the reverse of the delivery note that is supplied with the Order and return the Items within 2 days of receiving them. In circumstances where the Items are not faulty or do not correspond to the Order, the Renter shall pay for the costs of delivery when returning the Items. In the event that the Items match the description of those orders and are not faulty to the extent that they cannot be worn, the Owner shall be permitted to require the Renter to pay for the rental.
9.3 On an Exceptional Return, all Items must be returned with their original delivery note to the Owner in order for Rentez-Vous (on behalf of the Owner) to issue a full refund for the value of the rental or the Items (as appropriate) The fixed booking fee payable to Rentez-Vous is not refundable. You must not send the Items to Rentez-Vous.
9.4 Refunds will only be credited to the original payment method used. Save for when the Items are faulty or clearly not fit for purpose, the refund does not include any shipping or handling costs or administration fees charged for use of a credit card.
9.5 We strongly advise You to send all returned Items by a secure signed for service. Any returned Items must be insured for the full amount of the sum paid and signed for on delivery.
9.6 Neither Rentez-Vous nor the Owner shall be responsible for any lost or damaged Items. Therefore, You are advised to retain the proof of postage certificate for any Items returned.
9.7 On an Exceptional Return, where You decide that You do not wish to keep Items that You have ordered, postal costs for returned Items will be Your responsibility. In the event that Items sent to You are damaged, faulty or incorrectly supplied, Owner will refund the postal costs incurred by You.
9.8 If You have opted to receive a refund Rentez-Vous will credit the original Renter's credit/debit card for the sum paid within 3 business days of being notified by the Owner of receipt of the returned Items. Card refunds may take 2-3 Business Days to appear in Your bank account.
9.9 For the avoidance of doubt, Regulation 13(1)(a) of the Consumer Protection (Distance Selling) Regulations 2000 (the “Regulations”) shall apply to these Terms &s; Conditions and the Renter shall not be able to cancel the Transaction by giving notice of cancellation under Regulation 10 of the Regulations.

10. OWNER TERMS

10.1 By Listing an Item on the Website the Owner represents and warrants to Rentez-Vous and the Renter that: (a) the Owner has a valid debit card or credit card; (b) the Owner has the ownership of the Item listed, or is properly authorised to hire the Item by the Owner, and the Item is free from any third party encumbrances; (c) the Owner is offering Items to be hired on the Owner’s own account and not on behalf of any third party and that the Owner is not impersonating any person or any entity including Rentez-Vous; (d) the Items are in good and saleable condition; (e) the Owner is solely responsible for the accuracy, legality and compliance of any Listing and the Owner is solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein; (f) Items listed, and the Owner’s upload of Items for hire, does not infringe the intellectual property rights of any third party, including copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; (g) Items are listed and hired at the Price including any customs, import, export and excise duty, VAT and other levies and taxes which may be applicable. Owners may not charge or seek to charge Renters, or allow the Renters to be charged, for any taxes which are additional to the price displayed for the Item on the Website; (h) the Owner can offer the Items for hire or sale. (i) for each Item for hire: (i) the Owner has the right to transfer possession of the Item; (ii) the Items are: (A) as described; (B) of satisfactory quality; (C) fit for purpose; and (D) safe.
10.2 Owners must not list on the Website any Items that are prohibited (“Prohibited Items”) including any Items which Rentez-Vous, at its absolute discretion, considers to be immoral or inappropriate.
10.3 The Owner acknowledges that it is exclusively responsible for paying all applicable taxes arising as a result of its use of the Website. This includes VAT.
10.4 By creating a Listing on the Website, the Owner grants Rentez-Vous an irrevocable, perpetual, worldwide, non-exclusive, royalty-free licence to host and to display the contents of the Listing.

