feimso Terms and Conditions

1.       Application of Terms

1.1     Your access to any App, and the use of the Services, is subject to the following terms and conditions (“Terms”). 

1.2     Any reference to “Feimso”, “We”, “Us” or “Our” is a reference to Feimso Operations Limited or its Related Entity.

1.3     Any reference to “You” or “Your” are a reference to you as a User.

1.4     These Terms and Conditions are the terms on which Feimso offers you access to, and use of, the Services. 

1.5     By utilising the Services in any way, you are representing to Feimso that you have read, understood and accepted these Terms, and agree to be bound by them. If you do not accept these Terms, you must refrain from using the Services.

1.6     You agree that you will not access the Services other than through the App, the Website, or in any other manner that we may determine from time to time.

1.7     These Terms will prevail if there is any inconsistency with any other document.  

1.8     The Terms may be updated from time to time. You acknowledge that: 

(a)      the Terms that are listed in the Services at the time on which a Listing will apply to that Listing, and any Transaction derived from that Listing, unless the Terms have changed, at which point the new Terms will apply to the Listing and any Transaction derived from the Listing 30 working days after the new Terms are available on the Services; and

(b)      the Terms that are then listed in the Services will apply in relation to any other interaction you have with Us or the Services.

1.9     Unless where stated otherwise, the Terms dictate the relationship you have with us, and do not give you any actionable rights against any other party except as provided for under these Terms. However, on entering into a Transaction, a contract will be created between you and a third party, and the terms of that contract will be based on portions of the Terms.  

 

2.       Definition 

2.1     “Vendor” means any User who publishes a Listing on the Services to sell an Item. A Vendor may be both a private User as well as a Partner.

2.2     “ExpProvider” means any User who publishing a Listing on the Services to provide an Experience[AH2] .

2.3     “Renter” means any User who publishes a Listing on the Services to Rent an Item.

2.4     “Purchaser” means any user of the Services who purchases or Rents an Item or Experience.

2.5     “Guest” means any user of the Services who accesses the Services without an Account. 

2.6     “Partner” means a User who has entered into a specific agreement with Us to provide Products and/or Experiences to Users.

2.7     "User” means any party who makes use of any Services at any time. For the sake of clarity, a user can be a Guest, a Vendor, a Renter and a Purchaser, and any combination of them and different times. However, they cannot be a Purchaser and the Vendor/Renter on the same Transaction.

2.8     “Personal Account” means the account defined as such in clause 4.4 below.

2.9     “Business Account” means the account defined as such in clause 4.4 below.

2.10   “Item” means a physical object that is not a Prohibited Item.

2.11   “Prohibited Item” means an item defined in clause 16 or otherwise provided in the country of the Vendor or Renter.

2.12   “Prohibited Experience” means an experience defined in clause 17 or otherwise prohibited in the country of the ExpProvider.

2.13   “Listing” means a listed opportunity provided on the Services by a Vendor, ExpProvider or Renter. 

2.14   “Related Entity” means the company whom may operate the Services in the User’s region. The Related Entity will be providing the Services under licence with Us. The User agrees that the Related Entity will be able to enforce any requirement under these Terms as if it was a named party in these Terms. The User agrees that they will not need to be notified of whom that Related Entity is, or any change from the Services being provided by Us to the Related Entity.

2.15   “Vendor Service Fee” means the fee payable to Us by the Vendor on the sale of a Product, as is listed in the Services.

2.16   “Renter Service Fee” means the fee payable to Us by the Renter on the Rental of a Product, as is listed in the Services.

2.17   “ExpProvider Service Fee” means the fee payable to Us by the ExpProvider on the provision of an Experience, as is listed in the Services.

2.18   “Boosted Post” means a post where a fee has been paid to make the post more visible to other users. 

2.19   “Rating” means the score and review provided by the User after making use of Services provided by a Vendor, Renter or ExpProvider, as covered in more detail in clause 5 below.

2.20   “Force Majeure” means any act of God, fire, strike, pandemic, war, act of parliament or other event that We reasonably believe was outside of the control of the parties and which the party was unable to foresee or prepare for.

2.21   “Business Day” means a day which is not a Saturday, Sunday or Public Holiday in Auckland, New Zealand.

2.22   “Services" means any interaction you may have with any App or Website, and Transactions or other interactions that result from that.

2.23   “Website” means any website operated by Feimso.

2.24   “App” means any application provided by Feimso, on any platform, that allows someone to access to Services without using a Website.

2.25   “SMPost” means a public communication posted to the Services that does not directly relate to a Listing. For the sake of clarity, a communication made as a response to, or comment on, an SMPost is also an SMPost.

