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Terms of Service

TERMS OF SERVICE

These terms of service are divided into five parts:

  1. Part A: About HURR
  2. Part B: General terms applying to all use of the HURR Offering
  3. Part C: Renter Specific Terms
  4. Part D: Lender Specific Terms
  5. Part E: Sale Terms

These terms of service may have changed since you last reviewed them. These terms of service were last updated in May 2024.

 BY USING THE HURR OFFERING (AS DEFINED BELOW), YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE HURR OFFERING. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.

  1.  – ABOUT HURR

  1. ABOUT HURR

  1. HURR operates the online fashion marketplace on the domain hurrcollective.com and connects both Renters with Lenders and Buyers with Sellers on the website and through an associate mobile application.
  2. HURR’s mission is to reinvent ownership by providing all the short-cuts to a sustainable wardrobe through Renting, Lending, monthly refreshes, purchase or sale of pre-owned clothing via the HURR Offering.
  3. The role of HURR shall be limited to providing the intermediary services of the HURR  Offering to its Members. HURR does not act as a Lender or Seller and at no point in time will HURR become the Lender or Seller of a Product. The HURR Offering allows Members to use the HURR Platform an intermediary platform with functionality which allows Members to contract directly with other Members, and through its operation of the HURR Platform, HURR acts in its capacity as agent of each of the Members in relation to the Service and the entry into the resulting agreements for: (i) Rental which shall be directly between the Lender and Renter; and (ii) Sale which shall be directly between the Seller and Buyer. HURR is not a party to any Sale or Rental between Members and hereby disclaims all liability in respect thereof.
  4. At all times, Members act for and on behalf of themselves and never as an agent or representative of HURR.
  5. The HURR Offering is owned and operated by HURR. HURR will confirm the key information to Members in writing after you complete a transaction, either by email or in your online account.
  6. In some cases, a Listing will have the word ‘Managed’ written on it. These Products are owned by a Lender or a Seller but are held by and dispatched by HURR, acting as agent for that Lender or Seller. This does not mean that HURR is liable or responsible for the Products.
  7. When accessing or using the HURR Offering you may be any one (or any combination of) the following categories of User:
  1. Renter: a Member who Rents Product(s) on the HURR Platform from a Lender;
  2. Lender: a Member who makes available Product(s) to Rent and Lends Products to Renters via the HURR Platform;
  3. Buyer: a Member who purchases Products on the HURR Platform from a Seller;
  4. Seller: a Member who makes available Products for Sale to Buyers on the HURR Platform; or
  5. any other User of the HURR Platform who is not a registered Member, such as a visitor to the HURR Platform who is considering applying to become a Member.
  1. All Users are required to read, accept and agree to comply with these Terms (including the terms of the Privacy Policy and Cookie Policy) and any third-party terms and conditions referred to within these Terms or which are referred to on the HURR Platform. If you do not wish to accept any aspect of the Terms, you should not apply to register as a Member, and you must stop accessing or using the HURR Offering immediately.
  2. Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made available through the HURR Offering may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will take precedence.
  3. HURR reserves the right to make changes to the HURR Offering and to these Terms. HURR strongly recommends that you revisit these Terms each time you use the HURR Offering to familiarise yourself with any amendments. Acceptance of any amendments to the HURR Offering and/or the Terms will be inferred from your continued use of the HURR Offering. In the event that HURR makes any significant changes to the HURR Offering and/or the Terms, HURR will notify you via email.
  4. To find out more about when and why HURR collects your personal information, how HURR uses it, and how HURR keeps it secure, please refer to the Privacy Policy. For information about how HURR uses cookies, please refer to HURR’s Cookie Policy.
  1.  – GENERAL TERMS APPLYING TO ALL USERS OF THE HURR OFFERING

  1. DEFINITIONS AND INTERPRETATION

  1. The definitions outlined below apply throughout the Terms:

General Definitions

"Account"

a Member’s account on the HURR Platform establishing that User as a Member entitled to Rent, Lend, Buy or Sell Products.

“Business Day”

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

“Cleaning Fee”

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

"Content"

any photos, video, text or any other information posted to the HURR Platform or the HURR social media platforms or sent using any messaging function of the HURR Platform by HURR or Members.

"Cookie Policy"

HURR’s cookie policy, details of which are available at: https://www.hurrcollective.com/cookie-policy

"Delivery Fee"

the fees for delivery of each Product to be delivered to the Renter or Buyer (as applicable) as part of the Services.

“Earnings”

an amount owed by HURR to a Seller or Lender calculated by deducting all applicable Fees from the Purchase Price or Rental Fee (as applicable).

“Fees”

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

  1. the Rental Fee payable to HURR as agent for the Lender (in respect of Rentals);
  2. the Purchase Price payable to HURR as agent for the Seller (in respect of Sales);
  3. the applicable Service Fee;
  4. the Delivery Fee;
  5. the Cleaning Fee;
  6. any applicable Late Fees;
  7. the Damage Protection Charge (if selected);
  8. the Cancellation Charge (if applicable);
  9. Mediation Costs (if applicable); plus
  10. VAT at the applicable rate(s).

"Fee Avoidance"

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

  1. direct Users or Members to an alternative site performing services similar to the Services; or
  2. communicate with another User or Member with a view to circumventing the Service Fee and/or the HURR Offering.

"General Terms"

Part B of these Terms, which apply to all Users.

"HURR"

HURR Limited, a company registered in England and Wales with company number 11262189, with its registered office at 85 Great Portland Street, First Floor, London, W1W 7LT.

"HURR Flex" 

the HURR Offering by which Renters can purchase bundles of credits which may be redeemed against future Rentals, details of which are set out here.

"HURR Offering"

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

"HURR Platform"

the website hurrcollective.com and the mobile application made available by HURR.

"Intellectual Property Rights"

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

"Listing"

the listing of a Product by a Lender or Seller on the HURR Platform and "List" shall be construed accordingly.

"Mediation Costs"

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

"Member(s)":

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

"Payment Method"

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

"Privacy Policy"

HURR’s privacy policy, details of which are available at: https://www.hurrcollective.com/privacy-policy

"Product"

a product, which is owned by a Seller or Lender, which that Member has Listed for Sale or Rental via the HURR Offering, which may include but shall not be limited to womenswear clothing and fashion accessories and "Products" shall be construed accordingly.

"Review"

a brief summary of a Renter or Lender’s experience of Renting or Lending or a Buyer or Seller’s experience of purchasing or selling a product (as applicable) via the HURR Offering.

"Service Fee"

the service fee charged for use of the HURR Offering, which is in addition to the Rental Fee or Purchase Price (as applicable) and not comprised within it, and which shall be:

  1. as a Renter, you agree to pay HURR a commission payment calculated at the applicable rate of the Rental Fee, as specified on the HURR Platform and as found here. Unless another rate is specified the default rate shall be 15%;
  2. as a Lender, you agree to pay HURR a commission payment calculated at the applicable rate, as specified on the HURR Platform and as found here. Unless another rate is specified the default rate shall be 15%;
  3. as a Buyer, you agree to pay HURR a commission payment calculated at the applicable rate, as specified on the HURR Platform and as found here. Unless another rate is specified the default rate shall be 15% of the Purchase Price;
  4. as a Seller, you agree to pay HURR a commission payment calculated at the applicable rate, as specified on the HURR Platform and as found here. Unless another rate is specified the default rate shall be 12% of the Purchase Price, excluding the Delivery Fee.

"Service"

the Renting, Lending, Purchase or Sale of Products by a Member via the HURR Offering.

"Taxation Information"

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

  1. in respect of individuals: full name, primary address, tax identification number and date of birth;
  2. in respect of companies: legal name, primary address, tax identification number, business registration number; and
  3. for all UK residents: your bank account information, to comprise your account name (if different to name above also to be included), account number and sort code.

"Terms"

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

"Third-Party Content"

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

"User"

refers to Members and visitors to the HURR Platform who are not registered as Members and "Users" shall be construed accordingly.

"you"

means you, a User of the HURR Offering, including Members who may be acting in the capacity of a Renter, Lender, Buyer and/or Seller, as the case may be.

Rental Specific Definitions

"Booking Date"

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

"Cancellation Charge"

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

"Damage Protection Charge"

an optional charge per Product payable by a Renter to HURR in consideration for Damage Protection as confirmed at the check-out.

"Damage Protection"

an optional service provided by HURR to Renters to repair minor damage resulting from normal wear and tear of Products, including without limitation, minor stains, rips, missing beads, stuck zippers or other minor damage to a Product in consideration for the Damage Protection Charge.

"Late Fees"

the daily fee charged for the late return of a Product by a Renter as specified here.

"Lend"

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

"Lender"

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

"Lender Specific Terms"

the additional terms incorporated into these Terms that apply to Lenders which can be found here.

"Rent/Renting/Rental"

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

"Rental End Date"

means the date upon which the Rental of a Product expires and the date indicated as such in the Renter’s confirmation email and account dashboard. This date is referred to as the "in the post by" date on the HURR Platform.

"Rental Fee"

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

"Rental Period"

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

"Rental Request"

a request made on the HURR Platform by a Member to Rent a Product from a Lender for the specified Rental Period.

"Rental Start Date"

the date upon which the Rental of a Product begins (and for the avoidance of doubt, includes bank holidays, weekends and any other public holidays), this date will be outlined in a confirmation email and available on the Account dashboard.