11. RENTER TERMS

11.1 If an Item is damaged or lost the Renter shall notify the Owner as soon as practicable upon the loss or damage of the Item (in writing). If the Item is damaged the Renter shall not attempt to repair the Item. If the Item is lost or damaged the Renter shall pay the cost of any repair or replacement immediately on notification in writing from the Owner of such costs. Users agree that the Renter shall forfeit the Security Deposit completely, or in part, to pay towards the cost of any repair or replacement of the Item.
11.2 Renters acknowledge that, unless otherwise agreed in writing with the Owner, they are responsible for (even if there is a dispute): (a) collection of any Items (either from the address provided by the Owner or an address agreed by the Owner and the Renter from time to time) at the beginning of the Term provided; and (b) return of any Items (either to the address provided by the Owner or an address agreed by the the Owner and the Renter from time to time) at the end of the Term. 11.3 By hiring an Item from an Owner, the Renter agrees that the Renter shall, whatever the circumstances (even if there is a dispute): (a) pay the Price and the Security Deposit in accordance with these Terms and Conditions; (b) ensure the Item is kept and used in a proper and prudent manner; (c) ensure the Item is kept in clean and good condition; (d) ensure the Item is not taken outside of the United Kingdom or France without the express written permission of the Owner; (e) not remove, delete or obscure any mark placed on the Item by the Owner to identify it as the property of the Owner; and (f) have no title in, or right of lien over, the Item.
11.4 When a Renter offers to agree to the terms of a Transaction, the Renter shall provide its credit/debit card details. The Renter shall provide and give Rentez-Vous authorisation for payment of the Price and the Security Deposit. The Price includes: (a) the ‘Renting Fee’, which is the fee for the hire of the Item or provision of the services which is paid to the Owner; and (b) the ‘Rentez-Vous Commission’, including non-refundable fixed booking fee, which is calculated and shown on the Website once the Renting Fee is settled.
11.5 Immediately after the completion of the Transaction, the Price (and if applicable, the Security Deposit) shall be charged to the Renter’s account and paid to the Owner and Rentez-Vous using the authorisation provided by the Renter.
11.6 Rentez-Vous reserves the right to void any Transactions from obvious errors or mistakes including, for example, errors or mistakes due to human error or technical fault resulting in, for example, an Item being mispriced or giving an opportunity for a User to profiteer from this mispricing.

12. YOUR CONDUCT

12.1 By downloading and/or using the Website, You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. 12.2 You agree and undertake to keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password. 12.3 You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms and Conditions. 12.4 You also agree not to: (a) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website; (b) attempt to gain access to secured portions of the Website to which You do not possess access rights; (c) impersonate any other person while using the Website; (d) contact anyone who has asked not to be contacted; (e) solicit other Users in relation to the lending or borrowing of Items or outside of the Website; or (f) collect personal data about other users for commercial or unlawful purposes; (g) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website; (h) resell or export the software associated with the Website; (i) post, email or otherwise make available Content on the Website that constitutes ‘spam’, ‘junk mail’, ‘chain letters’, a ‘pyramid’ or ‘Ponzi’ scheme, ‘affiliate marketing’ or any unsolicited commercial marketing; or (j) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website. 12.5 Users acknowledge that all Content posted, uploaded or linked to the Website are the sole responsibility of the User from whom the Content originated and that Rentez-Vous does not monitor Content. Users release Rentez-Vous from any liability arising as a result of any Content. If Users have any complaints in relation to Content they should contact Rentez-Vous by email to contact@Rentez-Vous.com providing a full explanation of their complaint with the heading “CONTENT ISSUE”. 12.6 Users must correspond with each other using the Website and are prohibited from agreeing the payment of additional sums to other Users outside of the Website. If Rentez-Vous become aware that any User has made or received or plans to make or receive any such sums Rentez-Vous reserves the right to terminate or suspend such Users’ account(s).