2.26   “FeimSize” means the size of clothing as determined by the procedure We provide, if any.

2.27   “Cleaned” means any laundering or dry cleaning of an Item that needs to occur after being returned from a User.

2.28   “Payment Date” means the date that is 3-5 days of the Vendor/Renter/ExpProvider providing there service. For a Renter this is the Rental date. For a Vendor this is the date that the payment is received from the User. For an ExpProvider, this is the date on which the Experience occurs or, if it occurs on multiple dates, this is the date on which the Experience is first provided to the User.

2.29   “Lookbook” means a collection of images that a User puts together detailing certain outfits they have worn.

2.30   “Transaction” means the procurement by one User from another User of an Item, whether by sale or Rent, or an Experience in exchange for payment. A Transaction is entered into when one User accepts a Listing provided by another User and provides payment through the Service.

 

3.       Background

3.1     We provide a way for Users to connect over both their love for fashion, but also their desire to do it better, both for the world and humanity.

3.2     For this reason, we provide a platform for people to enjoy fashion in a more sustainable way. While fashion is always changing, it should never be fast and disposable.

3.3     Handled in a better way, we see the Feimso approach as being about Accessible Fashion, that people should be able to be able to look how they want without needing to worry about a high cost, or a rarely used item going unused.

3.4     We also hope that it provides people with access to a wider variety of options. With Feimso, the World is your Wardrobe..

 

4.       General Account Terms

4.1     Anyone may view Listings on the Website or App. To make use of any further Services you will be required to create an Account (“Account”). 

4.2     You must be at least 18 years of age to create an Account, unless it is a Partner Account in which the Account may be opened by a business.

4.3     An Account can be created in three ways:

(a)      By creating an Account on a Website by entering the required information and verifying the Account in a method as we may require; or

(b)      By creating an Account through an App by entering the required information and verifying the Account in a method as we may require; or

(c)      Through the use of a third-party social networking site (“SNS”). The use of an SNS will create an Account on our Website with the information which the SNS provides, with your permission, to us. We may require additional details and you may be required to enter these on either the creation of your Account or at some later date. By using an SNS to create an Account, you authorise us to receive, hold and make use of the information which the SNS provides to us (“SNS Information”). We reserve the right to use the SNS Information within our Website, and the right to post (with your consent) details of our services to the SNS on your behalf. You agree that you will not hold us at all accountable if, for any reason, the SNS is no longer able to be used to access the Website. You will still be bound by any agreement you may have with the SNS. We may still ask you to verify your Account in a method as we may require. 

4.4     Accounts may either be personal or business based.

(a)      A Personal Account is for people who will not be using the Services as part of a business. 

(b)      If you are a business, or you are using the Services to operate part or all of the business, then you will require a Business Account.

(c)      If you are unsure, then we recommend you look at your purpose. If you bought items with the intention of making a profit off them, through rental or sale, then you are likely operating as a business. If you are offering Experiences, then you are likely operating as a business. Are you regularly renting or selling Items, then you are likely operating a business.

(d)      It is your responsibility to ensure that you are following your local tax obligations, both in declaring any income, as well as any form of sales tax. If you are unsure, we recommend you contact a lawyer or accountant in your jurisdiction to confirm if you have any tax obligations.

(e)      You agree and understand that, by using the Services, you are creating income figures that we may be legally obliged to provide to a government agency.

4.5     You agree that all information provided on your Account, either directly by you or via the SNS, will be correct and accurate. If you do not use your legal name [AH3] on the SNS then you must create an Account manually without using the SNS.

4.6     You will be asked to select a username by which you will be identified on the Services. This can be your personal name or some other name that you want to be identified by. However, you must not:

(a)      Use any tradename unless you own or have a licence to use the tradename;

(b)      Breach any trademark in the use of your name;

(c)      Include the word Feimso, or any word that may suggest a relationship or connection with Feimso, without our written consent;

(d)      Use any name which may be considered offensive. This includes, but is not limited to, any name which is derogatory to any person or group of people. You agree that Feimso will have sole discretion as to whether a username may be considered or not. You agree that you will have no action against Feimso if Feimso has a different view to you on whether a name is offensive or not; and

(e)      Use any name with the intention of pretending to be another person, or which may mislead others in to believing that you are that person.

4.7     You may terminate your account at any time on the following conditions:

(a)      You have no outstanding amounts payable to Us;

(b)      You have no open Listings;

(c)      All Listings in which you are involved have been completed; and

(d)      You are not currently part of a dispute with Us or another User of the Services.