"Renter Specific Terms"

the additional terms incorporated into these Terms that apply to Renters which can be found here.

"Renter"

a Member who rents a Product from a Lender via the HURR Platform.

"Replacement Value"

a reasonable estimate of the current market value of a Product taking into account comparable resale prices for similar Products, as decided by HURR, which shall never exceed the RRP of the Product as set out on the Listing. In the event of dispute, HURR shall determine the value in its sole discretion and its determination shall be final and binding.

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

"Security Deposit"

means the security deposit applied to Products over a certain value amount and determined by HURR or the Lender of a product, an amount equal to which shall be held on the Renter’s payment method until the Product is returned and confirmed to be in good condition with no damage.

"Total Rental Cost"

means the total cost paid or payable by the Renter for the Service, non-exhaustively including the Rental Fee, the Service Fee, the Delivery Fee, the Cleaning Fee and the Damage Protection Charge plus VAT at the applicable rate(s).

Sale Specific Definitions

"Buy/Bought"

the purchase of a Product or Products by a Buyer from a Seller via the HURR Platform in consideration for the Purchase Price.

"Buyer"

a Member who Buys Products on the HURR Platform from a Seller.

"Purchase Price"

the purchase price payable by a Buyer to a Seller to Buy a Product, subject to the Sale Terms.

"Purchase Request"

a request made by a Member to Buy a Product from a Seller via the HURR Platform.

"Sale/Sell/Selling"

the sale of a Product or Products by a Seller to a Buyer via the HURR Platform in consideration for the Purchase Price

"Sale Terms"

the additional terms found here in these Terms, which are incorporated into these Terms and which apply to the Sale of a Product which can be found here.

"Seller"

a Member who Sells Products on the HURR Platform to Buyers.

"Trader Seller"

a Seller acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf (as specified as “Managed” on the HURR Platform).

  1. REGISTRATION PROCESS FOR AN ACCOUNT ON THE HURR PLATFORM

  1. To access and use the full range of HURR Offerings, you will be required to apply to register to become a Member and set up an Account. You must become a Member with an Account in order to Rent, Lend, Buy or Sell a Product through the HURR Platform.
  2. You will be required to supply certain information, including personal information, in order to complete the Account registration form successfully. You may create an Account by using an email address and password or by connecting through a social media account (e.g. Facebook and Google).
  3. You are the only person authorised to access and use your Account and your Account is non-transferable. Unless expressly authorised by HURR in writing, you may only register one (1) Account.
  4. HURR is under no obligation to accept any person’s application to become registered as a Member and reserves the right to accept or reject any Membership application at its sole and absolute discretion.
  5. You must be over 18 years of age to create a HURR Account and you represent and warrant to HURR that you are over 18 years of age and have the legal capacity in the United Kingdom to enter into a legally binding agreement. Parents or legal guardians may not agree to these Terms on behalf of children under the age of 18 in order to facilitate the Renting of products via the HURR Offering.
  6. You are responsible for maintaining the confidentiality of your Account details and for any activities that occur under your Account. If you have any concerns that your Account has been misused, you should contact HURR at [email protected].
  7. A public username is automatically created at registration using a combination of characters from your forename and surname. Your username, which is also included in your personal profile URL, is visible to all Users. Members can use the "Search" tool to search for other Members by (i) username; or (ii) forename. The "Search" tool does not facilitate searches by email address.
  8. HURR reserves the right in its sole and absolute discretion to refuse to grant a User a particular username, including non-exhaustively if the username is, or if HURR believes the username is:
  1. impersonating someone else;
  2. protected by a trademark or other third-party intellectual property rights;
  3. vulgar or offensive to any individual or group of individuals;
  4. unsuitable, discriminatory, threatening, abusive, defamatory, obscene, inappropriate, infringing, indecent; or
  5. otherwise does not comply with these Terms or the ethos of HURR.
  1. If you are registering an Account on behalf of a company or other entity you represent and warrant that:
  1. you have the necessary authority and capacity to bind the company or the entity (as applicable), including accepting these Terms, on behalf of the company or other entity;
  2. you are entitled to give HURR the licences and permissions required under these Terms; and
  3. all information and details provided by you to HURR at the point of registration or otherwise (including Content and Taxation Information) are true, accurate and up to date in all respects and will continue to be true, accurate and up to date.
  1. HURR reserves the right to suspend Lender/Seller accounts as well as payouts of any Earnings if necessary and accurate Taxation Information is not provided upon request.
  2. In the event HURR needs to contact you in relation to the HURR Offering, it will do so in accordance with the preferences and contact details indicated by you at registration or checkout, as may be updated by you in your Account settings. If you have indicated that your preferred method of contact is via telephone, HURR, and any other third parties appointed to fulfil the provision of the HURR Offering, may contact you by telephone call or text message, including by an automatic telephone dialling system. Standard message and data rates charged by your mobile carrier may apply to the text messages HURR sends you.
  3. When applying for Membership, you will have the opportunity to sign up for marketing emails to hear about all of the latest news and styles available using the HURR Offering. You can unsubscribe from marketing emails at any time by clicking the link in any emails you receive from HURR. For more information about how HURR uses your personal information, HURR recommends that you review HURR’s Privacy Policy.
  1. YOU WILL TELL HURR OF ANY CHANGES TO YOUR INFORMATION

  1. You warrant that all information provided at the point of Account registration, including the Taxation Information, is truthful and accurate and you undertake to update any inaccurate information as soon as reasonably practicable to keep your Account information (including the Taxation Information) complete and accurate at all times.
  2. You can update or correct your Account details at any time in your Account dashboard or by emailing HURR at [email protected].
  1. HOW YOU CAN REFER A FRIEND

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

  1. WHAT IS THE HURR OFFERING

  1. Upon the acceptance by HURR of your application for registration as a Member, and the successful registration of your Account with HURR, and subject always to your compliance with these Terms, HURR grants you a revocable, non-transferable, non-exclusive, non-sublicensable, license to access and use the HURR Offering for your personal use (when acting as an individual) and for your internal business purposes (when acting on behalf of a company).
  2. Any deliveries of Products that are arranged by HURR and fulfilled by its delivery partners shall not imply that HURR is a party to the contract between the Lender and the Renter, or the Seller and Buyer (as appropriate). HURR shall be acting as subcontractor and/or agent of the Lender or Seller (as applicable) in respect of the provision of delivery services. For further information on HURR’s delivery partners, please see here.
  1. UNAUTHORISED ACCESS OF YOUR ACCOUNT OR USE OF THE HURR OFFERING

  1. You must notify HURR immediately if you learn or have reason to suspect that unauthorised use of your Account or any security incident has occurred, is occurring, or is likely to occur. You will be responsible for maintaining the confidentiality and secrecy of your Account login details and shall be fully and solely responsible for all activities that occur on your Account.
  2. You acknowledge and accept that your use of the HURR Offering is subject at all times to compliance with these Terms and you agree and undertake not to:
  1. post or transmit any Content, information or other materials on the HURR Platform that is, or which HURR considers in its sole discretion to be, unlawful, inappropriate, indecent, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation, expressions of bigotry, prejudice, racism, hatred or profanity;
  2. introduce to the HURR Platform or distribute any viruses, trojans, worms, logic bombs and/or any other material which is malicious or technologically harmful, attack the HURR Offering or any aspect thereof via a denial-of-service attack or a distributed denial-of service attack, or use any robot, spider, scraper or other automated means to access the HURR Offering and/or collect data for any purpose;
  3. display material on the HURR Platform depicting or containing children under the age of eighteen (18);
  4. copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public, or otherwise distribute any Content, web pages or materials available on the HURR Platform and owned by HURR or a third party, save with the prior written consent of HURR;
  5. infringe the Intellectual Property Rights of HURR or any third party;
  6. post, collect or disclose on the HURR Platform any personally identifying information (including account names, email addresses, postal addresses, phone numbers, credit card or banking information or similar information) or private information relating to any other person without that person’s explicit consent;
  7. post or transmit any unsolicited advertising, promotional materials, or any other form of promotion, marketing or solicitation on the HURR Platform, including without limitation, solicitations of credit or debit card numbers, or promotions of raffles or similar contests;
  8. violate these Terms or any applicable domestic or international laws or regulations;
  9. use the HURR Offering to develop a service or product which competes with any aspect of the business of HURR;
  10. attempt to gain unauthorised access to the HURR Platform, the server on which the HURR Platform is stored, or any server, computer or database connected to the HURR Offering or of any other User;
  11. use the member-to-member communication system on the HURR Platform to send Content that violates these Terms or constitutes spam of any kind and HURR reserves the right to scan internal messages between Members to check for spam, phishing, viruses and other malicious, prohibited or illegal behaviours or Content (please note that internal messages sent via the HURR Platform are not stored indefinitely and HURR disclaims all liability for reliance placed on said storage);
  12. Sell or Lend any counterfeit Products or otherwise infringe the copyright, trademark or other rights of third parties;
  13. write, post and/or share untruthful, misleading, false or inaccurate Reviews;
  14. use the HURR Offering to intentionally deceive other Users or impersonate any person or misrepresent your affiliation with a person or entity;
  15. repeatedly cancel Rentals;
  16. engage in any activity which constitutes Fee Avoidance (which shall be determined by HURR in its sole discretion);
  17. attempt to or permit any third party to use any device, software, malicious code or destructive routine intended to damage or otherwise interfere with the proper functioning of the HURR Offering, including without limitation, servers, third-party services or networks connected to the HURR Offering or security measures used in connection with the HURR Offering, or take any action that interferes with another User’s use of the HURR Offering or the proper functioning of the HURR Offering;
  18. attempt to:
  1. or engage in actions which might reasonably cause loss to a User or to HURR;
  2. or engage in actions to reverse engineer, decompile, disassemble, translate, derive or interfere with the source code for the HURR Platform;
  3. use or continue to use the HURR Offering if you have been suspended or banned from use;
  1. use the HURR Offering in a manner which HURR considers in its sole discretion to be harmful to the business of HURR.
  1. If HURR determines, at all times acting reasonably, that any of the activities listed at clause 6.2 have occurred, this will constitute a material breach of these Terms. HURR reserves the right to take any or several of the following acts:
  1. revoke your license to use the HURR Offering, such revocation will occur immediately without further notice to you;
  2. cancel any existing Services which you are party to;
  3. refuse to List any further Products pertaining to you;
  4. block your IP address;
  5. remove any Reviews or Content submitted by or pertaining to you from the HURR Offering; and/or
  6. restrict, suspend or terminate your Account or use of the HURR Offering.
  1. ACCOUNT SECURITY AND YOUR RESPONSIBILITIES FOR YOUR ACCOUNT

