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Rental agreement

TERMS AND CONDITIONS

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services (Services) for rental of dresses and accessories (Garments) listed on our website www.wishwantear.com (our site) to you. Please read these terms and conditions carefully before ordering any Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.

OUR SERVICES

Our Service allows customers to access the Site and or borrow Garments from wishwantwear in accordance with the Terms of Use and these Terms and Conditions. The customer can choose Garments to borrow from an on-line selection, and have them delivered to the customer's address. This is done with a return date. We reserve the right to limit the number of items that a member may borrow at any time. The currently available borrowing options and rates, are outlined in detail on our site. Also, the current delivery policies governing the delivery and return of Garments are detailed on the Site. Delivery time for Garments you have selected to borrow may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, wishwantwear makes no guarantees as to actual delivery time. The risk of loss for items delivered asses to you upon our delivery to the carrier. We will send you an email letting you know when your Garment is being dispatched.

If a Garment is returned in a damaged or dirty condition that exceeds normal wear and tear, as determined by wiswantwear in its sole discretion, you agree that we may invoice you for the full cost of replacing such Garment as well as charge you the full amount of any lost earnings or incurred costs resulting from the damage. The Garment replacement fee will vary depending on the specifics of each Garment and its amount is to the full discretion of wishwantwear. For more information on what you can be charged depending on the extent of the damage, please click here.

Under no circumstances are customers to attempt to clean any Garments themselves (i.e. dresses, bags, etc) by any means (dry cleaned or otherwise). If done so, wishwantwear reserves the right to invoice for part or full replacement value of the items and charge you the full amount of any potential lost earnings or incurred costs regardless of whether any damage has been caused.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any of our Services from our site.

1. Information about us

1.1 www.wishwantwear.com is a site operated by Sutra Ventures Limited (we).  We are registered in England and Wales under company number 07389715 and with our registered office and trading address at Wish Want Wear, 96A Clifton Hill, London NW8 0JT. Our VAT number is 111990037

1.2 We are regulated by Companies House.

2. Service availability our service

Our site is only intended for use by people resident in the UK only. We do not accept orders from individuals outside the UK.

3. Your status

By placing an order through our site (online or via phone), you warrant that:

(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in the UK.

4. How the contract is formed between you and us

4.1 After placing an order (online or via phone), you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to use our Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Garment you are renting has been dispatched (the Shipping Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. 

4.2 The Contract will relate only to those Garments whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other Services which may have been part of your order until the dispatch of such orders has been confirmed in a separate Shipping Confirmation.

5. Our status

5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that garments you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.  We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

6. Consumer rights and cancellations

6.1 If you are contracting as a consumer, you may cancel or amend a Contract within seven working days, beginning on the day after you have placed your order for hire of the Garment and before the Garment has been delivered without incurring any penalties. In this case, you will receive a full refund of the price paid for the service in accordance with our refunds policy (set out in clause 10 below).

6.2 You may also cancel or amend a Contract as long as you contact us (by email) by no later 4.00 pm on the afternoon that a garment is received by you, as long you ship it back to us by 4.00 pm on the same day the courier delivering the rented garment to your door and have deposited the item for return at your local post office that same day or your have cancelled your order, this type of cancellation or amendment will be refunded subject to the deductions of the delivery costs and insurance charge incurred by us and if you have amended your Contract to replace the Garment with another we shall only pay for the delivery charge of that replacement Garment only.

6.3 Unless otherwise approved by us, should a Garment be kept overnight by the customer and not returned if the Contract has been cancelled or the return date has lapsed or for any other reason, we shall charge 30% per day of the full rental fee as a penalty.

6.4 If a garment is not returned, then on day five, after the garment is due back, we will charge you for the full retail price of the Garment.

6.5 To cancel or amend a Contract, you must inform us in writing (by email to wecare@wishwantwear.com). You have a legal obligation to take reasonable care of the rental garments while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

6.6 You will not have any right to cancel a Contract for the supply of our Services if you have not adhered to clauses 6.1, 6.2, 6.3, 6.4 and 6.5.