4.8     You acknowledge that, on termination of your Account, any public interaction that you had with the Services will still be visible on the Services. We may, at our sole discretion, anonymise  and/or remove from public view any such interaction.

4.9     We reserve the right to suspend or terminate your Account at our sole discretion.

4.10   You acknowledge that you will not disclose your password to any other person, except for a Partner account where disclosure is required for your operations of that account. 

4.11   You agree that will take all reasonable steps to secure your Account. You agree that we have no obligation to inquire into the authority of any person using your Account, and that it is your responsibility to ensure the security of your own account login and password.

4.12   You agree to use your best endeavours to refrain from misleading, insulting, defaming, or threatening other Users of the Services, or any other action which may cause another User distress or offence.

4.13   You agree that we may, if required by any legal authority, provide any information we store related to your use of the Services to the relevant authority, without needing to seek your consent, and without needing to justify Our compliance.

4.14   You agree that you will not include, in any interaction with the Services, or apply or utilise in any other way, anything that contains malicious code, data or set of instructions that, whether intentionally or unintentionally, causes harm or undermines intended functions of any of the Services. This includes, but is not limited to, trojans, viruses, worms, time bombs, denial of service attack or another other computer program that may damage, interrupt, interfere, access without authority, delete, subvert or delete our Services or any information We store, maintain and transfer.

4.15   You acknowledge that a legally binding agreement will be established between two Users when a User purchase an Item, purchases an Experience, or Rents an Item. You agree that We are not a party to that agreement.

4.16   We reserve the right to withdraw any Listing, and any obligations that may have arisen due to that Listing, at any time without warning or notification and without providing a reason or compensation. 

4.17   You agree that We have no obligation to inquire into the authority of any person using your Account, and that it is your responsibility to ensure the security of your own Account.

4.18   You agree that We have no obligation to inquire into the authenticity or use of any other Account using our Services.

4.19   We reserve the right to restrict you from the use of any function of the Services at our sole discretion and without requiring to provide a reason.

4.20   A Transaction may be cancelled at any time on the mutual agreement of both parties to that Transaction. Please refer to clause 14 for the other cancellation terms.

4.21   You acknowledge that by posting any photo or video to the Services, you have the full rights to upload and use that photo or video.

4.22   You acknowledge that We have the right to use any intellectual property included in, and created by, any interaction you have with the Services, with the exception of any intellectual property that is owned by a third party. You agree to indemnify us for any and all costs and expenses that we may experience as a result of any breach of intellectual property in any of your interactions with the Website.

 

5.       Ratings and Reviews

5.1     At the completion of a sale or rental of an Item, or the provision of an Experience, the Users are encouraged to leave the other party an honest Rating, being a score as well as a written review. This will allow other Users to decide which Services to use. It will also allow Us to monitor for Users who may not be suited to using the service, and assist us in preventing possible harm to Users. However, Users agree that We are not liable in any way to any harm they experience due to the actions or inaction of another User.

5.2     Any Rating You leave must be honest, and related solely to the Item or Experience.

5.3     We reserve the right to remove any Rating, without needing to give a reason. This can be for any reason we believe, is our sole discretion, is justified but includes any Ratings with a review that is bullying, malicious or unjustified.

5.4     Any encouragement for people to leave low Ratings for a User, in an attempt to be detrimental to that person, will not be tolerated. We reserve the right to remove any User found to be encouraging others to deliberately lower another User’s Rating.

5.5     We reserve the right to terminate your Account if we believe, in our sole opinion, that your Ratings are too low and/or you are not utilising the Services in a way that we believe, in our sole discretion, will maximise the benefit to other Users.

 

6.       Fees and Subscriptions

6.1     The fees and subscription costs will be based on your usage of the Services.

6.2     Up to date subscription costs, and the benefits that each subscription provides, are available on the App.

6.3     As noted in cl 7 below, Feimso Prima account holders will never be charged a Subscription Fee.

6.4     Personal accounts will remain free. However, we do reserve the right to provide additional optional features to personal users at an additional fee.

6.5     Business accounts, apart from Feimso Prima, will be charged a Subscription Fee of NZD$39 per month.

6.6     The Vendor Service Fee is 5% of any sale price charged.

6.7     The Renter Service Fee is 5% of any rental price charged.

6.8     The ExpProvider Service Fee is 10% of any price charged for an Experience.

6.9     Boosted Posts will be charged at NZD$1 per day. More details on Boosted Posts is available on the App. Boosted Posts can be directed to certain regions and/or user types, where a more defined selection will make it more likely to be seen by the desired target market.