  1. The HURR Platform contains a feature which allows you to remain logged into your Account so that you can log in automatically and conveniently each time you access the HURR Platform.
  2. You acknowledge and agree that you will be responsible for any damage or loss to HURR or the HURR Offering arising from or relating to unauthorised access to the HURR Offering from your Account.
  3. You agree to reimburse HURR in respect of any claims made or threatened against HURR, and any loss or damage arising from or relating to such unauthorised access to your Account.
  4. HURR will have no liability to you or any third party for damage or loss related to or arising from such unauthorised access or use of your Account.
  1. HOW HURR CAN DEACTIVATE YOUR ACCOUNT AND HOW YOU CAN STOP USING THE HURR OFFERING

  1. HURR reserves the right to deactivate an Account at any time, including, without limitation, if it is determined by HURR that a Member has violated these Terms or any aspect thereof.
  2. Apart from Services which are currently in progress, you may cease using the HURR Offering at any time. You may delete your Account by emailing HURR at      [email protected] or by pressing the button “DELETE ACCOUNT” in your My Account page. You acknowledge and agree that your Content may continue to be used and displayed by HURR on the HURR Platform even after such deactivation.
  3. HURR will only retain your personal data for as long as necessary to fulfil the purposes HURR collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, HURR considers the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which HURR process your personal data and whether HURR can achieve those purposes through other means, and the applicable legal requirements. Further details are set out in HURR’s Privacy Policy.
  4. In respect of Lenders and Sellers, HURR can suspend or restrict any Listing made on the HURR Platform if HURR becomes aware, or have reason to believe, that the Listing is not true, accurate or up to date or that the Product or the Listing doesn’t comply with these Terms, or is otherwise unlawful.
  5. HURR can end your rights to use the HURR Offering for any of the following reasons:
  1. you have not complied with these Terms, including the policies referred to in them and your non-compliance is more than trivial or is repeated;
  2. you have not paid an invoice for all or any part of the Fees by the due date;
  3. you, being an individual, are the subject of a bankruptcy petition, application or order;
  4. you have, as a company, become insolvent or you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business or your financial position deteriorates to such an extent that HURR reasonably believes your ability to fulfil your obligations is at risk;
  5. HURR reasonably considers that continuing to provide access to the HURR Offering to you could expose the HURR Offering to disrepute, contempt, scandal or ridicule, or would tend to shock, insult or offend the public or reflect unfavourably on HURR’s reputation or the other Members on the HURR Offering
  6. HURR decides to stop providing the HURR Offering; or
  7. HURR reasonably determines, or receives information or notice from HMRC, that you are not meeting your tax obligations.
  1. HURR will give you at least 30 days’ notice that HURR is ending this agreement and closing your Account, unless:
  1. HURR’s legal, tax or regulatory obligations require HURR to end this agreement without such notice;
  2. It is imperative for HURR to end this agreement either immediately or on shorter notice. For example, HURR may end this agreement with immediate effect if you, as a company, become insolvent or you, being an individual, are the subject of a bankruptcy petition, application or order, or HURR discover that your Products are unsafe or counterfeit or present a danger to minors, or if HURR reasonably suspects you of fraud or of using the HURR Offering to spam others;
  3. you’ve repeatedly broken this agreement;
  1. If HURR is suspending or restricting an individual Listing or ending this agreement, HURR will normally give you a written statement of the specific facts or circumstances which led to the decision and which of these Terms HURR considers you have broken. If HURR are acting in response to a notification from someone else, HURR will also share the contents of that notification with you, but will not tell you who the notification came from. However, HURR will not give you such a statement if:
  1. HURR is subject to a legal, tax or regulatory obligation not to provide the specific facts or circumstances or to set out the reasons; or
  2. HURR is ending this agreement because you’ve repeatedly broken it.
  1. HURR will send the statement to you via email or another durable medium. Where HURR are suspending or restricting an individual Listing, HURR will send the statement before or at the time of the suspension or restriction. If HURR are ending this agreement, HURR will send the statement at the same time that HURR give notice that HURR is ending this agreement.
  1. YOUR AND HURR’S OBLIGATIONS AFTER THIS AGREEMENT ENDS

  1. After this agreement ends (for whatever reason) you must (unless HURR tell you otherwise):
  1. when acting as a Lender or Seller:
  1. Immediately remove any Listings for your Products from the HURR Platform;
  2. Leave your Renter and Buyer profile (excluding Listings for your Products) live until 60 days after your fulfilment of the last order for Services you received through the HURR Platform, to allow Renters and Buyers to contact you about orders previously submitted. Once this period has expired you must remove your Renter and Buyer facing profile.
  1. continue to comply with these Terms insofar as they relate to Services received through the HURR Platform before your agreement ended. You need only comply with the version of these Terms which applied when this agreement ended.
  1. After this agreement ends (for whatever reason) HURR:
  1. in respect of Lenders and Sellers:
  1. may remove all Listings for your Products from the HURR Offering, if you’ve not already done so, and reject any order received after this agreement ends;
  2. may remove your Renter and Buyer facing profile from the HURR Platform, if you’ve not already done so, except that HURR can keep it live until 60 days after the fulfilment of the last order you received through the HURR Platform, to allow Renters and Buyers to contact you about orders previously submitted.
  1. will continue to comply with these Terms insofar as they relate to orders received through the HURR Platform before your agreement ended. HURR will comply with the version of these Terms which applied when this agreement ended.
  2. will give you access to data (including personal data) generated by your use of the HURR Platform to the extent and for the period set out in HURR’S Privacy Policy.
  1. CHANGES TO THE HURR OFFERING AND THESE TERMS

  1. HURR reserves the right to make changes to the HURR Offering and to these Terms to (without limitation):
  1. reflect changes in relevant laws and regulatory requirements;
  2. implement technical adjustments; and
  3. make improvements to the HURR Offering.
  1. HURR is always looking at new ways and innovative features to improve the HURR Offering. Whilst implementing these updates, HURR may need to reset, stop offering or supporting a particular aspect or feature of the HURR Offering. These changes may affect your past activities, current features and Content you have posted and any other information you have submitted to the HURR Platform. Once HURR has made the changes to any part of the Services, your acceptance will be inferred from your continued use of the HURR Offering.
  1. ACCESS AND AVAILABILITY TO THE HURR OFFERING IS NOT GUARANTEED

  1. Access to the HURR Offering is permitted on an “as is” temporary basis. HURR may suspend, withdraw, discontinue or change all or any part of the HURR Offering without notice. HURR will not be liable to you if the HURR Offering is unavailable at any time or for any period of time.
  2. You are responsible for making all arrangements necessary to facilitate access to the HURR Offering. You will also be responsible for ensuring that all persons who access the HURR Offering through your internet connection are aware of these Terms and that said persons remain in compliance with these Terms at all times.
  3. HURR will use reasonable endeavours to ensure that the HURR Offering is operational at all times. However, the HURR Offering may be subject to limitations, delays and other problems inherent in the use of such communications facilities and you acknowledge that the HURR Offering:
  1. will not be uninterrupted or error-free;
  2. may experience delays and contain inaccuracies;
  3. may become unavailable from time to time due to maintenance requirements, malfunction or otherwise; and
  4. will not be free from vulnerabilities or viruses and you should ensure that any devices you use to access the HURR Offering have up to date anti-virus and anti-malware protection.
  1. HURR will not be responsible or liable to you for any loss or damage arising from or relating to delays, delivery failures, or any other loss or damage arising from or relating to the transfer of data over communications networks and facilities, including the internet, viruses, worms or other programmes designed to impair the HURR Offering.
  1. HURR CONTENT BELONGS TO HURR

  1. All Content and information available through the HURR Offering, including but not limited to, Product and Listing descriptions and specifications, Product photos or videos, advice from stylists and photos are available to you on an “as is” basis and is to be used for general information purposes only.
  2. Such information is provided on an anonymous basis, without any knowledge as to your identity or specific circumstances. HURR reserves the right to update the Content as HURR deems appropriate and without advance notice to you.
  3. You must not extract or otherwise use any Content or data on the HURR Platform for commercial purposes.
  1. HURR IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CONTENT

