2.      customer taste and preferences

3.      the price of the Product;

4.      availability of the Product;

5.      prior cancellations by a Lender;

6.      Reviews; and

7.      market trends.

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

16.                     CLIQUE OWNS ITS INTELLECTUAL PROPERTY AND YOU GRANT US RIGHTS IN YOUR INTELLECTUAL PROPERTY

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

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

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

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

17.                     FEES AND CHARGES THAT YOU MAY INCUR

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

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

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

4.      CLIQUE may have a liability to collect VAT on the Sale or Loan of Products made by Members outside of the United Kingdom. In these circumstances, the VAT paid to HMRC will be deducted from the Earnings before funds are passed to the Lender or Seller (as the case may be).

18.                     DELIVERY / DISPATCH / RETURNS

Product(s) may be sent to the Borrower or Buyer directly by the Lender or Seller, or by CLIQUE acting as agent on behalf of the Lender or Seller. If a Product is dispatched directly by the Lender or Seller, the delivery timescale and tracking number shall be stated by the Lender or Seller.

19.                     PRODUCTS DISPATCHED BY LENDER / SELLER

1.      If a Lender’s or Seller’s delivery carrier has used reasonable endeavours to deliver a Product to the Borrower or Buyer and those endeavours have proven unsuccessful, for instance, if the address provided by the Borrower or Buyer is incorrect or incomplete or the parcel is sent back due to non-acceptance by the Borrower or Buyer, the Product shall be returned to the Lender or Seller.

21.                     RETURNS TO A LENDER OR SELLER

1.      Products dispatched by a Lender or Seller directly to a Borrower or Buyer should be returned to the return address indicated by the Lender or Seller. CLIQUE disclaims any liability in the case of loss of or damage to a Product prior to or while in transit to a Lender or Seller, which shall be the responsibility of the Borrower or Buyer (as applicable).

23.                     DELIVERY LIABILITY

1.      A Product shall remain the property of the Lender or Seller (as applicable), unless the Product is Purchased by a Buyer in which case title in the Product shall pass to the Buyer on full payment for the Fees being received by CLIQUE.

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

3.      In the event that a delay in the delivery of a Product occurs and as a result the Borrower or Buyer wish to cancel the Service, the Buyer or Borrower agrees to use a reputable courier or postal service for the purposes of returning the Product to CLIQUE (as agent for the Lender or Seller) using the Return Packaging, or, as the case may be, to a Lender or Seller at the address indicated by them in a timely manner and in accordance with any dates and/or times agreed in the Service.

24.                     CLIQUE’S LIABILITY TO YOU

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

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

3.      CLIQUE’s role and responsibilities are limited to the provision of the CLIQUE Offering and acting as agent for the Members in entering into the relevant Sale or Loan on their behalf. As CLIQUE is not the Seller or Lender of any Products, CLIQUE has no control over the Products and therefore does not give any commitment relating to the existence, quality, safety, genuineness or legality of a Product.  Any deliveries of Products that are arranged by CLIQUE and fulfilled by its delivery partners shall not imply that CLIQUE is a party to the contract between the Lender and the Borrower, or the Seller and Buyer (as appropriate). CLIQUE shall be acting as subcontractor and/or agent of the Lender or Seller (as applicable) in respect of the provision of delivery services and CLIQUE shall have no liability to you for any delay or failure in delivery or any items lost or damaged by a delivery partner or courier.

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

5.      You decide whether to proceed with the Service and CLIQUE shall not be liable for any delays in the delivery of a Product, return of a Product or any loss or damage to a Product including where the delivery information, address or location provided by a Member is unsecure or unsuitable.

6.      CLIQUE is responsible to a Member only for foreseeable loss and damage caused by CLIQUE in the provision of the CLIQUE Offering in accordance with these Terms. If CLIQUE fails to comply with these Terms, CLIQUE is responsible for loss or damage you suffer that is a foreseeable result of CLIQUE failing to comply with these Terms or CLIQUE failing to use reasonable care and skill whilst providing the CLIQUE Offering, but CLIQUE is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is either obvious that it will happen, or, if at the time the CLIQUE Offering was made available and the Service was entered into, both CLIQUE and the Member knew that it might happen, for example, if you discussed it with CLIQUE prior to using the CLIQUE Offering to enter into the Service.