6.10   We reserve the right to change the Fees on 90 days’ notice.

 

7.       Membership Bonuses

7.1     We want you to enjoy using Feimso, even if it is just to look through Lookbooks, or to like and share the looks from your favourite fashion icons.

7.2     We also wanted ways to recognise those that help make Feimso what it is. To do this we will be having special awards and recognitions for Users. These will change over time, and people may be entitled to more than one award[AH4] .

7.3     To start with we have our Feimso Prima[AH5] . These are the first 10,000 Feimso account holders, and they will always be Feimso Prima. With holding Prima status they are entitled to free membership for life, as well as the right to show their Prima status on their profile.

7.4     In the future we will introduce other Status[AH6]  for people to collect. Some might be permanent, such as the first User to reach a certain number of followers, while others might change over time, such as the User with the highest rated Lookbook. We may even have awards, the Users, looks and Lookbooks that we though stood out that season.

7.5     Some Status may come with an benefit, as Prima does. Others will just be for the prestige.

7.6     Feimso are also looking at bringing in a points system, so that you can be rewarded for getting involved on the App. More details on this will be provided over time.

 

8.       Feimso Insurance

8.1     Feimso is able to provide insurance on the Items you are renting out to other users. This is to cover items lost during transit as well as any damage caused during a rental.

8.2     For Personal account holders

(a)      For a basic plan, the cost is NZD$5 per month. The agreed insurance value for an item will be 5 times the listing value of the item, with a cap of $200 per item.

(b)      For a premium plan, the cost is NZD$25 per month. The agreed insurance value for an item will be 5 times the listing value of the item, with a cap of $1000 per item.

8.3     For Business account holders.

(a)      For a basic plan, the cost is the greater of NZD$5 per month or 5% of your monthly rental charged. The agreed insurance value for an item will be 5 times the listing value of the item, with a cap of $200 per item.

(b)      For a premium plan, the cost is the greater of NZD$25 per month or 8% of your monthly rental charged. The agreed insurance value for an item will be 5 times the listing value of the item, with a cap of $1000 per item.

8.4     Any insurance on items with a value over NZD$1,000 should be arranged by the renter themselves. If there is a demand for this, we may look at offering higher value insurance in the future.

8.5     You agree that you will not register for Feimso Insurance should you have ever been denied a claim by an insurer previously, ever been convicted of any crime relates to honesty, or have ever been denied insurance cover at any point.

8.6     We reserve the right to decline any claim under this insurance if:

(a)      We believe that the item was already damaged prior to the most recent rental;

(b)      Insufficient evidence is provided as to the condition of the Item prior to the rental;

(c)      Insufficient evidence is provided as to the transport of the Item to the renter; or

(d)      We believe that the account holder has not been honest in any way regarding their claim.

8.7     You agree that Feimso Insurance is not there to replace an item that has become damaged through general wear and tear. Items do, over time, wear out, and you will not claim on Feimso Insurance for items that are sufficiently worn out..

 

9.       Posts to the Services

9.1     A post to the Services must be either a SMPost or a Listing.

9.2     Any Account holder may post an SMPost.

9.3     Any Account holder may post a Listing. Every Listing must:

(a)      Be for a Product that can be purchased and/or rented, or be for an Experience that the User can provide;

(b)      Provide details about the Item or Experience, as more detailed in clauses 16 and 17 below;

(c)      Not be for a Prohibited Item or Prohibited Experience;

(d)      Be genuine and able to be provided within the Terms and within the laws applicable in the country in which it is to be provided to the reasonable knowledge of the Vendor/Renter/ExpProvider;

(e)      Not use any images or language that may cause offence to any reasonable person, or which seeks to deliberately cause harm or offence to any person; and

(f)       Provide a genuine description of the Item or Experience.

9.4     You agree that we may remove any SMPost without giving a reason, and without providing any compensation.

9.5     We will not condone any post that we believe is offensive, defamatory, retaliatory, inappropriate, or discriminatory in any way. We reserve all rights to remove all Listing, SMPosts that we believe, in our sole discretion, breaches this requirement. Similarly, we reserve the rights to terminate any account that breaches this requirement.

9.6     You acknowledge that you are personally liable for any Listing posted under your Account on the Website, whether you listed it for yourself or on behalf of a third party. If a Listing is being posted on behalf of a third party, such as a company, then you agree to make reference to this in the Listing description, and you will remain personally liable for the third party’s obligations under these Terms. 

