1.1 Garrard (“Garrard”, “we”, “us”, or “our”) welcomes you. We’re pleased that you have accessed our website located at www.somethingborrowedgarrard.com (the “Garrard Website”) and our online platform (the “Garrard Platform”), which is accessible through the Garrard Website.
1.2 We provide Visitors (as defined below) with access to the Garrard Website and Registrants (as defined below) with access to the Garrard Platform subject to these terms and conditions. By browsing the public areas of the Garrard Website, you acknowledge that you have read, understood and agree to be legally bound by these terms and conditions, including our Privacy Policy, which is available on the Garrard Website and is hereby incorporated by reference (collectively, the “Terms and Conditions”).
1.3 IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE GARRARD WEBSITE AND/OR THE GARRARD PLATFORM. AS PART OF THE REGISTRATION PROCESS YOU WILL NEED TO PASS A KYC PROCESS THAT ALLOWS US TO VERIFY YOUR IDENTITY AND ADDRESS.
1.4 We reserve the right to review and amend any of these Terms and Conditions from time to time with or without notice to you.
1.5 Capitalised terms shall have the meanings ascribed to them below or elsewhere in these Terms and Conditions.
“Customers” means Renters
“Inventory” or
“Inventory Items” means jewelry items listed or otherwise made available for sale or rent over the Garrard Platform.
“Registrant” means any person signing up as a registered account holder on the Garrard Platform;
“Renter” means any person renting Inventory Items over the Garrard Platform;
“Visitor” means any person accessing or making of the Garrard Website;
Description and Use
2.1 The Garrard Platform provides Customers with a variety of resources to facilitate renting of Inventory Items.
2.2 Garrard can upload information about designer Inventory Items available for rent and Customers can search for Inventory Items they wish to rent. Once a Customer has identified an Inventory Item he or she wishes to rent, the Customer can rent that Inventory Item through the Garrard Platform on completion of registration and in-person appointment.
2.3 Access to the Garrard Platform is offered to those who register on the Garrard Website (“Registrants”). Following registration, all Registrants will have a unique login ID and password which can be used to access the Garrard Platform. Registration is available to UK residents only.
2.4 We provide Visitors and Registrants with access to the Garrard Website and the Garrard Platform as described below.
2.4.1 Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Garrard Website. No login ID is required for Visitors. Visitors can:
(i) view all publicly available content on the Garrard Website; and
(ii) e-mail us via the Garrard Platform.
2.4.2 Registrants. Login details are required for all Registrants to access the Garrard Platform. Registrants can do all things that Visitors can do and are also be able to:
(i) search, as a Customer, the available Inventory Items;
(ii) message us about Inventory Items;
(iii) book the Something Borrowed Experience;
(iiii) and submit requests to rent Inventory Items.
2.5 Garrard is under no obligation to accept any individual as a Registrant and may accept or reject any registration in its sole and complete discretion. In addition, Garrard reserves the right to deactivate any account at any time, including, without limitation, if it determines that a Registrant has violated these Terms and Conditions.
Right to Use the Garrard Platform
2.6 Subject to these Terms and Conditions, Garrard grants you during the term of these Terms and Conditions a non-transferable, non-exclusive right, without the right to sublicense, to access and use the Garrard Platform for your personal use. You will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Garrard Platform; or (ii) introduce into the Garrard Platform any virus, worm, “back door,” Trojan Horse, or similarly harmful code. If you violate this section, Garrard reserves the right in its sole discretion to immediately deny you access to the Garrard Platform, or any portion of thereof, without notice. Garrard reserves the right to change the availability of any feature, function, or content relating to the Garrard Platform, at any time, without notice or liability to you.
Garrard Platform Rules
2.7 The Garrard Platform functions best when its Visitors and Registrants act in good faith and follow a few simple rules. By visiting the Garrard Website, and/or accessing and/or using the Garrard Platform, you hereby agree to comply with the following rules:
2.7.1 You will comply with all applicable laws in your use of the Garrard Website and/or the Garrard Platform and will not use the Garrard Website and/or the Garrard Platform for any unlawful purpose;
2.7.2 You will not access or use the Garrard Website and/or the Garrard Platform to collect any market research for a competing business;
2.7.3 You will not upload, post, e-mail, transmit or otherwise make available any content that:
(i) infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
(ii) is threatening, tortious, defamatory, libellous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
(iii) discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
2.7.4 You will not “stalk” or otherwise, in any way, harass any other person or group of people;
2.7.5 You will not use any robot, spider, scraper, or other automated means to access the Garrard Website and/or the Garrard Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Garrard Website and/or the Garrard Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials;
2.7.6 You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
2.7.7 You will not interfere with or attempt to interrupt the proper operation of the Garrard Website and/or the Garrard Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data mining, or any other means.