  1. The HURR Offering may contain links or references to non-HURR websites, products, services or other materials or Content. This Third-Party Content is provided to you as a convenience, and HURR is not responsible for any Third-Party Content or the actions of those that provide or use such Third-Party Content. Any Third-Party Content is independent from HURR, and HURR has no control over the Third-Party Content.
  2. In addition, a link to any Third-Party Content does not imply that HURR endorses, approves of or accepts any responsibility for the Third-Party Content or its provider, or vice versa.
  3. You acknowledge and agree that HURR will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with or resulting from your use of or reliance on any such Third-Party Content. HURR strongly encourages you to review any separate terms and conditions of use, privacy policies and cookie policies governing these third-party websites and Third-Party Content.
  1. YOU ARE RESPONSIBLE FOR YOUR OWN CONTENT

  1. You warrant that:
  1. you have all relevant rights, licenses and/or approvals in relation to any Content you post on the HURR Offering, or, you own all Intellectual Property Rights in the Content;
  2. the publication of Content will not infringe upon the rights (including Intellectual Property Rights) of any third-party; and
  3. all photographs will be true, accurate and un-edited photographs of the Product(s).
  1. You acknowledge and agree that the Content will be accessible by others and that, subject to clause 14.5, the Content is wholly your responsibility.
  2. You agree to reimburse HURR in respect of all liabilities suffered or incurred by HURR arising out of or in connection with an infringement of the rights of any third party (including Intellectual Property Rights).
  3. By creating a Listing or uploading Content to the HURR Platform, you acknowledge and agree that you are granting HURR and its licensees a worldwide, non-exclusive, royalty-free, irrevocable, sublicensable, transferable license to modify, compile, combine with other Content, copy, record, synchronise, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Content as reasonably necessary to provide, advertise and promote the HURR Offering, and to promote the relevant Products on your behalf acting as your agent to other Users for Sale or Rental. Content may be displayed and shared by or on behalf of HURR in online and offline advertisements, emails, and on other websites and applications to promote HURR and increase the visibility of the HURR Offering.
  4. You understand that the Content you upload will not be constantly monitored by HURR and you agree and undertake not to upload Content which is unsuitable, offensive, discriminatory, threatening, abusive, defamatory, obscene, inappropriate, infringing, indecent or which does not comply with these Terms.  HURR additionally reserves the right to modify the presentation of photographs of Products (e.g. by resizing the photographs or removing the background of a Product so that it appears over a white background) or otherwise remove any photographs which it considers in its sole discretion to be:
  1. tampered with;
  2. of less than acceptable quality;
  3. unfit for the purpose of accurately displaying the Product(s); or
  4. infringing the Intellectual Property Rights of any third party, and
  5. HURR’s decision to remove a photograph shall be final.
  1. In the event that HURR determines, in its sole discretion, that the description of a Product is incorrect or inaccurate (due to negligence, misrepresentation or otherwise), or you have fraudulently misrepresented the true description of a Product, or you have wilfully concealed the true description of a Product, (the “Offending Content”), without any delay or notice, HURR may:
  1. promptly remove (or ask you to promptly remove) the Offending Content from the HURR Platform;
  2. permanently or temporarily restrict your ability to upload any additional Content to the HURR Platform;
  3. restrict your access to the HURR Offering;
  4. temporarily or permanently disable your access to the HURR Offering;
  5. terminate any pending Services; and/or
  6. take any other action which it considers necessary to remedy the breach.
  1. HURR may be required to obtain additional information from third parties in respect of a Listing if Content relating to a Product is uploaded without all requisite details, including without limitation, specifications, images, and additional descriptions. HURR reserves the right to amend a Listing to include additional details and shall not be obliged to provide you with the opportunity to approve any changes to the Listing in advance. HURR shall use its reasonable endeavours to ensure the accuracy of any additional information but shall not be liable for any inaccuracies or any losses or damages resulting from it.
  2. You acknowledge and agree that HURR shall not be liable for any loss, damage or liability resulting from your reliance on Content posted on the HURR Platform by other Users and any reliance on such Content is entirely at your own risk.
  3. Other than Content uploaded by you, no part of the HURR Offering or Content may be reproduced or transmitted or distributed by you in any form, by any means, electronic or mechanical, including photocopying and recording, except that HURR authorises you to view, copy, download, and print Content (such as press releases and FAQs) that are available on the HURR Platform, provided that:
  1. you use the Content solely for your personal, non-commercial, informational purposes;
  2. you do not modify the Content or transmit or distribute it to any other person; and
  3. you do not remove any copyright, trademark, and other proprietary notices on the Content.
  1. If any of the Content posted or submitted to the HURR Offering by another User makes you feel threatened, discriminated, abused or otherwise uncomfortable, or if you believe any such Content is offensive or otherwise breaches these Terms, please notify HURR at https://help.hurrcollective.com/.
  1. MEMBER DATA

  1. Your use of the HURR Offering will generate data (including personal data), about orders, queries, ratings and Reviews for Products, other Members and other matters.
  2. HURR’s Privacy Policy sets out the extent to which and under what conditions HURR will access this data (including the data categories) and give you access to this data, how HURR will do this. And the extent to which HURR allows third party service providers access to such data and how (and for how long) you can obtain access to such data after this agreement ends.
  3. HURR shares data generated through your own and other Members’ use of the HURR Offering with all Renters and Sellers using the HURR Platform and third parties. What data HURR shares in this way and how HURR does this is set out in the Privacy Policy.
  1. LISTING RANKINGS

  1. The order of Listings which appear in search results is not indicative of a preference for any particular Listing, Lender or Seller by HURR and is dependent on various factors, including without limitation, the following main parameters:
  1. the search parameters employed by a Renter or Buyer;
  2. the price of the Product;
  3. availability of the Product;
  4. prior cancellations by a Lender;
  5. Reviews; and
  6. market trends.
  1. HURR may invite Lenders to participate in promotions, for example, by paying HURR for a more visible listing (as explained in the ranking parameters policy) or offering free delivery for Products or discounts. The terms of such promotions will be available through the Lender’s Account and by submitting any Products for such a promotion, the Lender agrees to the relevant terms.
  1. HURR OWNS ITS INTELLECTUAL PROPERTY AND YOU GRANT US RIGHTS IN YOUR INTELLECTUAL PROPERTY

  1. You acknowledge and accept that your use of the HURR Offering does not confer on you any Intellectual Property Rights owned by HURR 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 HURR as to be confusing. You shall not, under any circumstances, attempt to or harm, tarnish or damage the HURR brand or perception of HURR in any way, knowingly or otherwise.
  2. HURR is the owner or licensee of all Intellectual Property Rights in the HURR Offering, the Content and in the material published on the HURR 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 HURR 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 HURR Offering or Content on the HURR Platform unless HURR 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 HURR Offering or the Content and you agree that you will not use the HURR 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 HURR Offering.
  1. FEES AND CHARGES THAT YOU MAY INCUR

  1. All Fees, costs and charges on and in relation to the HURR Offering are payable in British Pound Sterling (£). Any amendments to Fees will be updated and reflected on the HURR Platform.
  2. HURR works with online payment platforms, such as Stripe, to manage the secure payment process and you acknowledge and consent to HURR sharing your information with Stripe for the purposes of providing the HURR 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 HURR 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, rental, tourist, income or other taxes.
  4. HURR may have a liability to collect VAT on the Sale or Rental 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).
  1. DELIVERY / DISPATCH / RETURNS

Product(s) may be sent to the Renter or Buyer directly by the Lender or Seller, or by HURR 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.

  1. 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 Renter or Buyer and those endeavours have proven unsuccessful, for instance, if the address provided by the Renter or Buyer is incorrect or incomplete or the parcel is sent back due to non-acceptance by the Renter or Buyer, the Product shall be returned to the Lender or Seller.
  1. PRODUCTS DISPATCHED BY HURR ON BEHALF OF THE LENDER / SELLER

  1. All deliveries marked as “Managed” on a Listing will be sent through HURR’s delivery partners, which may be updated from time to time at HURR’s discretion. The delivery method used will be at the discretion of HURR.
  2. HURR (as agent for the Lender/Seller), or HURR’s delivery partners will contact the Renter or Buyer with a tracking number that provides information about estimated delivery and arrival times of Rented and Bought Products.
  3. If HURR’s delivery partners have used reasonable endeavours to deliver a product to the Renter or Buyer and those endeavours have proven unsuccessful, for instance, if the address provided by the Renter or Buyer is incorrect or incomplete or the parcel is sent back due to non-acceptance by the Renter or Buyer, an email will be sent to the Renter or Buyer to notify them.
  4. HURR disclaims any liability in the case of loss of or damage to a Product while in transit to HURR, which shall be the responsibility of HURR’s delivery partner.
  1. RETURNS TO A LENDER OR SELLER

  1. Products dispatched by a Lender or Seller directly to a Renter or Buyer should be returned to the return address indicated by the Lender or Seller. HURR 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 Renter or Buyer (as applicable).
  1. RETURNS TO HURR

This clause applies to Products dispatched by HURR acting as agent for the Lender or Seller.