9.7     You acknowledge that you are responsible for complying with any legislation that may apply in your country. You acknowledge We are not required to make you aware of what may or may not be permitted in your country, and our provision of any Service is not an indication of the legality of the sale, rental or provision of any Item or Experience.

9.8     For the sake of clarity, an Item may be listed for rental and sale at the same time, and in either the same or separate Listings. In such circumstances, any particular requirements for Listings of that type will apply. If the Listing allows both rental and purchase then the specific listing requirements for both sale and rentals will both apply to that Listing.

9.9     A Listing for an Item for Rent must include:

(a)      Clear pictures taken from at least two angles using the guidance We provide on taking such photographs;

(b)      Details of sizing, if applicable, using the FeimSize if available. Other sizing methods may also be provided at the discretion of the User;

(c)      Details as to the material used in the manufacture of the Item;

(d)      Be listed in a category that the Renter believes best relates to the Item;

(e)      Any specific requirements that relate to the use of the Item;

(f)       The cost to Rent the item, dependent on the length and period of the Rental;

(g)      Whether the Item can be collected from the Renter;

(h)      The location of the Renter;

(i)        The cost to courier the Item to the User;

(j)        Provide an indication of whether it is available now or, if not currently available, when it is available. In doing so, the Renter must allow for reasonable time for the Item to be returned from any previous Rental and, if required, Cleaned before it is provided to the next User;

(k)      Details of any damage or wear on the item. This will both provide Users with a better experience, so they know what they are Renting, it will also assist with Ratings provided, so that Users don’t expect brand new when the Item isn’t. It will also allow Renters to gain revenue from older Items for longer;

(l)        If the Item has a restriction on where the Item can be rented to. For the sake of clarity, this is to provide the Renter with the option to consider the cost and carbon impact of sending an Item part a certain distance. It is not permitted to be used to prevent people from specific areas from Renting Items; and

(m)     Whether the Item may be purchased during the Rental and, if so, the cost to do so.

9.10   The Cleaning of any Item that is listed for Rental is the responsibility of the Renter. However, Users are asked to not return Items in a condition that is beyond what a reasonable person would generally expect for an item of that type. For example, some dirt on the sole of a pair of boots would not be unusual for that item. However, some dirt on a wedding dress would be unusual.

9.11   A Listing for an Item for sale by a Vendor must include:

(a)      Clear pictures taken from at least two angles using the guidance We provide on taking such photographs;

(b)      Details of sizing, if applicable, using the FeimSize if available. Other sizing methods may also be provided at the discretion of the User;

(c)      Be listed in a category that the Vendor believes best relates to the Item;

(d)      Details as to the material used in the manufacture of the Item;

(e)      Any specific requirements that relate to the use of the Item;

(f)       The cost to purchase the item;

(g)      Whether the Item can be collected from the Renter;

(h)      Details of any damage or wear on the item. This will provide Users with a better experience, so they know what they are purchasing. It will also assist with Ratings provided, so that Users don’t expect brand new when the Item isn’t. It will also allow Renters to gain revenue from older Items for longer;

(i)        The cost to courier the Item to the User; and

(j)        Whether the Item may be purchased during the Rental and, if so, the cost to do so.

9.12   A Listing for an Experience must include:

(a)      At least one clear picture that gives an indication of what people may experience from undertaking the Experience. It does not necessarily need to be of the Experience itself, but is there to assist in the description of the Experience;

(b)      Be listed in a category that the ExpProvider believes best relates to the Experience;

(c)      A description of the Experience;

(d)      The location of the Experience if it is to be provided in person;

(e)      How long the Experience is expected to take. Dependent on the Experience this may be over a set time period on one day, or could be to be agreed between the parties over multiple days;

(f)       How the Experience is to be charged. This will either by a fixed rate for a fixed period, or it could be an hourly or daily rate with a set minimum time period. This will also include any additional costs that may be included, such as travel costs;

(g)      Any secondary costs payable to third parties which are required for the Experience to proceed, for example the cost of public transport on a photography tour, need to be included in the Experience price unless people are unlikely to already have them, for example people in a city may likely already have public transport passes;

(h)      Details of when the Experience is available;

(i)        Details of any restrictions that may apply that could prevent someone from being unable to participate in an Experience, such as mobility requirements. These must be reasonable in their application, and cannot be used to discriminate against any person; and

(j)        Details on what the User may need to provide or obtain to make use of the Experience. For example, a fashion photography tutorial may require the User to have a sufficient camera.

9.13   With the exception noted in clause 10, a Lookbook can be set as public or private. A private Lookbook will only be viewable by people authorised by the account holder.