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

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

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

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

11.  CLIQUE only provides the CLIQUE Offering for domestic and private use, except only where you are a Trader Seller. Unless you are a Trader Seller, if you use the products for any commercial, business or re-sale purpose, CLIQUE will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

25.                     HOW YOU CAN CONTACT CLIQUE

1.      The CLIQUE Offering allows Members to directly contact each other. Buyers and Borrowers can gain more information about the Product(s) they wish to Borrow or Buy, and Lenders and Sellers can answer questions and gain more information about the Buyers’ and Borrowers’ interest in Product(s). Communications must comply with these Terms at all times and should not under any circumstances be used to:

1.      send unsolicited marketing, promotional, publicity or commercial content;

2.      exercise psychological pressure on another Member or send them offending content; or

3.      attempt to complete a transaction outside of the CLIQUE Offering for the purpose of Fee Avoidance.

2.      You acknowledge and accept that the CLIQUE Offering is not permitted to be used for:

1.      contacting someone who does not want to be contacted;

2.      abuse or harassment;

3.      concluding a transaction outside of the CLIQUE Offering for the purposes of Fee Avoidance; or

4.      unsolicited advertising, promotions, spam or donation requests.

3.      You agree to contact the relevant Member directly regarding any problems you may have with the Product(s) and the Service.

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

26.                     LISTING CHECKS PERFORMED BY CLIQUE

1.      CLIQUE may perform a quality control check to ensure any Listing corresponds with the Product displayed. However, CLIQUE shall not check whether all or any Products or the description of the Product in the relevant Listing meets the Borrower’s or Buyer’s expectations. CLIQUE does not guarantee that the Borrower or Buyer will find the Product satisfactory, whether from an aesthetic point of view or from a practical point of view, as to its use.

28.                     HOW CLIQUE USES YOUR PERSONAL INFORMATION

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

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

29.                     DISPUTES BETWEEN MEMBERS

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

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

1.      the disputing party (“Claimant”) must raise the issue directly with the other Member (“Defendant”) using the messenger function in the CLIQUE Offering and give reasons for the dispute in reasonable detail;

2.      if a Defendant accepts the Claimant’s reasons for the dispute, the Lender or Seller (when they are the Defendant) may propose a resolution to the dispute by issuing a refund or (when they are the Claimant) raising a charge via the dashboard;

3.      in the event that a Borrower or Buyer (as the Defendant) receives a charge from a Lender or Seller, the Borrower or Buyer shall either accept or decline this charge within 5 days of notification of such charge issued by the Lender or Seller, or (where the Borrower or Buyer is the Claimant) accepting the refund. If the charge or refund (as applicable) is accepted, the dispute between the Members shall be fully and finally settled;

4.      notwithstanding the above, if you and another Member are unable to resolve the issue, CLIQUE will make all reasonable efforts to mediate an equitable outcome.

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

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

30.                     DISPUTES WITH CLIQUE OR COMPLAINTS ABOUT CLIQUE

1.      If you want to complain about the CLIQUE Offering or the way CLIQUE has treated you, including because you disagree with CLIQUE’s decision on refunding or compensating another Member, restricting or suspending a Listing, or ending this agreement, please contact CLIQUE at [email protected].

2.      Both you and CLIQUE agree that in the event of a dispute or complaint, you and CLIQUE will first contact the other party and make efforts in good faith to resolve the dispute before resorting to more formal means of resolution.

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

4.      CLIQUE will bear a reasonable proportion of the total costs of any mediation, taking into account all relevant elements of the dispute, as determined by the mediator.

5.      Each party reserves the right to bring legal action at any time.

31.                     GENERAL

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

2.      Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

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

4.      In the event that any part of these Terms is found by a court to be unreasonable, unenforceable or void, that part shall be severed, and the remainder of the Terms shall be enforceable with such deletion or modification as may be necessary to make it effective and for such period as is found to be reasonable and valid.

5.      Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.

6.      CLIQUE may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Terms. You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of your rights and obligations under this agreement.

7.      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 CLIQUE’s agreement with you.