  1. HURR will, as agent for the Lender or Seller, contract with the relevant HURR delivery partner for them to deliver the Product with a prepaid, pre-addressed reusable return packaging (the “Return Packaging”) together with instructions for the Renter’s or Buyer’s use in returning the Products to HURR on behalf of the Lender or Seller. If the Renter or Buyer loses the Return Packaging, they must contact HURR at https://help.hurrcollective.com/ to request new Return Packaging and it is agreed that HURR may, at its sole discretion, charge the Renter or Buyer for the cost of the Return Packaging and in that case, you, acting as the Buyer or Renter consent to payment being taken from the Payment Method without any further notice to you.
  2. If a Product is not returned to HURR on behalf of the Lender or Seller in the Return Packaging provided, HURR may, at its sole discretion, charge the Renter or Buyer for the cost of the Return Packaging and in that case you, acting as the Buyer or Renter, consent to payment being taken from the Payment Method without any further notice to you.
  1. 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 HURR.
  2. The transfer of the risk of loss or damage to a Product shall take place upon receipt of the Product by the Renter or Buyer or by a third party that the Renter or Buyer shall have commissioned or instructed to act on their behalf in accordance with the policies of the applicable HURR Delivery Partner. The Renter 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 Renter or Buyer wish to cancel the Service, the Buyer or Renter agrees to use a reputable courier or postal service for the purposes of returning the Product to HURR (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.
  1. HURR’S LIABILITY TO YOU

  1. HURR does not exclude or limit in any way HURR’s liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by HURR’s negligence or the negligence of HURR’s employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
  2. Whilst HURR undertakes verification checks of Members to keep the HURR offering safe and secure,  you acknowledge and agree that you Rent, Lend, Buy or Sell Products entirely at your own risk. HURR does not endorse or guarantee any Product or Member or make any assertions as to their trustworthiness. HURR, as an agent or intermediary only, does not accept any liability for a Member’s performance throughout the course of a Service.     
  3. HURR’s role and responsibilities are limited to the provision of the HURR Offering and acting as agent for the Members in entering into the relevant Sale or Rental on their behalf. As HURR is not the Seller or Lender of any Products, HURR 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 HURR and fulfilled by its delivery partners shall not imply that HURR is a party to the contract between the Lender and the Renter, or the Seller and Buyer (as appropriate). HURR shall be acting as subcontractor and/or agent of the Lender or Seller (as applicable) in respect of the provision of delivery services and HURR 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. HURR 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 Renter 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 HURR 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. HURR is responsible to a Member only for foreseeable loss and damage caused by HURR in the provision of the HURR Offering in accordance with these Terms. If HURR fails to comply with these Terms, HURR is responsible for loss or damage you suffer that is a foreseeable result of HURR failing to comply with these Terms or HURR failing to use reasonable care and skill whilst providing the HURR Offering, but HURR 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 HURR Offering was made available and the Service was entered into, both HURR and the Member knew that it might happen, for example, if you discussed it with HURR prior to using the HURR Offering to enter into the Service.
  7. If HURR has supplied you with Content or an update to the HURR Platform which is defective and HURR’s failure to use reasonable care and skill causes damage to a device or digital content belonging to you, HURR will either repair the damage or pay you compensation for losses arising directly therefrom. However, HURR will not be liable for damage which you could have avoided by following HURR’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 HURR.
  8. To the maximum extent permitted by the law, HURR’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 HURR Offering (including without limitation any dispute between Members in relation to any Content you access via the HURR Offering or any other Member you interact with), HURR does not accept any responsibility whatsoever (whether arising in contract, tort or otherwise), except where, as mentioned above, HURR cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by HURR’s negligence).
  10. HURR 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. HURR only provides the HURR 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, HURR will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  1. HOW YOU CAN CONTACT HURR

  1. The HURR Offering allows Members to directly contact each other. Buyers and Renters can gain more information about the Product(s) they wish to Rent or Buy, and Lenders and Sellers can answer questions and gain more information about the Buyers’ and Renters’ 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 HURR Offering for the purpose of Fee Avoidance.
  1. You acknowledge and accept that the HURR 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 HURR Offering for the purposes of Fee Avoidance; or
  4. unsolicited advertising, promotions, spam or donation requests.
  1. You agree to contact the relevant Member directly regarding any problems you may have with the Product(s) and the Service.
  2. In the event you talk to any Members outside of the HURR Offering (to include communications on any social media platform), HURR will be unable to provide any assistance to you in the event of any dispute between you and the other Member and HURR 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 HURR Offering.
  1. LISTING CHECKS PERFORMED BY HURR

  1. HURR may perform a quality control check to ensure any Listing corresponds with the Product displayed. However, HURR shall not check whether all or any Products or the description of the Product in the relevant Listing meets the Renter’s or Buyer’s expectations. HURR does not guarantee that the Renter 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.
  1. REVIEWS BY MEMBERS ON THE HURR OFFERING

  1. HURR encourages Buyers or Renters to leave a Review of the Product which they have Bought or Rented including (without limitation) the condition of the Product and summary of their overall experience of the Service. Reviews help Lenders and Sellers build a reputation on the HURR Platform. When providing a Review, you understand that your Review:
  1. will be public and visible on the Lender’s or Seller’s account pages;
  2. must not include the following:
  1. personal information;
  2. offensive, abusive or harassing images or language;
  3. unnecessary or inaccurate information;
  4. anything intended to undermine HURR’s integrity; or
  5. content aimed at sabotaging the reliability of HURR’s Review structure.
  1. Any behaviour aimed at modifying the content of Reviews through manipulation, coercion, psychological pressuring or corruption is strictly banned.
  2. You hereby agree and undertake not to attempt to or directly or indirectly manipulate Reviews in any way. HURR reserves the right to remove any Review that HURR believes has violated these Terms.
  1. HOW HURR USES YOUR PERSONAL INFORMATION

  1. As a User of the HURR Offering, you consent to HURR 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.
  1. DISPUTES BETWEEN MEMBERS

  1. If you have a dispute with another Member, you agree to release HURR 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 HURR 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 Renter or Buyer (as the Defendant) receives a charge from a Lender or Seller, the Renter 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 Renter 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, HURR will make all reasonable efforts to mediate an equitable outcome.
  1. In the event that substantial costs are incurred by HURR as a result of HURR’s provision of mediation services, HURR may invoice each Member for a reasonable and proportional reimbursement in respect of these costs (the “Mediation Costs”).
  2. In the event that there is a dispute between two Members, HURR may be requested to disclose certain confidential information and personal data to the police, any court of competent jurisdiction or any regulatory, judicial, governmental or similar body or any taxation authority of competent jurisdiction and you acknowledge and consent to the disclosure of your confidential information and personal data in those circumstances.
  1. DISPUTES WITH HURR OR COMPLAINTS ABOUT HURR

  1. If you want to complain about the HURR Offering or the way HURR has treated you, including because you disagree with HURR’s decision on refunding or compensating another Member, restricting or suspending a Listing, or ending this agreement, please contact HURR at https://help.hurrcollective.com/.
  2. For information about the main types of issues we’ve dealt with in the past and how they were resolved, please see here.
  3. Both you and HURR agree that in the event of a dispute or complaint, you and HURR will first contact the other party and make efforts in good faith to resolve the dispute before resorting to more formal means of resolution.
  4. HURR 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. HURR may also refuse mediation of any dispute connected to other disputes in which a mediator has repeatedly found in our favour.
  5. HURR 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.
  6. Each party reserves the right to bring legal action at any time.
  1. GENERAL

  1. These Terms constitute the entire agreement between you and HURR and supersedes and extinguishes all previous terms and conditions, agreements, promises, assurances, warranties, representations and understandings between you and HURR, whether written or oral, relating to the HURR 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. HURR 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 HURR’s agreement with you.
  8. Any notice required to be given to HURR in connection with these Terms may be sent by email to https://help.hurrcollective.com/.
  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.
  1. WHEN YOU USE THE HURR OFFERING

  1. By Renting, Lending, Buying, or Selling a Product, you understand that you are authorising HURR 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 HURR is sued due to an action or inaction by you (including a breach of these Terms) then HURR has the right, to request that you cover all of HURR’s reasonable costs and hold HURR harmless from any legal claim or demand for expenses or costs that arises as a result and which are reasonably incurred by HURR. Where HURR decides to conduct the defence of such claim, you agree to assist HURR as reasonably requested.
  1.  – RENTER SPECIFIC TERMS

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

  1. RENTING SERVICES

  1. All Rentals of Products are between you and a Lender and HURR is not party to the contract between you or the Lender. HURR is an intermediary only and acts in the capacity of agent of each of the Renter and Lender in entering into the contract for the Service, in accordance with these Terms.
  2. If your Rental Request is accepted by a Lender, the Lender shall grant to you a limited license to use the Product(s) for the duration of the Rental Period in accordance with these Terms and the agreement between you and the Lender for the Service.
  3. At the checkout, you shall pay the following, in full and cleared funds:
  1. the Security Deposit (if applied);
  2. the Rental Fee;
  3. the Service Fee;
  4. a Cleaning Fee;
  5. the Delivery Fee;
  6. a plant a tree fee (optional);
  7. the Damage Protection Fee (optional); plus
  8. the amount of VAT at the applicable rate(s).
  1. By submitting a Rental Request, you warrant that you:
  1. have read the Product description and accepted these Terms before making the request to Rent a Product;
  2. accept that HURR is providing you with access to the HURR 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 Rental Period;
  4. will not engage in any activity which constitutes Fee Avoidance (which shall be determined by HURR in its sole discretion) and will not attempt to approach Lenders outside of the HURR Offering (including for the purpose of Fee Avoidance);
  5. have sufficient and available funds to cover the payment of all Fees for the Rental and any associated costs, including the Service Fee, the 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 in a timely manner and in accordance with the Rental 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 HURR Offering on behalf of any other person and you shall not allow any other individual to use the Product(s). Use of the Product(s) by any other individual is a material breach of these Terms.
  1. ACCEPTANCE OF A RENTAL REQUEST