9.14   We reserve the right to change the categories on the Services in any way including, but limited to, renaming, removing, adding, or rearranging them. We reserve the right to move any Item or Experience to a different category if we believe it would be better suited in a difference category, or we modify the categories to make such a change necessary. You agree that we are not liable for any loss of business you may believe you experience due to any category change we may make, and that we are not required to confirm any such change to you in advance.

 

10.     Other Service Features

10.1   With the exception noted in clause 10, a Lookbook can be set as public or private. A private Lookbook will only be viewable by people authorised by the account holder.

10.2   You may Follow another User. In doing so, their posts are more likely to be shown within the Services when you are using it. However, if you Follow a user you are not guaranteed to see every post they make. This will likely depend on how often you use the Services, and how many people you Follow.

10.3   Users will be able to see how many people Follow them. We may, at our sole discretion, make this number publicly visible. We may, at our sole discretion, allow users to see who is Following them.

10.4   To assist Users with the Services, there is a help centre, providing answers to the most frequently asked questions. It also includes hints and tips on how you can get the most of the Services, as well as ways to protect yourself online.

 

11.     Protections and Age Requirements

11.1   Each Personal account holder is required to provide their date of birth.

11.2   Lookbooks for those aged under 16 years of age will be set as private.

11.3   You may block any user from interacting with your account in any way. This will prevent them from seeing or interacting with your SMPosts, your Listings, and your Lookbook.

11.4   If you believe that a user’s actions may make them a threat to other Users on the Services, we ask that you report the User to us. We want to create a safe space for our Users, and you can help us by letting us know about people who may be a threat to others.

 

12.     Browsing Listings and Utilising the Services

12.1   You acknowledge that you do not hold us liable for the legality of any Listing posted.

12.2   You acknowledge that it is your responsibility to comply with any legislation that is in place in your country. This includes, but is not limited to, any legislation that may restrict or prevent the sale or rental of any Item or the provision of any Experience. 

12.3   While We may disagree with discriminatory legislation that may exist in some countries, We are legally required to enforce such laws if we operate in those countries. However, We will do so in as inclusive manner as we can, with an eye as to being part of the change. 

12.4   If you believe that any Listing may breach any requirement of these Terms, you may report the Listing to Us. While We will use our reasonable endeavours to act properly on any such report, you agree that you will not hold Us liable for any Listing that remains active after it was reported to us.

12.5   You acknowledge that you are willing to be held liable for any Item rented or purchased, or any Experience booked, using your Account.

12.6   You may register a credit card on your account to use for paying any costs incurred. You acknowledge that you will remain liable for any costs and fees if We experience, for any reason, a payment that has been reversed.

12.7   You acknowledge that, with the exception of the username and date the Listing was posted to the Website, all information in a Listing on our Website is provided by a User and not by Us. You agree to not hold us liable for any such information, even if you find the information to be misleading, erroneous or offensive. 

12.8   You agree that you are to pay Us for any Item you rent or purchase through the Services, and any Experience you book through the Services. We will then make payment to the Vendor/Renter/ExpProvider as per the Terms agreed between ourselves and that User.

12.9   You acknowledge that you are not to pay any amount to any other User directly at any time. Any attempt to make payment, or any suggestion or offer to make or take payment, outside of the Services is a breach of the Terms.

12.10 You agree that all payments made through the Services are non-refundable unless agreed to by us at our sole discretion or as allowed under clause 14

12.11 You agree that we may cancel any purchase/rental/Experience at our sole discretion and we are not required to provide a reason or provide compensation.

12.12 All communication related to an Item or Experience must be done directly between the parties visa email or such other method as they may select. We will, in the future, provide a method to direct message people within the Services, at which point we would suggest that this would be the preferred method for communication.

 

13.     Timings, Dates and Deliveries

13.1   For Experiences, all times and dates are in the local time of the ExpProvider. This should be detailed on the Listing.

13.2   For Item Rentals:

(a)      If an Item is collected, than the Rental begins from the date the Item is due to be collected. The parties may agree to allow to the User to collect it from the Renter on another date;

(b)      If it is to be sent to the User to the Renter by courier; the date that a Rental begins is the date on which the Renter provides the Item to the courier. That should occur either before midday on the date of the Rental, or on any day preceding that date. For the sake of clarity, providing the Item to the courier after midday on the date of Rental will be considered a breach of this requirement;

(c)      For couriered items being sent by the Renter, it is expected that the courier used by the Renter will deliver the Item to the User on the following day if in the same region, or within two days if within the same country. Where a User lives rurally, or in an area of the country that is not located reasonably close to the country’s main landmass, the time to courier will be impacted. For couriered items going to another country, there is no expected delivery time unless one is agreed between the parties;