2.8 We reserve the right, in our sole and absolute discretion, to deny any person access to the Garrard Website and/or the Garrard Platform, or any portion of the Garrard Website and/or the Garrard Platform, without notice, and to remove any content that does not adhere to these guidelines. We also reserve the right, in our sole and absolute discretion, to change or remove information from your profile that does not adhere to these guidelines or is otherwise deemed to be offensive in our sole discretion.
Age Restrictions
2.9 Children under the age of 13 may not use the Garrard Platform and parents or legal guardians may not agree to these Terms and Conditions on their behalf. Children under 18 years of age but at least 13 years of age may be Visitors and may access the Garrard Website and Garrard Platform under the supervision of parents or legal guardians who agree to be bound by these Terms and Conditions on their behalf, but such children may not rent or purchase any Inventory Items. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Garrard Platform and the rental or purchase of any Inventory Items, including all legal liability he or she may incur.
Intellectual Property
2.10 The Garrard Website and the Garrard Platform contain materials, such as software, text, graphics, images (including any images/photographs that we take of your closet), sound recordings, audio-visual works, and other materials provided by or on behalf of Garrard (collectively referred to as the “Garrard Rental Content”). The Garrard Rental Content may be owned by us or by third parties. The Garrard Rental Content is protected under both United Kingdom and foreign laws. Unauthorised use of the Garrard Rental Content may violate copyright, trademark, and other laws. You have no rights in, or to, the Garrard Rental Content, and you will not use the Garrard Rental Content except as permitted under these Terms and Conditions. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Garrard Rental Content on any copy you make of the Garrard Rental Content. You may not sell, transfer, assign, license, sublicense or modify the Garrard Rental Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Garrard Rental Content in any way for any public or commercial purpose. The use or posting of the Garrard Rental Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
2.11 If you violate any part of these Terms and Conditions, your permission to access and/or use the Garrard Rental Content and the Garrard Website and the Garrard Platform automatically terminates, and you must immediately destroy any copies you have made of the Garrard Content.
2.12 The trademarks, service marks, and logos of Garrard (“Garrard Trademarks”) used and displayed on the Garrard Website and Garrard Platform are registered and unregistered trademarks or service marks of Garrard. Other company, product and service names located on the Garrard Website and the Garrard Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the Garrard Trademarks, the “Trademarks”). Nothing on the Garrard Website and the Garrard Platform should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Garrard Trademarks inures to our benefit.
2.13 Elements of the Garrard Website and the Platform are protected by trademark, unfair competition and other laws of England and Wales (and elsewhere) and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Garrard Content may be retransmitted without our express, written consent for each and every instance.
2.14 If you believe that your content has been copied on the Garrard Website and/or the Garrard Platform in a way that constitutes copyright infringement, distributed in violation of any such laws, please provide us with notice, including (i) a description of the copyrighted work that has been infringed and the specific location on the Garrard Website and/or the Garrard Platform where such work is located; (ii) a description of the location of the original or an authorised copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.
External Sites
2.16 The Garrard Website and the Garrard Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
Compliance with Applicable Laws
2.17 The Garrard Website and the Garrard Platform are based in the United Kingdom. We make no claims concerning whether the Garrard Content may be downloaded, viewed, or be appropriate for use outside of the United Kingdom. If you access the Garrard Website, the Garrard Platform or the Garrard Content from outside of the United Kingdom, you do so at your own risk. Whether inside or outside of the United Kingdom, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Copying and Reproducing Garrard Website
2.18 You are permitted to use the Garrard Website for your own purposes and to print and download material from this Garrard Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
2.19 The copyright and other intellectual property rights in all material on this Garrard Website are owned by us or our licensors and must not be reproduced without our prior consent.
2.20 Subject to paragraph 2.18, no part of the Garrard Website may be reproduced without our prior written permission.
Garrard Website Uptime
2.21 We take all reasonable steps to ensure that the Garrard Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. We will not be liable if this website is unavailable at any time.
2.22 The Garrard Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give Visitors and Registrants advance warning of maintenance issues but shall not be obliged to do so.
A GENERAL
Age Restrictions
3.1 Inventory may be rented or purchased for use by individuals under 18 years of age, but Garrard rent and sell only to adults aged 18 or older, who may rent or purchase Inventory Items with a payment card or other approved payment method. By agreeing to these Terms and Conditions, you represent that you are 18 years or older and that you are authorised to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Inventory Items as described in these Terms and Conditions.