  1. HURR will email you to confirm the Lender’s acceptance of your Rental Request.
  2. Sometimes the HURR Platform will automatically reject a Rental Request, for example, if you are located outside of the UK. HURR will contact you as soon as possible and refund any Security Deposit, Rental Fees, Service Charge or any other Fees you have paid.
  1. MULTI-RENTAL CHECKOUT

  1. The HURR Offering permits you to submit multiple Rental Requests simultaneously. To make the checkout process as smooth as possible, if the Rental Start Date and Rental End Dates are the same for more than one Product that you wish to Rent, the Rental Requests will be grouped together in the checkout (“Bundle”).
  2. If you checkout with a Bundle, the following will apply:
  1. Damage Protection: A bundle level discount will be applied at the discretion of HURR, and may be varied by HURR from time to time. The Damage Protection can only be refunded if all Rentals in the Bundle are cancelled in accordance with the Terms;
  2. Delivery: the highest Delivery Fee applicable to the Product(s) Rented from a single Lender will be the total Delivery Fee to be paid in respect of the Product(s) Rented from that particular Lender. You will only be entitled to a Delivery Fee refund in the event that all Rentals with that same Lender are cancelled and returned to the Lender. Any Delivery Fee discount on a Bundle will apply only to Products Rented from the same Lender and a separate Delivery Fee will apply to any Products ordered from each different Lender;
  3. Discount Code: Any discount code applied to a Bundle will be applied proportionally based upon the Rental Fees of the Products within the Bundle. If you received any promotional or other discount at the time of Renting, any refund will only reflect the amount actually paid by you; and
  4. Security Deposits: Security Deposits for all items in a Bundle can be bundled into one single payment.
  1. USE OF THE PRODUCTS

  1. You acknowledge and accept that the Rental, use, wear and return of the Product is entirely at your own risk and HURR 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 HURR ask that you treat any Rented Product as if that Product was your own.
  2. You acknowledge and accept that you are responsible for loss, destruction or damage to a Product due to theft, accidental loss, fire, stains or any other cause resulting in the loss of or irreparable damage to a Product. If you have purchased Damage Protection, you shall not be liable for any damage which HURR 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.
  3. In the event you lose a Product or return a Product that is damaged, you agree and acknowledge that HURR will be entitled to charge your Payment Method with an amount per lost or damaged Product as determined and notified by HURR to you, up to the Replacement Value of each Product and you hereby consent to that charge.
  1. LOSS OR DAMAGE

  1. You acknowledge and accept that in the event of any loss or damage to a Product, HURR shall be entitled to:
  1. retain the Security Deposit;
  2. charge your Payment Method with a sum as determined and notified by HURR to you, up to the Replacement Value of the product; and
  3. charge your Payment Method with the Mediation Costs.
  1. FIT POLICY

  1. If a product does not fit, you have the ability to claim a part-money, part-credit refund of the Rental Fee (“Fit Policy”). Full details of the Fit Policy shall be set out on the HURR Platform here and may be updated by HURR from time to time. The Rental Fee only will be refunded directly to your Payment Method. The Cleaning Fee and Delivery Fee is non-refundable.
  2. To claim the Fit Policy, you must notify HURR via your Account dashboard on the Rental Start Date. You must go to your “In Progress” Rentals on the Account dashboard and select “View Details” to see the “Order Summary” page. You can then click on “My Item Doesn’t Fit” at the top of the page. If the Rental arrives early, the “My Item Doesn’t Fit” button may not appear until the Rental Start Date. The right to claim the Fit Policy expires the day after the Rental Start Date.
  1. RETURNS

  1. You acknowledge and accept that when returning a Product to a Lender at the end of a Rental Period, the Product must be sent to the Lender by you by post or other acceptable delivery service on the Rental End Date. If you would like to extend the Rental Period, you may submit an extension request to the Lender via the HURR Platform. The Lender reserves the right to decline the request, in which case you must return the Product to the Lender in accordance with the original Rental Period. If the extension request is accepted by the Lender, the additional Rental Fee specified by the HURR Offering, together with an additional Service Fee shall be payable by you.
  2. If you do not post the Product to the Lender on the Rental End Date, you acknowledge and agrees that HURR may, in its sole discretion, charge your Payment Method with any number of the following Fees:
  1. the applicable Late Fee pro rata to the number of additional days you keep the product;
  2. all taxes applicable to the Service; and
  3. any reasonable legal expenses incurred by HURR in retrieving the Product.
  1. You hereby consent to HURR charging your Account and Payment Method to cover such charges.
  2. If you do not post the Product to the Lender in accordance with clause 7.1, HURR reserves the right to suspend your Account and to prohibit you from Renting any further Products from the HURR Platform until the Product has been returned and all applicable Late Fees have been paid in accordance with clause 7.2.
  3. In the event the Product is not returned by the date thirty days after the Rental End Date, the Product shall be deemed to have been lost or totally destroyed, clause 5 shall apply and HURR shall additionally have the right to charge your Payment Method for the full RRP of the Product, as displayed on the Listing.
  4. You expressly accept and acknowledge that the Lender (and not HURR) is responsible for ensuring that Products conform to any descriptions provided on the HURR Platform (including in any Listing) and HURR is not liable for any loss suffered by you arising from the Renting of any Products through the HURR Offering.
  1. YOUR RIGHT TO CHANGE YOUR MIND

  1. If you change your mind and decide that you no longer want to Rent a Product, you can cancel the Rental Request by visiting the “My Rentals” section of your Account on the HURR Platform.  When you placed your Rental Request and when you cancel your Rental Request will impact on your rights to cancel and receive a refund, as set out below:
  1. Where the Booking Date is more than 48 hours or more before the Rental Start Date, and you have cancelled 10 days or more before the Rental Start Date there is no Cancellation Charge;
  2. Where the Booking Date is more than 48 hours or more before the Rental Start Date and you have cancelled Less than 10 days before the Rental Start Date, you will be liable to pay the full Cancellation Charge;
  3. Where the Booking Date is 48 hours or less than the Rental Start Date and you have cancelled two-hours (or less) following the Rental Request, there is no Cancellation Charge; and
  4. Where the Booking Date is 48-hours or less than the Rental Start Date and you have cancelled more than two-hours following the Rental Request, you will be liable to pay the full Cancellation Charge.
  1. If the same Product is Rented by another Renter for all or part of your cancelled Rental Period, the Cancellation Charge, HURR shall consider reducing by an amount which is proportionate to that part of the Rental Period which is covered by the Rental Period for the new Rental, as notified to you by HURR.
  2. However, where your Booking Date and the Rental Start Date are within the same forty-eight (48) hour period, you shall be entitled to cancel the Rental Request free of charge within the two (2) hour period immediately following the time of the Rental Request being submitted and accepted by HURR on behalf of the Lender. In all other circumstances where you cancel the Rental within forty-eight (48) hours of the Rental Start Date, you shall not be entitled to any refund and shall be charged the Fees in full, subject to this clause 8.3.
  3. Any Security Deposit being held by HURR for a Rental as agent for the Lender shall be returned to you within ten (10) Business Days of cancellation of the relevant Rental.
  4. If HURR reasonably believes that a Renter rented a Product with the intention of perpetrating a theft or to cause any other harm to a Member or HURR, HURR reserves the right to cancel the Rental without notice and to charge your Payment Method with a sum that HURR deems to be appropriate, in HURR’s sole and absolute discretion, up to the sum of the Replacement Value.
  1. LENDER CANCELLATION

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

  1. RENTERS 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 RENT A PRODUCT UNLESS YOU HAVE SUFFICIENT FUNDS TO COVER THE REPLACEMENT VALUE.
  2. In the event of any disagreement, HURR 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 HURR shall be binding on you and the Lender.
  3. In the event of the loss or damage of a Rented Product, HURR 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 HURR, at all times acting reasonably, to do so in these circumstances.
  4. HURR 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 HURR is collecting from you.
  1. OFFER TO BUY

The "Offer To Buy" functionality available on the HURR 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 be 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.