(d)      If the courier utilised by the Renter is unable to provide the services listed in 13.2(c), the Renter will need to engage another courier service;

(e)      It is the responsibility of the User who is Renting the Item to ensure that they will receive the Item in time if it is needed by a certain date;

(f)       We may, from time to time, arrange for preferential rates for Users from courier companies. While you will not be required to utilise these companies, We will expect that the Company you engage will meet the requirements of clause 13.2(c), otherwise these Terms will be breached;

(g)      The Renter must take into consideration any information that they ought to reasonably have been aware around delays in the courier network they use, and adjust accordingly; 

(h)      The Renter will, when able, provide to the User a tracking code so that the Item can be tracked;

(i)        The Rental ends when the Item is made available to the Renter by the User’s courier company, or their agent. It is the Users responsibility to courier the Item back to the Renter in time to be received by the Renter. For the sake of clarity, the Rental ends when the courier company have attempted to deliver it to the Renter, or have made the Renter aware that it is available to be collected, not when the Renter has actually received the Item; and

(j)        For couriered items being sent back to the Renter, it is expected that the courier used by the user will deliver the Item to the Renter on the following day if in the same region, or within two days if within the same country. Where a User lives rurally, or in an area of the country that is not located reasonably close to the landmass on which the Renter lives, the time to courier will be impacted. For couriered items going to another country, there is no delivery time allowance unless one is agreed between the parties.

(k)      As Item Rentals can be booked in advance, it is the Users responsibility to ensure that an Item is rented for a sufficient period to return the item to the Renter. If an Item is not returned on time, so that another User’s Rental must be refunded, the User who has the Item will be due to pay that Rental fee to the Renter. You agree that this is fair and reasonable so that the Renter does not lose income due to your mistake.

13.3   For Item sales:

(a)      The Vendor will, when able, provide to the User a tracking code so that the Item can be tracked.

13.4   Any item being delivered to a User must be packaged in a way that, with thought to the nature of the Item and the distance to be travelled, it can be reasonable expected to arrive undamaged.

13.5   Despite as elsewhere stated in these Terms, the liability remains with the person who sent the Item if it can be shown that the Item was not sufficiently packaged so as to expect it not to be damaged while in transit. On that basis, We provide the following suggestions as to packaging items.

(a)      Ensure items are packaged to withstand handling and transportation.

(b)      Ensure to account for the fact that items could potentially be dropped.

(c)      Pay attention to cushioning of corners and consider whether the item would be best protected by the use of an inside and outside container. If an Item was provided to You in a container then the packaging could be reused if possible.

(d)      Always take extra precautions for fragile, perishable and valuable items

 

14.     Cancellations and Complaints

14.1   You acknowledge and agree that sometimes things to do not go as planned. You agree that you will not hold Us liable in any way if any Transaction through the Services does not proceed, or does not proceed as expected.

14.2   The liability on any Item sits with the Vendor/Renter until it is delivered by the courier to the User, or it is collected by the User who has purchased or Rented the Item. The liability then moves to that User. For a Rented Item, that liability remains with the User until it is received by the Renter, as long as the Renter uses their reasonable endeavours to be available to receive or collect the Item.

14.3   Unless stated otherwise on a Listing, or unless otherwise agreed between the parties, or as otherwise covered in this subclause, cancellations by the User of a Rental will be charged at 50% cost if cancelled less than one week before the Item was to be provided. Cancellation that is received within 48 hours of the Rental occurring will be charged at full rate, but any unused courier costs will be refunded to the User.

14.4   Any cancellation by the Renter will result in a full refund of all amounts paid by the User. Unless we otherwise agree, if that cancellation occurs within seven days of the Rental date, the Renter will still be required to pay 50% of our Renter Fee for the rental. If the cancellation occurs on the day of the Rental, or on the two days preceding it, 100% of our Renter Fee will be payable. The Renter agrees that this fee is payable to cover the damage to Our goodwill caused by their cancellation.

14.5   Cancellations of a Transaction may only be received by a party to that Transaction.

14.6   Complaints related to Transaction for the sale or Rental of an Item can be raised by either party to that Transaction.

14.7   Complaints related to the Transaction for an Experience can be raised by either party to the Transaction, or by any other User who may have booked for the same Experience as part of an Experience provided to more than one User at a time.

14.8   Opinions on quality are largely subjective. Therefore, We will not handle any complaints about the quality of an Item or an Experience unless it shows a clear misrepresentation to what was provided for in the Listing. We allow Users to indicate their satisfaction with a Transaction through the use of Ratings.