13. OUR RIGHTS

In providing You with access to the Website and permitting You to make Orders for Items via the Website, Rentez-Vous reserves the following rights, and in accessing, browsing or otherwise using the Website and/or making any Order via the Website You grant to Rentez-Vous and agree that Rentez-Vous shall have the following rights: (a) the right to refuse or withdraw Your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in Rentez-Vous’s sole and absolute discretion You violate or breach any of these Terms and Conditions; (b) the right to suspend, amend or disable Your Account without giving You notice or any reason; (c) the right to remove or amend any Listing without giving You notice or any reason; (d) the right to cancel any Order or amend in part any Order without giving You notice or any reason; (e) the right to amend or update the Website, billing methods or these Terms and Conditions from time to time; (f) the right to report You to the police or other judicial body if Rentez-Vous believes in its sole and absolute discretion that Your conduct (whether in using the Website, making an Order for any Items or otherwise) is or may be unlawful.

14. INTELLECTUAL PROPERTY

14.1 Rentez-Vous and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website.
14.2 The Rentez-Vous brand and the Website are protected by UK and International copyright and other intellectual property laws. Without limitation, this means that You may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without Rentez-Vous’s prior express written consent.
14.3 Any unauthorized use of the Website will result in the automatic termination of the limited license granted by Rentez-Vous. Rentez-Vous reserves the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website.
14.4 Rentez-Vous and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Rentez-Vous. They may not be used without Rentez-Vous’s prior express written permission.
14.5 All other trademarks not owned by Rentez-Vous that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Rentez-Vous.

15. SECURITY

Whilst Rentez-Vous has implemented commercially reasonable technical and organisational measures to secure Your personal information from unauthorised use, Rentez-Vous cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk.

16. ELECTRONIC COMMUNICATIONS

By downloading and/or using the Website and/or making any Order for Items through the Website, You consent to receiving electronic communications and notices from Rentez-Vous. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.

17. PRIVACY

You provide Rentez-Vous with information when You register an Account via the Website. Rentez-Vous also collects information both relating to You (for example on Your usage and rental history) and to Users of the Website in general. Any information that You submit or that Rentez-Vous collects when You are using the Website is subject to the Rentez-Vous Privacy Policy, the terms of which are hereby incorporated into these Terms and Conditions.

18. FEEDBACK

Users acknowledge that other Users may leave feedback and a star rating for each ‘Transaction experience’. Users will be sent email notification of any feedback that is left which relates to their Transactions. Feedback must be an honest reflection of the User’s true opinion of the Transaction and of other Users. Users acknowledge that Rentez-Vous does not monitor, check or edit such feedback, which shall be publicly available for viewing on the Website. Users consent to the publishing of such feedback even though it may be critical. Users release Rentez-Vous from any liability arising as a result of any such feedback. If Users have any complaints in relation to feedbacks which relates to them they should contact Rentez-Vous by email to contact@Rentez-Vous.com with the heading “FEEDBACK ISSUE”.

19. NO WARRANTY AND LIABILITY LIMIT

19.1 Rentez-Vous provides the Website "as is" and without any warranty or condition, whether express, implied or statutory. Rentez-Vous specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under the Sale of Goods Act 1979 (as amended).
19.2 Rentez-Vous assumes no liability or responsibility for: (a) any errors or omissions in the Website; (b) any failures, delays or interruptions in the Website; (c) any failures, delays or interruptions in delivery of any Items; (d) any losses or damages arising from the use of the Website and/or any delay in delivery of any Items and/or any errors in any Order and/or any Items that are not of satisfactory quality or do not match the description of such Items,; and (e) any conduct by users of the Website.
19.3 Rentez-Vous reserves the right to deliver the Website and to facilitate Orders in its sole and absolute discretion.
19.4 In no event shall Rentez-Vous, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to any User for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, the publication of any Content, the placement by any User of any Order, the delivery of any Items, the failure in whole or in part of any Owner to deliver any Items, or these Terms and Conditions, on any theory of liability, and whether or not advised of the possibility of damage.
19.5 Rentez-Vous does not seek to exclude liability for death or personal injury caused by its negligence, or fraud or fraudulent misrepresentation on the part of Rentez-Vous.
19.6 If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
19.7 From time to time You may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, You agree to be bound by the Terms and Conditions of such third parties governing their services, promotions and websites and hereby acknowledge that Rentez-Vous shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
19.8 Rentez-Vous specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of inaccurate information appearing on the Website.