  1. HURR CREDIT LOYALTY SCHEME

  1. The HURR Loyalty Scheme ("Loyalty Scheme") is offered at the sole discretion of HURR and allows eligible Members to earn credit for use on future Rentals on the HURR Platform, subject to the Terms and the other terms and conditions relating to the Loyalty Scheme available here.
  2. The Loyalty Scheme is open to all registered Members who have an active Account and who have successfully completed a Rental, including a successful return of the Product without any cancellation or dispute. You will automatically be enrolled to join the Loyalty Scheme by applying for your Account. By applying to join the Loyalty Scheme, you agree that you have read and agree to be bound by these Terms and any changes or modifications HURR make.
  3. Each Member may only join the Loyalty Scheme once and the Loyalty Scheme Account can only be associated with a single email address.
  4. Members that are signed into their Account at the time of Rental can earn credits equal to a minimum of 5% of the Total Rental Cost (as amended by HURR from time to time and as set out in the relevant FAQ after other credits are applied. Credits are earned only for successfully completed Rentals. Members cannot and will not earn credits for cancelled or unsuccessful Rentals (such as where the Product has not been returned, or where a dispute has been raised).
  5. Credits earned through the Loyalty Scheme can be applied to future rentals on the HURR Marketplace. Credits can only be redeemed on the HURR Platform against a Rental or Purchase and cannot be redeemed against any Delivery Fee, Treeapp costs or Damage Protection Charge. To redeem credits, Members must select the option to apply their available credit balance during the checkout process. Credits cannot be used in combination with other discounts, promotions, or coupon codes. Credits have no cash value and you have no property rights in or to any credits, rewards, points or other benefits.
  6. Credits earned through the Loyalty Scheme are non-transferable and can only be used by the HURR Member who earned them. Credits are personal and cannot be shared or combined with other Users or third-parties.
  7. Currently, earned credits will expire 12 months after the time that they are credited to your Account. However, HURR reserves the right to modify or cancel the Loyalty Scheme, including the expiration terms, at any time, with or without notice.
  8. HURR reserves the right to terminate a Member’s Account and/or revoke any earned credits if it is determined that the User has violated the Terms, or the Terms applicable to the Loyalty Scheme.
  9. HURR reserves the right to modify, suspend, or terminate the Loyalty Scheme, including these terms, at any time, with or without notice. Your continued participation in the Loyalty Scheme following any modifications constitutes acceptance of the revised Terms.
  10. HURR is not responsible for any loss or damage incurred by Members as a result of participation in the Loyalty Scheme, including any technical issues or errors related to the calculation, crediting, or use of credits.
  11. HURR makes no representations or warranties of any kind whatsoever in connection with these Terms or the Loyalty Scheme or any of the credits, benefits, rewards, or points associated with the Loyalty Scheme including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
  12. You agree that HURR will not be responsible or liable in contract or in tort or otherwise (including negligence) for any:
  1. interruption of business;
  2. access delays or access interruptions to the Loyalty Scheme;
  3. data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification;
  4. loss or damages of any sort incurred as a result of dealings with or the presence of Third-Party Content on the HURR Platform or use of any benefits, rewards or points of the Loyalty Scheme;
  5. computer viruses, system failures or malfunction which may occur in connection with your use of the Site, including during hyperlink to or from Third-Party Content;
  6. any inaccuracies or omissions in the Loyalty Scheme content; or
  7. events beyond HURR’s reasonable control.
  1. HURR will not be liable for any loss of profit, loss of savings or any indirect, special, punitive, incidental, or consequential damages of any kind related to the Loyalty Scheme and your participation in it, whether in contract, or in tort, or otherwise (including negligence).
  2. You agree that no claims or action in contract, in tort, or otherwise (including negligence) arising out of or in connection with your participation in the Loyalty Scheme, use of credits or these Terms may be brought by you more than six months after the cause of action relating to such claim or action arose.
  3. You agree to reimburse and hold HURR harmless for any loss, damages, or costs, including reasonable legal fees, resulting from any third-party claim, action, or demand resulting from your participation in the Loyalty Scheme in violation of any law, rule, regulation or these Terms.
  1.  – LENDER SPECIFIC TERMS

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

  1. USE OF THE PRODUCTS

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

  1. RENTING SERVICES

  1. If you accept a Renter’s Rental Request, you shall grant to the Renter a limited license to use the Product(s) for the duration of the Rental Period in accordance with these Terms and the agreement between you and the Renter for the Service.     
  2. When you Lend a Product, you agree to pay us a Service Fee based upon the Rental Fee agreed between you and the Renter. The Service Fee will be directly deducted by HURR from the payment made by the Renter to HURR in its capacity as agent for you as the Lender.
  1. FIT POLICY

  1. If a product does not fit, a Renter has the ability to claim a part-money, part-credit refund of the Rental Fee ("Fit Policy"). Full details of the Fit Policy shall be set out on the HURR Platform here and may be updated by HURR from time to time. The Rental Fee will be refunded directly to the Renter’s Payment Method and the Cleaning Fee will be credited to the Renter’s HURR Account. The Delivery Fee is non-refundable to the Renter. You will not be entitled to all or any part of the Rental Fee if the Renter exercises their right under the Fit Policy. Unless you are a Managed Lender, as a Lender you will only be entitled to a payout of the Delivery Fee and Cleaning Fee.     
  2. To claim the Fit Policy, the Renter must notify HURR via their Account dashboard on the Rental Start Date. The Renter must go to their "In Progress" Rentals on the Account dashboard and select "View Details" to see the "Order Summary" page. The Renter can then click on "My Item Doesn’t Fit" at the top of the page. If the Rental arrives early, the "My Item Doesn’t Fit" button may not appear until the Rental Start Date. The right to claim the Fit Policy expires the day after the Rental Start Date.
  1. RETURNS

  1. When returning a Product to you at the end of a Rental Period, the Product must be sent to you by post or other acceptable delivery service by the Renter on the Rental End Date. If a Renter would like to extend the Rental Period, the Renter may submit an extension request to you via the HURR Platform. You may accept the request to extend the Rental Period via the HURR Offering at any time. If you decline the request, the Renter must return the Product to you in accordance with the original Rental Period.
  2. If the Renter does not post the Product to you on the Rental End Date, HURR may, in its sole discretion, charge the Renter’s Payment Method with the following Fees:
  1. the applicable Late Fee pro rata to the number of additional days you keep the product, up to a maximum of six days;
  2. all taxes applicable to the Service; and
  3. any reasonable legal expenses incurred by HURR in retrieving the product.
  1. If the Renter does not post the Product to you in accordance with clause 4.1, HURR reserves the right to suspend the Renter’s Account and/or prohibit the Renter at fault from Renting any further Products from the HURR Platform until the Product has been returned and all applicable Fees have been paid.
  2. You expressly accept and acknowledge that you (and not HURR) are responsible for ensuring that Products conform to any descriptions provided on the HURR Platform (including in any Listing) and HURR is not liable for any loss suffered by you or the Renter arising from the Renting of any Products through the HURR Offering.
  3. You acknowledge and accept that Renters, and not HURR, 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, HURR excludes all liability to you arising out of or in connection with any loss or damage to any Product.
  1. RENTER CANCELLATION

  1. If a Renter decides that they no longer want to Rent a Product, the Renter can cancel the Rental Request free of charge by visiting the "My Rentals" section of their Account on the HURR Platform and submitting a cancellation request no less than ten (10) days prior to the Rental Start Date. For example, if a Rental Start Date is the 20th day of the month, a cancellation request must be submitted to HURR on or before the 10th day of the month.
  2. If a Renter decides to submit a cancellation request for a Rental later than 10 calendar days before the Rental Start Date, HURR reserves the right to charge the Renter’s Payment Method with a Cancellation Charge. You will not be entitled to any part of the Cancellation Charge.
  3. If the same Product is Rented by another Renter for all or part of the cancelled Rental Period, in determining the Cancellation Charge, HURR shall consider reducing the Cancellation Charge by an amount which is proportionate to that part of the Rental Period which is covered by the Rental Period for the new Rental, as notified to you by HURR.
  4. However, where a Renter’s Booking Date and the Rental Start Date are within the same forty-eight (48) hour period, the Renter shall be entitled to cancel the Rental Request free of charge within the two (2) hour period immediately following the time of the Rental Request being submitted and accepted by HURR on your behalf as Lender. In all other circumstances where a Renter cancels the Rental within forty-eight (48) hours of the Rental Start Date, the Renter shall not be entitled to any refund and shall be charged the Fees in full, subject to this clause 5.4.
  5. If HURR reasonably believes that a Renter Rented a Product with the intention of perpetrating a theft or to cause any other harm to a Member or HURR, HURR reserves the right to cancel the Rental without notice and to charge the Renter’s Payment Method with a sum that HURR deem to be appropriate, in HURR’s sole and absolute discretion, up to the sum of the Replacement Value.
  1. DAMAGE PROTECTION

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

  1. LENDER CANCELLATION

  1. If you cancel a confirmed Rental Request, the Renter will receive a full refund of all Fees paid by them for the Rental.
  2. If you cancel a Rental at least 48 hours prior to the Rental Start Date, or within two (2) hours of accepting a Rental with a Rental Start Date due to commence within forty-eight (48) hours, there shall be no Service Fee payable by you to HURR.
  3. In all other cases of cancellation by you, HURR reserves the right to charge you 100% of the Service Fee that would otherwise have been applicable had the Rental completed.
  4. HURR reserves the right to publish a Review indicating that you have cancelled a Rental Request, each time you cancel a Rental Request. HURR reserves the right to display the Product forming the subject matter of a cancelled Rental Request as unavailable or blocked for the duration of the originally requested Rental Period.
  5. HURR reserves the right to charge you a Cancellation Charge as it deems appropriate and reserves the right to "pause" wardrobes due to inactivity or repeated declined or expired rentals.
  1. LENDER WARRANTIES