Order Limits
3.2 You acknowledge and agree that we may place limits on the rental of Inventory Items, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Inventory Items for any reason in our sole discretion, including but not limited to availability and geographic concerns.
Deliveries and returns
3.3 All deliveries and returns will be through in-store collection, Garrard’s shipping partners or Garrard security only. We may change our shipping partners or other delivery options from time to time at our discretion. We will, through the Garrard Platform, through our shipping partners or otherwise, provide you with information about estimated delivery and arrival times of Inventory Items.
Making Payments via STRIPE
3.4 Customers will also be entitled to make payments for Inventory Items via STRIPE. For users of STRIPE, the STRIPE Connected Account Agreement, which includes the STRIPE Terms of Service (available here https://stripe.com/gb/legal) (together the “STRIPE Services Agreement”) is applicable to you and by accepting these Terms and Conditions you are agreeing to be bound by the STRIPE Services Agreement as well. By agreeing to make a payment via STRIPE, you represent and warrant to us that any details and information you provide to us are neither fraudulent nor inaccurate and you authorise us to share such details and information with STRIPE.
Non-Payment
3.5 If you do not pay the amounts you owe to us when due, then we may need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable legal fees.
Referrals and Vouchers
3.6 Garrard offers credits to existing users of the rental service. At the sole discretion of Garrard, users who have rented items can use the credit up to the value of the rental fee to purchase full price jewellery item from Garrard. These rental credits may be used only to purchase items from Garrard in the UK. There is no cash alternative and credits must be used within a 12 month period. Other restrictions may apply. We may cancel credits at any time, upon thirty (30) day notice to You. We may modify, update, or terminate this program without notice, and Garrard reserves the right to enact any rules and regulations with respect to the program, including earning and use limits, as well as invalidation or expiration of credits. You may apply credits subject to the terms in which we grant the credit. Credits may expire prior to your use, cancelled at any time, or the terms of use modified, at no liability to, and under the sole discretion of Garrard.
Form
3.7 You must be 18 years of age or older to have a Garrard Account
3.8 When submitting a form you may be required to provide us with current and accurate information about yourself (such as your full name, address, date of birth, phone number, email) (“User Information”). We may verify your User Information with a third-party vendor. We also may request you to send us additional documents or information to help us verify your identity. It is prohibited to use false information or impersonate another person through your Account. You are responsible for ensuring your form accurately reflects your current Correct Information.
A RENTAL
The following additional conditions apply to Renters for the rental of any Inventory Item.
Rental Fee and in person appointments (Something Borrowed Experience)
3.9 Prior to renting an Inventory Item you must book and attend an in-person appointment (Something Borrowed Experience) at Garrard showroom in London. Appointment fee will be redeemable against the rental fee, booked within three months of the appointment. Appointments last 45 minutes and are subject to availability. We reserve the right to change the appointment time. Appointment fee is not refundable if you do not arrive for the appointment or if you do not proceed to rent an Inventory Item. Appointment fee will only be refunded if we have to change the appointment time and alternative times are not suitable. Passport or driving licence must be brought to the in-person appointment.
3.10 The rental fee (“Rental Fee”) for a rented Inventory Item will be the total of the rental charges listed on the Garrard Website for your rental of the Inventory Item. When you place your rental order for an Inventory Item, you hereby authorise us (or our payment services provider) to charge your payment card for the Rental Fee. We will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of an Inventory Item on the Garrard Website is an order for the rental of that Inventory Item, regardless of how far in advance that Inventory Item is reserved. Rentals are only confirmed after your in-person appointment at the Garrard store. All rentals are subject to a 15% deposit of the Recommended Retail Price (RRP) with the exception of the vintage tiara that is subject to a fixed deposit of £12,000. The deposit is in addition to the Rental Fee. Deposit will be refunded on successful completion of quality control process and within seven working days.
3.11 In addition, you hereby authorise us (or our payment services provider) to, charge your payment card for an amount equal to 100% of the then-current market replacement value of the Inventory Item (when new) set forth on the Garrard Website or otherwise determined by Garrard in its sole discretion (the “Replacement Value”) You should not place a rental order for an Inventory Item unless you have sufficient funds in the account to which the payment card relates to cover the Replacement Value/deposit as well as the Rental Fee. We reserve the right (and you hereby authorise us to) charge your payment card for any amount up to the Replacement Value of the Inventory Item at any time where such amount is due and payable under these Terms and Conditions.
Rental period of inventory items
3.12 The rental period Inventory items is four days, except for tiaras. Tiaras are available for one-day rental only and for maximum 15 hours from 8am to 11pm. This includes the time used for delivery and return of the tiara to Garrard boutique in London. Rental period cannot start or end on Sunday.