8.      Any notice required to be given to CLIQUE in connection with these Terms may be sent by email to [email protected].

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

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

11.  These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England.

12.  Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

32.                     WHEN YOU USE THE CLIQUE OFFERING

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

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

3. – BORROWER SPECIFIC TERMS

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

1.   LENDING SERVICES

1.      All Loans of Products are between you and a Lender and CLIQUE is not party to the contract between you or the Lender. CLIQUE is an intermediary only and acts in the capacity of agent of each of the Borrower and Lender in entering into the contract for the Service, in accordance with these Terms.

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

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

1.      the Security Deposit (if applied);

2.      the Courtesy Charge;

3.      the Service Fee;

4.      a Cleaning Fee;

5.      the Delivery Fee (if applicable); plus

6.      the amount of VAT at the applicable rate(s).

4.      By submitting a Loan Request, you warrant that you:

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

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

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

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

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

6.      will use a reputable courier or postal service and use a first-class tracked and signed for service for the purposes of returning the Product to the Lender, or passing on to the next Borrower, in a timely manner and in accordance with the Loan Period;

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

8.      are not using the CLIQUE Offering on behalf of any other person and you shall not allow any other individual to use the Product(s). Use of the Product(s) by any other individual is a material breach of these Terms.

2.   ACCEPTANCE OF A LOAN REQUEST

1.      CLIQUE will email you to confirm the Lender’s acceptance of your Loan Request.

2.      Sometimes the CLIQUE Platform will automatically reject a Loan Request, for example, if you are located outside of the UK. CLIQUE will contact you as soon as possible and refund any Security Deposit, Courtesy Charges, Service Charge or any other Fees you have paid.

4.   USE OF THE PRODUCTS

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

2.      You accept to upload images of the Product on a periodic basis to the CLIQUE platform, to provide up-to-date proof of the Product’s current quality. Unless otherwise specified, this is required on a weekly basis. The Borrower warrants that images uploaded into this process must be current, factually accurate, fairly representative of the borrowed Product, and undoctored in any way.

3.      You acknowledge and accept that you are responsible for loss, destruction or damage to a Product due to theft, accidental loss, fire, stains or any other cause resulting in the loss of or irreparable damage to a Product. If you have purchased Damage Protection, you shall not be liable for any damage which CLIQUE considers in its sole discretion to be minor and reparable, including but not limited to, minor stains, rips, missing beads and broken or stuck zippers.

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

5.   LOSS OR DAMAGE

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

1.      retain the Security Deposit, if applicable;

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

3.      charge your Payment Method with the Mediation Costs.

7.   PASSING ON AND RETURNING PRODUCTS

1.      The Loan Period is 14 calendar days from initiation and will be renewed automatically until cancellation.

2.      Cancellation of the Loan Period can be initiated by the Lender or the Borrower through the CLIQUE platform. Once a cancellation has been confirmed, the Loan End Date will be confirmed to both the Lender and the Borrower.

3.      At the end of the Loan Period, the Lender can opt to pass on the product to the next queued Borrower, or to have the product returned.

4.      As a Borrower, you acknowledge and accept that when passing on or returning a Product at the end of a Loan Period, the Product must be sent by you by post or other acceptable delivery service on the Loan End Date to the name and address details communicated by the CLIQUE platform.

5.      The Borrower will use a reputable courier or postal service and use a first-class tracked and signed for service for the purposes of passing on or returning the Product in a timely manner and in accordance with the Loan Period;

6.      When passing on or returning, it is the Borrower’s responsibility to ensure the Product(s) are professionally cleaned and delivered in a "ready to wear" condition, the Products will match their original item description on the Listing and be a true and fair representation of their current condition, and will be fit for purpose and safe to use. This includes any agreed repairs or make-good actions agreed between the Borrower and Lender, at the cost of the Borrower.

7.      If you do not post the Product on the Loan End Date, you acknowledge and agree that CLIQUE may, in its sole discretion, charge your Payment Method with any number of the following Fees:

1.      the applicable Courtesy Charge(s) for subsequent Loan Period(s);

2.      all taxes applicable to the Service; and

3.      any reasonable legal expenses incurred by CLIQUE in retrieving the Product.