  1. By Listing your Product(s) for Rent on the HURR Platform, you warrant and represent that:
  1. you will include in your Listings, or where appropriate your profile on the HURR 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 HURR is providing you with access to the HURR Platform and associated platform intermediary services, and that you authorise HURR to act as your agent in respect of entering into a contract for the Service with a Renter;
  3. you accept that the agreement for the Service of the supply of the Product(s) is made directly between you and the Renter;
  4. you own or have the right to Lend the Product(s) to a Renter for the Rental Period;
  5. you will not List or Rent any Product(s) to any Renter on the HURR Offering that:
  1. are defective or damaged; or
  2. counterfeit.
  1. you will accept the Replacement Value set by HURR for any Product;
  2. 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;
  3. the Products will be professionally cleaned and delivered to the Renter in a "ready to wear" condition and the Products will match the item description on the Listing and be a true and fair representation of their current condition, will be fit for purpose and safe to use;
  4. you will not engage in Fee Avoidance and you will not attempt to approach Renters outside of the HURR Offering (including for the purpose of Fee Avoidance);
  5. you will use a reputable courier or postal service for the purposes of delivering the Products to the Renter in a timely manner and on or before the Rental Start Date and in accordance with any dates and/or times agreed with the Renter; and
  6. you will provide all Renters with complete and accurate delivery timescales and tracking information.
  1. It is acknowledged and agreed that:
  1. HURR has the right to increase or decrease the Rental Fee of any Product listed on the HURR Platform based on the demand for that Product or similar Products by up to an amount of 10% of the Rental Fee of the original Listing;
  2. in relation to orders where HURR Flex or similar credit is applied, HURR has the right to apply a portion of the discount the Renter or Buyer receives to the Lender payout from time to time. The total amount of Earnings a Lender will receive can be viewed before you accept a Rental Request either from transactional messages such as email and SMS or via the website. After accepting the Rental Request, this information can be viewed in the ‘Total Payout’ section of each booking;
  3. 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 HURR Platform, including giving effect to Renters’ rights under applicable law (including cancellation and return rights where applicable) and compensating any damage occurred by the Renter or any other person;
  4. you shall review the Rental Request for a Product before accepting it and only accept a Rental Request where you intend to and are able to fulfil it; and
  5. 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.
  1. OFFER TO BUY

The "Offer To Buy" functionality available on the HURR Platform enables a Buyer to confidentially negotiate the price of a Product by sending an offer to you. You may either accept it, reject it, or make a counter-offer to the Renter and the Renter 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.

  1.  – SALE TERMS

  1. In addition to the General Terms, the following provisions shall apply to you whilst using the HURR 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 will entering into a contract to Buy directly from the relevant Seller (not from HURR) or to Sell directly to a Buyer through the HURR Platform and the contractual relationship in relation to the sale will be only between the Buyer and the Seller. HURR will act as agent on behalf of the Seller and the Buyer by providing the HURR 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 HURR’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. HURR’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 HURR may assist with certain practical issues on behalf of the Seller, HURR does not have any contractual obligations to the Buyer or Seller nor does the Buyer or Seller have any contractual rights against HURR regarding any Product Bought or Sold on the HURR Platform.
  1. ORDERING AND AVAILABILITY OF PRODUCTS FOR SALE

  1. A Buyer may order Products by clicking on the items they wish to Purchase and then following the prompts that will 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 "Buy Now" 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 HURR 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 HURR a Service Fee based upon the Purchase Price agreed between the Buyer and the Seller. The Service Fee will be directly deducted by HURR from the funds paid to HURR as agent for the Seller by the Buyer. HURR 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 HURR is providing access to the HURR 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 HURR in its sole discretion) and will not attempt to approach Sellers outside of the HURR 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 agreed); and
  7. are not using the HURR Offering on behalf of any other person.
  1. BUYER CANCELLATION RIGHTS

  1. If a Buyer purchases a Product from a Trader Seller, the Buyer has the right to cancel any purchase at any time before its delivery and up to 14 days afterwards, beginning on the day after the Product (in its entirety) is delivered to the Buyer. If the Buyer cancels, they will receive a refund of the Purchase Price and other Fees in accordance with the refunds policy (see below).
  2. If a Buyer purchases a Product from a Seller which is not a Trader Seller, the right to cancel the Purchase and obtain a refund of the Purchase Price will be at HURR's or the relevant Seller's sole discretion.
  3. To cancel a Purchase, a Buyer must clearly inform HURR, preferably:
  1. by email to the following address [email protected], giving the Buyer’s name, address and order reference; or
  2. by completing and submitting the cancellation form included within the parcel, also available at request on the HURR Platform at https://help.hurrcollective.com.  
  1. A Buyer then has a further 14 days after the day the Buyer notifies HURR of the cancellation to return the Products in the same condition in which the Buyer received them (which does not interfere with the Buyer’s right to take any reasonable steps to examine the Product(s) and make sure they conform to the order).
  2. Products must be returned to the relevant Seller or HURR (as applicable). Buyers have a legal obligation to take reasonable care of the Product(s) while in the Buyer’s possession. If a Buyer fails to comply with this obligation, the relevant Seller may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product(s)), up to the Purchase Price of the Product(s), from the refund to which the Buyer is otherwise entitled.
  3. To return the Product(s), the Buyer should package the parcel securely (making sure they include a note of the Buyer’s name and address (enclosing any returns slip, (if provided) inside the parcel) and then return it to HURR/the Seller (as applicable), either by courier or by recorded delivery mail or other form of certified mail or, if the Product(s) are too bulky to return by mail, then by a suitable carrier, to the returns address stated in the Buyer’s receipt.
  4. Buyers are advised to take out enough postal/carriage insurance to cover the value of the contents. Buyers should retain proof of posting/despatch and tracking information until the refund has been processed. The Buyer will be responsible for the cost and risk of returning the Product(s).
  5. Details of the consumer rights described above, and an explanation of how to exercise them, are provided with the Buyer’s receipt. Nothing in this section affects any Member’s legal rights.
  6. In the event a Buyer has Purchased Products from Seller who is not a Trader Seller, the Buyer’s right to return Products will be at the relevant Seller's sole discretion.
  1. REFUNDS POLICY

  1. For any Buyer that has cancelled a purchase from a Trader Seller within the 14-day cooling-off period, any refund due to the Buyer will be processed as soon as possible and, in any case, within 14 days after the day on which HURR or the relevant Seller receives the Product(s) back or, if earlier, the day on which HURR or the relevant Seller receive evidence that the Buyer has returned the Product(s) to the returns address (see clause 3.6 above).
  2. The Buyer will be refunded the Purchase Price paid in full (subject to any deduction the relevant Seller is entitled to make due to the Buyer’s use of or damage to the Product(s) (if any)), including the Delivery Fee. However, the Buyer will not be refunded the cost of returning the Product(s). If the Buyer received any promotional or other discount at the time of Purchase, any refund will only reflect the amount actually paid by the Buyer. Refunds are made using the same Payment Method originally used to pay for a purchase, unless agreed otherwise.
  1. PRODUCTS NOT AS DESCRIBED

  1. Many Products for Sale on the HURR Platform are second hand. This means that they may not be in perfect condition. However, if any Product Purchased does not comply with the description in the Listing and photographs provided by the Seller, the Buyer may have one or more legal remedies available, depending on when the Buyer makes the relevant Seller aware of the problem, in accordance with their legal rights.     
  2. A Product will be considered as not complying with the description and photographs provided by the Seller in the Listing when the Product received in comparison to the description and photographs is:
  1. an incorrect size;
  2. the wrong colour;
  3. a counterfeit item;
  4. severely damaged (including, without limitation, stains, smells, holes);
  5. the wrong condition; or
  6. incorrect or missing.

For the avoidance of doubt, this will not be the case where the Product is not the right fit (but the size was correctly indicated in the Listing), or the differences between the Product received by the Buyer and the description and photographs in the Listing only include minor and negligible differences that do not affect the use and look of the Product as reasonably expected by a Buyer based on the description and photographs.

  1. If you, as a Buyer, believe that you have received a Product that does not comply with the description and photographs provided by the Seller in the Listing, you should inform the relevant Seller as soon as possible, preferably using the messaging function in the HURR Offering, preferably in writing, giving your name, address and order reference.
  2. Please note that HURR has no control over, or responsibility for, any Seller or the quality of any of the Products the Seller provides, HURR does not give any commitment (whether on HURR’s own behalf or on behalf of any Seller) regarding the Product, and HURR 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.
  1. SELLER WARRANTIES

  1. A Member acting as a Seller warrants and represents, by Listing your Product(s) for Sale on the HURR Platform, that:
  1. you will include in your Listings, or where appropriate your profile on the HURR 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 HURR is providing you with the HURR Offering, and that you are authorising HURR 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 HURR Offering that:
  1. are defective or damaged; or
  2. counterfeit.
  1. 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;
  2. the Products will be professionally cleaned and delivered to the Buyer 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;
  3. you will not engage in Fee Avoidance and you will not attempt to approach Buyers outside of the HURR Offering (including for the purpose of Fee Avoidance);
  4. 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
  5. you will provide all Buyers with complete and accurate delivery timescales and tracking information.
  1. 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 HURR 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.
  1. 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 HURR.
  3. In all other events of cancellation by a Seller, HURR reserves the right to charge the Seller 100% of the Service Fee applicable as if the Purchase completed.
  4. HURR reserves the right to publish a Review indicating that the Seller has cancelled a Buyer's Purchase. HURR may impose a Cancellation Charge as it deems appropriate in accordance with this explanation and reserves the right to "pause" wardrobes due to inactivity.

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