Cancellation Policy
3.13 You may only cancel your rental order if you submit a cancellation request 14 days prior to the start of the rental period by email to enquiries@somethingborrowedgarrard.com. Your email must be clearly headed with the words “CANCELLATION OF RENTAL ORDER” in the subject line.
3.14 If you cancel within this time period, you will receive a full refund for the Rental Fee associated with the cancelled order minus the appointment fee. After this time period, you may no longer cancel your order and you will be charged the full amount of the Rental Fee and any other charges payable under these Terms and Conditions.
Delivery and Shipping Addresses
3.15 If you have opted to have your items delivered, we will dispatch your rented Inventory Items to your Secure Shipping Address (defined below) for next/same day delivery. Orders placed after 12 pm on a business day in the United Kingdom, or on a weekend or public holiday, will be processed on the following business day in the United Kingdom and will be despatched for delivery once processed. The date on which we expect to deliver a rented Inventory Item to your Secure Shipping Address will be set out in the online invoice for your rental order (the “Expected Delivery Date”). Delivery charges, with the exception of delivery of tiaras, are be payable by you.
3.16 Upon delivery, you bear responsibility for the Inventory Item.
3.17 You acknowledge that we can only accept a Secure Shipping Address. A “Secure Shipping Address” means a location where an individual can physically receive Inventory Item(s). If an un-secure shipping address is provided, Garrard does not bear liability for Inventory Items left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Garrard will not be liable. You will be liable for all such delays and additional delivery fees. We will not deliver Inventory Items (or any correspondence) to PO Box addresses in the United Kingdom.
3.18 Tiaras will always be delivered and returned by security organised by Garrard. The cost of this is included in the Rental Fee.
Use of the Inventory Items
3.19 The Inventory Items we send to you will be cleaned and delivered ready to wear. While we will clean and inspect each Inventory Item we send to you, use of the Inventory Item is at your own risk and Garrard shall not be held liable for any health-related complaints associated with any Inventory Items.
3.20 You agree to treat the Inventory Item with great care and to return it to Garrard in the same condition as it was in when you received it. You are responsible for loss, destruction or damage to the Inventory Item due to theft, mysterious disappearance, fire, or any other cause, other than normal wear and tear. Each item will undergo quality control within seven days once item being returned. If you return an Inventory Item that is damaged beyond normal wear and tear we will prepare a repair report detailing the damage caused to the item and the cost of repair You agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Inventory Item, as determined in our discretion, up to the Replacement Value for the Inventory Item (on top of any applicable Rental Fees). The cost of repair may be deducted from the deposit paid.
3.21 Renters shall not allow any other individual to wear or use rented Inventory Items in any way. In the event any damage is done to the Inventory Items or the Inventory Items are lost during the time of their rental by a Renter rents the Inventory Items, the Renter is responsible for paying the applicable damages which may include the full Replacement Value of the damaged or lost Inventory Items (on top of any applicable Rental Fees).
3.22 It is not permitted to take rented Inventory Items outside of the UK.
3.23 It is not permitted to wear Inventory Items in saunas, showers, swimming pools or hot tubs. Inventory Items should not be exposed to household bleach and chemicals, including perfume, hairspray, cosmetics and lotion, and extreme temperatures.
Return of Inventory Items
3.24 When you rent an Inventory Item, your rental period will commence on your Expected Delivery Date and will last for the period you have agreed with Garrard at the time of rental. The last day of this period is referred to as the “Return Date”. It is your responsibility to ensure your rented Inventory Items are returned to us by the Return Date. The Return Date for each rented Inventory Item will be set out in the online invoice for the rental order. If you opt to have items returned by a courier, the charges, with the exception of return of tiaras, are be payable by you.
3.25 With each Inventory Item, Garrard will provide you with return instructions as well as instructions for your use in returning the Inventory Item to Garrard (“Return Packaging”). Garrard packaging provided is not yours to keep. If the Garrard packaging is not returned you will be charged a £200 fee (details below under “Lost Return Packaging”).
3.26 We are not responsible for any personal or other items left in the Inventory Items or which are returned to Garrard in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact us as soon as possible at enquiries@somethingborrowedgarrard.com. Our staff may assist in attempting to locate such items at a customer’s request but are not obligated to and assume no liability for doing so.
Late Fees
3.27 If you return an Inventory Item late or not at all, a late fee of £200.00 will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to Garrard for every day that you are late returning the Inventory Item, and you agree to pay such late fees, up to an amount not to exceed 100% of the Replacement Value (plus any applicable Rental Fees). The daily late fee is payable for each order of Inventory Items of which one or more items is not returned when due, not for each Inventory Item. If you have not returned an Inventory Item within seven (7) days after the Return Date for the Inventory Item, your late return will be considered a non-return and Garrard will charge to your payment card the Replacement Value of the Inventory Item, less any late fees that you have already paid (but in addition to any Rental Fees).