3.      You hereby consent to CLIQUE charging your Account and Payment Method to cover such charges.

4.      If you do not post the Product to the Lender in accordance with clause 7.5, CLIQUE reserves the right to suspend your Account and to prohibit you from Renting any further Products from the CLIQUE Platform until the Product has been returned and all applicable Late Fees have been paid in accordance with clause 7.7.

5.      In the event the Product is not returned by the date thirty days after the original agreed Loan End Date, the Product shall be deemed to have been lost or totally destroyed, clause 5 shall apply and CLIQUE shall additionally have the right to charge your Payment Method for the Replacement Fee for the Product, as set by CLIQUE.

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

8.   YOUR RIGHT TO CHANGE YOUR MIND

1.      If you change your mind and decide that you no longer want to Borrow a Product, you can cancel the Loan Request by visiting the “My Loans” section of your Account on the CLIQUE Platform.  When you placed your Loan Request and when you cancel your Loan Request will impact on your rights to cancel and receive a refund, as set out below:

1.      Where the Borrow Request has been accepted by the Lender but the item has not yet been sent, you will liable for one week of Courtesy Charge;

2.      Where the Borrow Request has been accepted by the Lender and the item has been sent, you will liable for two weeks of Courtesy Charge, and return postage to the Lender.

2.      You are entitled to cancel the Loan Request free of charge within the two (2) hour period immediately following the time of the Loan Request being submitted and accepted by CLIQUE on behalf of the Lender. In all other circumstances where you cancel the Loan within forty-eight (48) hours of the Loan Start Date, you shall not be entitled to any refund and shall be charged the Fees in full, subject to this clause 8.1.

3.      Any Security Deposit being held by CLIQUE for a Loan as agent for the Lender shall be returned to you within ten (10) Business Days of cancellation of the relevant Loan.

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

9.   LENDER CANCELLATION

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

10.                     BORROWERS LIABILITY

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

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

3.      In the event of the loss or damage of a borrowed Product, CLIQUE shall be entitled to charge your Payment Method with an amount per damaged or lost Product up to the Replacement Value of each Product. Funds will be taken from your account to cover the Replacement Value and any outstanding Fees without further permission being sought and you hereby consent and authorise CLIQUE, at all times acting reasonably, to do so in these circumstances.

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

5.      In the event of a Borrower failing to provide cleared funds for replacing a lost or damaged product, CLIQUE may, in its sole discretion, credit the Lender’s balance prior to reclaiming funds through mediation and or legal action.

 

11.                     OFFER TO BUY

The "Offer To Buy" functionality available on the CLIQUE Platform enables you to confidentially negotiate the price of a Product by sending an offer to the Lender, who may either accept it or reject it, or make a counter-offer to you, and you are able to accept, reject or propose a counter-offer back to the Lender. If a Sale is agreed, the Sale Terms shall apply to the sale of that Product.

4. – LENDER SPECIFIC TERMS

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

1.   USE OF THE PRODUCTS

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

2.   LENDING SERVICES

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

2.      When you Lend a Product, you agree to successfully handover the product to the Borrower within 5 working days. The Loan Period will be calculated to commence from this date within the CLIQUE Platform, unless confirmed received by the Borrower on an earlier date.

3.      You will use a reputable courier or postal service and use a first-class tracked and signed for service for the purposes of fulfiling the Product to the Lender

4.      When you Lend a Product, you agree to pay us a Service Fee based upon the Courtesy Charge agreed between you and the Borrower. The Service Fee will be directly deducted by CLIQUE from the payment made by the Borrower to CLIQUE in its capacity as agent for you as the Lender.

5.      Payments from CLIQUE to you as the Lender will be credited through the CLIQUE platform as credits within 3 working days of cleared funds being received from the Borrower. The Lender can use their credit on the CLIQUE platform or opt to cash-out. In the event of cash-out being selected, this will be sent to the specified payment method within 5 working days.

6.      In the event of a Borrower failing to provide cleared funds for replacing a lost or damaged product, CLIQUE may, in its sole discretion, credit the Lender’s balance prior to reclaiming funds through mediation and or legal action.