20. INDEMNITY

Each User agrees to indemnify and hold Rentez-Vous and its related companies, and each of their respective shareholders, directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of such User’s breach of these Terms and Conditions and/or its violation of any law or the rights of any third party.

21. DISPUTES

21.1 Where a dispute has arisen between two or more Users in respect of a Rental Transaction, the Renter acknowledges and agrees that: (a) all Items must be returned to the Owner in accordance with the other provisions of these Terms and Conditions; (b) the Renter may (if found to have damaged the Items or otherwise to be at fault) forfeit its Security Deposit; and (c) the return of the Renter’s Security Deposit may be delayed if the Owner makes a complaint.
21.2 If the Owner believes that he is entitled to retain some or all of the Security Deposit paid by the Renter the Owner must contact Rentez-Vous in writing within 72 hours of the final day of the Term (being the day that the Renter returns the Item to the Owner) and provide written evidence (and where possible photographic evidence) as to why the Security Deposit should not be released. Owners must specify if they believe that only part of the Security Deposit should be retained;
21.3 Rentez-Vous shall notify the Renter by email to the email address provided in the Renter’s User Account of the complaint made by the Owner. The Renter shall have 5 days from the date of the notification email to respond to Rentez-Vous and provide written evidence (and where possible photographic evidence) as to why some or all of the Security Deposit should not be released to the Owner.
21.4 Having considered the evidence provided by the Owner and the Renter, Rentez-Vous, in its sole and absolute discretion, shall pay the Security Deposit: (a) to the Owner if it considers that the Security Deposit should be paid to the Owner; or (b) to the Renter if it considers that the Security Deposit should not be paid to the Owner; or (c) or to each of them in a proportion deemed appropriate by Rentez-Vous.
21.5 If the Renter or Owner wishes to complain about the payment of the Security Deposit, it must do so to Rentez-Vous within 3 days of the date of the payment referred to in clause 11.5. All evidence should be provided to Rentez-Vous via the email address contact@Rentez-Vous.com with the heading “DEPOSIT DISPUTE”.
21.6 Where a dispute has arisen between two or more Users, the Users agree to attempt in good faith to resolve any such dispute by negotiation. If the matter is not resolved through negotiation, the Users shall email Rentez-Vous with a full explanation of their dispute to contact@rentez-vous.com providing supporting evidence and (where appropriate) photographic evidence. Rentez-Vous may provide a legally non-binding view of the dispute or may refer Users to a dispute resolution service, to be undertaken at the Users’ own expense. Rentez-Vous may also use its right to suspend or remove any user Account, in its sole and absolute discretion. Nothing shall prevent either the Owner or the Renter from commencing court proceedings against one another.

22. TERMINATION

Rentez-Vous may change or discontinue the availability of the Website and at any time without prior notice. Rentez-Vous reserves the right to terminate these Terms and Conditions for any reason, without notice, and these Terms and Conditions shall automatically terminate in the event that You violate any of the Terms and Conditions set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Website and will not make any Order.

23. GENERAL

23.1 These Terms and Conditions are agreed between You and us. No person shall have any rights under or connection with these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.
23.2 If any court or competent authority decides that any term of these Terms and Conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
23.3 Rentez-Vous reserves the right to charge interest on any late payments at the rate of 7% per annum above the base rate of the Bank of England. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
23.4 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
23.5 Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
23.6 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights under these Terms and Conditions without our prior express written consent.
23.7 These Terms and Conditions set forth the entire understanding and agreement between You and Rentez-Vous with respect to the subject matter hereof.
23.8 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
23.9 You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions agreement or their subject matter or formation (including non-contractual disputes or claims).