Maximum Charges
3.28 Garrard will not charge you for more than an amount equal to 100% of the Replacement Value plus the Rental Fee, in the aggregate, for any charges arising under this Section. If you pay Garrard an amount equal to 100% of the Replacement Value, plus any applicable Rental Fees, and you still possess the Inventory Item, the Inventory Item is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section.
Lost Return Packaging
3.29 If you lose the Return Packaging, you need to get in touch as soon as possible to organise returning of the rented Inventory Item. If you lose or fail to return the Garrard packaging, you will be charged £200. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section.
Limited Warranties
3.30 The following are the limited warranties Garrard provides in connection with Inventory Item rentals. Garrard’s liability to you for failure to comply with any of these warranties is limited to timely delivery of an Inventory Item conforming to the warranties or a refund of the Rental Fee (excluding delivery charges) as determined by Garrard.
3.30.1 Clean and Ready to Wear. The Inventory Items will be cleaned and delivered ready to wear. While Garrard cleans and inspects each Inventory Item with the utmost care, any use of the Inventory Item is at your own risk and Garrard shall not be held liable for any health-related complaints associated with any Inventory Item.
3.30.2 Sizing Returns. Your rental order requires that you attend an in person fitting at Garrard, therefore returns will not be accepted due to sizing.
NONE OF GARRARD, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “GARRARD PARTIES”) ENDORSE OR RECOMMEND ANY INVENTORY ITEMS, CUSTOMERS.
NONE OF THE GARRARD PARTIES HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY GOOD(S) YOU RENT THROUGH THE PLATFORM OR ANY RESULTS CAUSED BY USING SUCH GOOD(S), INCLUDING WITHOUT LIMITATION, ANY DEATH, OR BODILY INJURY YOU MAY SUFFER.
THE GARRARD WEBSITE, THE GARRARD PLATFORM, AND THE GARRARD CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, SAVE AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW CLAIMS: (I) NONE OF THE GARRARD PARTIES SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE GARRARD WEBSITE, THE GARRARD, EVEN IF SUCH GARRARD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE GARRARD WEBSITE, THE GARRARD PLATFORM SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE GARRARD RENTAL PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE GARRARD WEBSITE AND THE GARRARD PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE GARRARD WEBSITE AND THE GARRARD PLATFORM. THE GARRARD WEBSITE AND THE GARRAD PLATFORM MAY CONTAIN INFORMATION ON TYPES OF INVENTORY ITEMS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO AN INVENTORY ITEM ON THE GARRARD PLATFORM DOES NOT IMPLY THAT SUCH INVENTORY ITEM IS OR WILL BE AVAILABLE WHEN YOU WOULD LIKE TO RENT IT IT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE GARRARD WEBSITE AND THE GARRARD RENTAL PLATFORM AT ANY TIME WITHOUT NOTICE.
5.1 We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and Conditions and your access to all or any part of the Garrard Website, the Garrard App and/or the Garrard Platform, at any time and for any reason without prior notice or liability. Notwithstanding the termination of these Terms and Conditions, the following provisions shall remain in full force and effect:
5.1.1 The Garrard – Intellectual Property;
5.1.2 Terms and Conditions Applicable to Customers – Rentals – Rental Fee; Cancellation Policy; Late Fees; Limited Warranties;
5.1.3 No Warranties/Limitation of Liability
5.1.4 Termination of these Terms and Conditions
5.1.5 Miscellaneous
5.2 We reserve the right to change, suspend, or discontinue all or any part of the Garrard Website and/or the Garrard Platform at any time without prior notice or liability.
Communications to Us
6.1 Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
Communications from Us
6.2 You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialling system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying "STOP" to a text message you receive from us or by emailing enquiries@somethingborrowedgarrard.com. You acknowledge that opting out of receiving communications may impact your use of the Garrard Platform.
7.1 These Terms and Conditions are governed by the laws of England and Wales.
7.2 Our failure to act on or enforce any provision of these Terms and Conditions shall not be construed as a waiver of that provision or any other provision in these Terms and Conditions. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms and Conditions will inure to the benefit of our successors, assigns, licencees, and sublicencees.
7.3 Company Registration Information. © 2024 Garrard. All rights reserved. Registered in 24 Albemarle Street, London W1S 4HT.
Copyright 2024 Garrard. All rights reserved.
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