 

3.   PASSING ON AND RETURNING PRODUCTS

1.      The Loan Period is 14 calendar days from initiation and will be renewed automatically until cancellation.

2.      Cancellation of the Loan Period can be initiated by the Lender or the Borrower through the CLIQUE platform. Once a cancellation has been confirmed, the Loan End Date will be confirmed to both the Lender and the Borrower.

3.      At the end of the Loan Period, the Lender can opt to pass on the product to the next queued Borrower, or to have the product returned.

4.      As a Lender, you must specify the name and address details to send your product to next (i.e. to the next queued Borrower, or to yourself). These details will be populated through the CLIQUE platform.

5.      If the Borrower does not post the Product to you on the Loan End Date, or the item is not passed to the next queued Borrower within the timeframe set out at Section 7, CLIQUE may, in its sole discretion, charge the Borrower’s Payment Method with the following Fees:

 

1.      the applicable Courtesy Charge(s) for subsequent Loan Period(s);

2.      all taxes applicable to the Service; and

3.      any reasonable legal expenses incurred by CLIQUE in retrieving the product.

3.      If the Borrower does not post the Product to you in accordance with clause 7.5, CLIQUE reserves the right to suspend the Borrower’s Account and/or prohibit the Borrower at fault from Renting any further Products from the CLIQUE Platform until the Product has been returned and all applicable Fees have been paid.

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

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

5.   BORROWER CANCELLATION

1.      If a Borrower decides that they no longer want to Borrow a Product, the Borrower can cancel the Loan Request free of charge by visiting the "My Loans" section of their Account on the CLIQUE Platform and submitting a cancellation request no less than ten (10) days prior to the Loan Start Date. For example, if a Loan Start Date is the 20th day of the month, a cancellation request must be submitted to CLIQUE on or before the 10th day of the month.

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

3.      If the same Product is Rented by another Borrower for all or part of the cancelled Loan Period, in determining the Cancellation Charge, CLIQUE shall consider reducing the Cancellation Charge by an amount which is proportionate to that part of the Loan Period which is covered by the Loan Period for the new Loan, as notified to you by CLIQUE.

4.      However, where a Borrower’s Booking Date and the Loan Start Date are within the same forty-eight (48) hour period, the Borrower shall be entitled to cancel the Loan Request free of charge within the two (2) hour period immediately following the time of the Loan Request being submitted and accepted by CLIQUE on your behalf as Lender. In all other circumstances where a Borrower cancels the Loan within forty-eight (48) hours of the Loan Start Date, the Borrower shall not be entitled to any refund and shall be charged the Fees in full, subject to this clause 5.4.

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

6.   DAMAGE PROTECTION

When a Borrower is ordering your Products on the CLIQUE Platform, CLIQUE may offer them complementary services being sold by CLIQUE or on CLIQUE’s behalf. Presently, the only additional service CLIQUE offers to Borrowers is Damage Protection. CLIQUE does not allow you to offer the same complementary services to Borrowers for your Products.

7.   LENDER CANCELLATION

1.      If you cancel a confirmed Loan Request, the Borrower will receive a full refund of all Fees paid by them for the Loan.

2.      If you cancel a Loan at least 48 hours prior to the Loan Start Date, or within two (2) hours of accepting a Loan with a Loan Start Date due to commence within forty-eight (48) hours, there shall be no Service Fee payable by you to CLIQUE.

3.      In all other cases of cancellation by you, CLIQUE reserves the right to charge you 100% of the Service Fee that would otherwise have been applicable had the Loan completed.

4.      CLIQUE reserves the right to publish a Review indicating that you have cancelled a Loan Request, each time you cancel a Loan Request. CLIQUE reserves the right to display the Product forming the subject matter of a cancelled Loan Request as unavailable or blocked for the duration of the originally requested Loan Period.

5.      CLIQUE reserves the right to charge you a Cancellation Charge as it deems appropriate and reserves the right to "pause" wardrobes due to inactivity or repeated declined or expired loans.

8.   LENDER WARRANTIES

1.      By Listing your Product(s) for Borrow on the CLIQUE Platform, you warrant and represent that:

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

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

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

4.      you own or have the right to Lend the Product(s) to a Borrower for the Loan Period;

5.      you will not List or Borrow any Product(s) to any Borrower on the CLIQUE Offering that:

1.      are defective or damaged; or

2.      counterfeit.