6.7 Details of this statutory right, and an explanation of how to exercise it, are provided in the Shipping Confirmation. This provision does not affect your statutory rights.

7. Availability and delivery

Your order will be fulfilled by the delivery date set out in the Despatch Confirmation.

7.1 During busy periods we reserve the right to limit the total number of items being ordered as part of a single order.

7.2 More than 3 items per order will incur extra shipping costs

8. Risk

8.1 The garments will be at your risk from the time of delivery.

8.2 Garments are hired to the customer on the understanding that they shall be returned in an undamaged condition and the customer will be responsible for, and indemnify us against, any loss or damage to the goods whilst on hire. Mandatory Insurance Charge (MIC)  is included in the hire price. This provides cover for minor stains, wear and tear and small damages MIC does not cover loss, theft or malicious damage sustained to dresses. Eg. Tears due to dancing, cleaning, rips due to trying to fit a larger size person than what the garment size suggests. In this case, we will charge for the value of the damage, or for the full retail price of the garment, whichever is applicable. Garments damaged will be charged as indicated above. Liability in any event is limited to the value of the cost of the retail price of the garment

9. Price and payment

9.1 The price of any garments will be as quoted on our site from time to time, except in cases of obvious error.

9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.

9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.

9.4 Our site contains a large number of Garments and it is always possible that, despite our best efforts, some of the Garments listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Garment's correct price is less than our stated price, we will charge the lower amount when dispatching the Garment to you. If a Garment's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Garment, or reject your order and notify you of such rejection.

9.5 We are under no obligation to provide the Garment to you at the incorrect (lower) price, even after we have sent you a Shipping Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Garments must be by credit or debit card. We accept payment withVisa Debit, Visa Credit, Visa Electron, Visa Commericial Mastercard Credit and Masestro. We will not charge your credit or debit card until we despatch your order.

9.6 When you borrow a garment you will be required to provide us with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By signing up for the Service, you authorize us or our agents to bill your credit/debit card the applicable fees, per-item or borrowing fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. The applicable fees will be charged to your credit/debit card on the date your order has been made. If your garment is not returned on the due return date agreed when the order was made, we will charge your credit/debit card for each overdue day, at the rate set in clause 10.2 below for that garment, until a return shipment has been booked by the customer and we are notified by the courier company.

9.7 If we do not receive payment from your credit/debit card provider or if your credit/debit card expires or is rejected, you agree to pay all amounts due upon demand. we reserve the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

9.8 You are solely responsible for any and all fees charged to your credit/debit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

10. Our refunds policy

10.1 When you cancel an order: (a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the order in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies), we will examine the returned Garment Garment and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Garment. Garments returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

10.3 If you fail to fulfill agreed upon terms, your credit/debit card will be charged for the full, non-discounted fees and charges for the entire period you booked the dress for.

10.4 Please note that we offer a full refund (minus shipping) on all unworn clothing. Accessories are non refundable

11. Our liability

11.1 We warrant to you that any Garment hired from us through our site is of satisfactory quality and reasonably fit for all the purposes for which garments of the kind are commonly supplied.

11.2 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the hire price of the garment you have ordered.

11.3 This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or
(d) For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us
(e) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable
provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4.

12. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13. Notices

All notices given by you to us must be given to Sutra Ventures Limited at Wish Want Wear, 96A Clifton Hill, London NW8 0JT. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14. Transfer of rights and obligations

14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

15. Events outside our control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.



16. Waiver

16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.

17. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18. Entire agreement

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

19. Our right to vary these terms and conditions

19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

19.2 You will be subject to the policies and terms and conditions in force at the time that you order garments from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Shipping Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Garments).

20. Law and jurisdiction

Contracts for the purchase of our Services through our site 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) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.