6.      you will accept the Replacement Value set by CLIQUE for any Product;

7.      you have given a truthful and accurate description of the Product’s characteristics, including but not limited to, recent photographs and an accurate Replacement Value (if applicable) and any defects or damage to it;

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

9.      you will not engage in Fee Avoidance and you will not attempt to approach Borrowers outside of the CLIQUE Offering (including for the purpose of Fee Avoidance);

10.  you will use a reputable courier or postal service for the purposes of delivering the Products to the Borrower in a timely manner and on or before the Loan Start Date and in accordance with any dates and/or times agreed with the Borrower; and

11.  you will provide all Borrowers with complete and accurate delivery timescales and tracking information.

2.      It is acknowledged and agreed that:

1.      CLIQUE has the right to increase or decrease the Courtesy Charge of any Product listed on the CLIQUE Platform based on the demand for that Product or similar Products by up to an amount of 15% of the Courtesy Charge of the original Listing;

2.      you are solely responsible for complying with any obligations you have under these Terms and applicable law with respect to the Products which you List on the CLIQUE Platform, including giving effect to Borrowers’ rights under applicable law (including cancellation and return rights where applicable) and compensating any damage occurred by the Borrower or any other person;

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

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

9.   OFFER TO BUY

The "Offer To Buy" functionality available on the CLIQUE Platform enables a Buyer to confidentially negotiate the price of a Product by sending an offer to you. This will only be available once a product has been borrowed for a minimum 14-day period. You may either accept it, reject it, or make a counter-offer to the Borrower and the Borrower may propose a further counter-offer which you can accept or reject. If a Sale is agreed, the Sale Terms shall apply to the sale of that Product.

5. – SALE TERMS

1.      In addition to the General Terms, the following provisions shall apply to you whilst using the CLIQUE Offering in the capacity of Buyer or Seller.

1.   WHO ARE YOU BUYING FROM OR SELLING TO?

1.      When you agree to Purchase or Sell any Product, you are entering into a contract to Buy directly from the relevant Seller (not from CLIQUE) or to Sell directly to a Buyer through the CLIQUE Platform and the contractual relationship in relation to the sale will be only between the Buyer and the Seller. CLIQUE will act as agent on behalf of the Seller and the Buyer by providing the CLIQUE Offering and will not be a party to the contract for the Sale of the Product.

2.      The Seller will be responsible for the Sale, the delivery (if applicable) and other after-sale care and CLIQUE’s role is limited to acting as intermediary agent to conclude the contract for the Sale by collecting the Buyer’s payment via the chosen Payment Method on behalf of that Seller. CLIQUE’s receipt of full payment of the Fees from the Buyer will discharge the Buyer’s debt to the relevant Seller in respect of the Purchase.

3.      Whilst CLIQUE may assist with certain practical issues on behalf of the Seller, CLIQUE does not have any contractual obligations to the Buyer or Seller nor does the Buyer or Seller have any contractual rights against CLIQUE regarding any Product Bought or Sold on the CLIQUE Platform.

4.      Payments from CLIQUE to you as the Seller will be credited through the CLIQUE platform as credits within 3 working days of cleared funds being received from the Buyer. The Seller can use their credit on the CLIQUE platform or opt to cash-out. In the event of cash-out being selected, this will be sent to the specified payment method within 5 working days.

 

2.   ORDERING AND AVAILABILITY OF PRODUCTS FOR SALE

1.      A Buyer may order Products once they have completed at least a 14 day borrowing period, and a Purchase Offer is extended by the original item owner. The Buyer will follow the prompts that appear on-screen. The Buyer may check and correct any input errors up until the point at which they Purchase the Product(s) by clicking the "Checkout" button and completing the payment process. At this point, an offer is submitted by the Buyer, and accepted by the Seller, in both cases via CLIQUE acting as agent for each Member and a contract between the Buyer and the Seller ("Contract") is formed, and the Seller is under a legal duty to supply the Buyer with Product(s) that are in conformity with the Contract.

2.      When a Buyer and Seller enter into a Contract, either the Seller, the Buyer, or both, agrees to pay CLIQUE a Service Fee based upon the Purchase Price agreed between the Buyer and the Seller. The Service Fee will be directly deducted by CLIQUE from the funds paid to CLIQUE as agent for the Seller by the Buyer. CLIQUE will provide the Seller with an invoice detailing the Service Fee that has been (or will be) deducted.

3.      By entering into a Contract, the Buyer warrants that they:

1.      have read the Product description in the Listing and accepted these Terms before making the request to Buy a Product;

2.      understand that CLIQUE is providing access to the CLIQUE Platform and associated intermediary services as agent, and that the supply of the Bought Products is made by the Seller;

3.      have kept their Account information correct and accurate and the Account information will not change until the Products have been received;

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

5.      have sufficient and available funds to cover the payment for the Fees relating to the Purchase and any associated costs;

6.      will use a reputable courier or postal service and use a first-class tracked and signed for service for the purposes of returning a Product to the Seller (if applicable and agreed); and

7.      are not using the CLIQUE Offering on behalf of any other person.

3.   FINAL SALE

1.      All products sold through the CLIQUE platform are considered Final Sale and returns and refunds will not be permitted. This is because a purchase offer can only be made after 14 days of the product being borrowed by the Buyer and deemed in acceptable condition.

2.      Please note that CLIQUE has no control over, or responsibility for, any Seller or the quality of any of the Products the Seller provides, CLIQUE does not give any commitment (whether on CLIQUE’s own behalf or on behalf of any Seller) regarding the Product, and CLIQUE is not able to provide, and has no responsibility or liability for providing, any compensation to the Buyer on behalf of any Seller.

3.      Nothing in this section affects any Member’s statutory rights as a consumer which cannot be excluded.

6.   SELLER WARRANTIES

1.      A Member acting as a Seller warrants and represents, by Listing your Product(s) for Sale on the CLIQUE Platform, that:

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

2.      you understand that CLIQUE is providing you with the CLIQUE Offering, and that you are authorising CLIQUE as your agent to enter into a binding agreement on your behalf as Seller, with the other Member, in accordance with these Terms, and you hereby agree and undertake to abide by these Terms;

3.      you accept that the contract for the supply of the Products is entered into directly between you as Seller and the Buyer;

4.      you own or have the right to Sell the Product(s) to a Buyer;

5.      you will not List or Sell any Product(s) to any Buyer on the CLIQUE Offering that:

1.      are defective or damaged; or

2.      counterfeit.

6.      you have given a truthful and accurate description of the Product’s characteristics, including but not limited to, recent photographs and the condition of the Product;

7.      the Products will match the item description on the Listing and be a true and fair representation of their current condition, will be fit for purpose and safe to use;

8.      you will not engage in Fee Avoidance and you will not attempt to approach Buyers outside of the CLIQUE Offering (including for the purpose of Fee Avoidance);

9.      you will use a reputable courier or postal service for the purposes of delivering the Products to the Buyer in a timely manner and in accordance with any dates and/or times agreed with the Buyer; and

10.  you will provide all Buyers with complete and accurate delivery timescales and tracking information.

2.      It is hereby acknowledged and agreed that:

1.      you are solely responsible for complying with any obligations you have under these Terms and applicable law with respect to the Products which you List on the CLIQUE Platform, including giving effect to Buyers’ rights under applicable law (including cancellation and return rights where applicable) and compensating any damage occurred by the Buyer or any other person;

2.      you shall review the Purchase Request for a Product before accepting it and only accept a Purchase Request where you intend to fulfil it.

7.   SELLER CANCELLATION POLICY

1.      If a Seller submits a cancellation request for a confirmed Buyer Request, the Buyer will receive a full refund of all Fees paid by them for the Purchase of that Product.

2.      If a Seller cancels a Buyer's purchase within two (2) hours of it being made there shall be no Service Fee payable by the Seller to CLIQUE.

3.      In all other events of cancellation by a Seller, CLIQUE reserves the right to charge the Seller 100% of the Service Fee applicable as if the Purchase completed.

4.      CLIQUE reserves the right to publish a Review indicating that the Seller has cancelled a Buyer's Purchase. CLIQUE may impose a Cancellation Charge as it deems appropriate and reserves the right to "pause" wardrobes due to inactivity.