14.9   If we believe, in our sole discretion, that an Item or Experience has been misrepresented, we reserve the right to refund the User a portion of the amount paid, including any courier costs. If we do not believe that this is sufficient to cover the damage and inconvenience caused, then we may ask for you to pay, and you agree to pay, an additional 50% of the amount the User paid to as a quantified amount to cover any damage or loss the User may have experienced due to that misrepresentation. You agree that the User may make use of these Terms in seeking that compensation from you directly.

14.10 We reserve the right to terminate an Account, and refund any Transactions, if we believe that a User has been misleading other User in the information in their Listing, whether such misrepresentation was intentional or not. For the sake of clarity, You agree that we can do this without needing to justify our actions, or needing to show that information is misleading or intentionally misleading.

14.11 We reserve the right to terminate any Account at any time without giving a reason.

 

15.     Payments

15.1   Payments for Items and Experiences are to be made through the Services immediately upon a Transaction starting.

15.2   We will use our reasonable endeavours to pass payments on to the Vendor/Renter/ExpProvider, less the Fees, within 3-5 Business Days of the Payment Date.

15.3   Any Fees payable are listed in the Services and are subject to change without notice. The Fee to be paid will be the Fee that was shown with the Listing was made or, should the Fees change, the new Fee when 30 Business Days have passed since the Services were updated to show the new Fee.

15.4   Any Fee will be deducted from any payment received. If, for any reason, the User has received a refund, and the Fee remains payable, the Renter/Vendor/ExpProvider will be required to make payment of the Fee within 10 Business Days.

15.5   All fees are inclusive of any sales tax that may apply unless stated otherwise.

15.6   Any payment for a Transaction does not cover any import duty that may be payable in a Users country. This is the sole responsibility of the User receiving the Item. 

15.7   The Services will create an invoice for each Item Rental or Sale as well as each Experience. This is available through the Account section for the User.

 

16.     Prohibited Items

16.1   While not a complete list, the following items may not be Listed on the Services, and therefore may not be sold or Rented through the Services:

(a)       Any item that is not, in any way, related to fashion. For the sake of clarity, equipment related to fashion, such as sewing machines, are permitted to appear on Feimso;

(b)      Any item that includes ivory, no matter the source or age;

(c)      Any items that includes genuine tortoiseshell, no matter the source or age;

(d)      Underwear unless being sold as a brand new item;

(e)      Any liquid or powder that is flammable or combustible.

(f)       Any item that could cause offence, either in the form that it holds, or any logo, text or image that appears on it. For the sake of clarity, this is offence caused by symbols and ideologies of hate. It does not include claimed offence to people who have difficulty with accepting someone’s sexual orientation or gender identity.

(g)      Any item that includes any logos that are associated with any gang;

(h)      Genuine uniforms for any emergency or armed service;

(i)        Any item that is being sold unwashed on the basis that it has been worn by a certain person, whether the Vendor or otherwise;

(j)        Any Item that contains fur from an animal that is not a pest[AH7] , or is not known to be farmed for that purpose;

(k)      Any Item that contains any part of an engaged species;

(l)        Any Item that is a fake reproduction of an item protected by intellectual property. For example, a fake version of a handbag sold by a luxury brand is not permitted. However, a reproduction of an historical piece where no intellectual property can still be claimed, such as a reproduction of a dress worn by Marie Antoinette in the 1775 painting by Jean-Baptiste Gautier-Dagoty, is permitted. As a simple guide, if the company who made the item still exists, you most likely can’t list a reproduction of anything they made;

16.2   This list will be updated from time to time. Any Listing that falls under any update to this list may be removed instantly. If this results in a cancellation of a Transaction then we will refund the funds paid without charging any Fees.

 

17.     Prohibited Experiences

17.1   While not a complete list, the following Experiences may not be Listed on the Services, and therefore may not be provided through the Services:

(a)      Any Experience that has no connection of any kind with fashion or the industries or activities around fashion. As an example, an Experience based around a photography tour of a city can be included as photography is an element of the fashion industry;

(b)      Any Experience that would put the life or safety of the Users in unreasonable danger;

(c)      Any Experience that involves any activity or item that is illegal in the country in which the Experience is taking place;

(d)      Any Experience that has an intent to offend any particular group of society;

(e)      Any Experience that may reasonably impact the public’s view of Feimso;

(f)       Any Experience that the ExpProvider is required to hold a licence or permit to provide, and does not hold that licence or permit;

(g)      ….[AH8] 

 

18.     Dispute Process

18.1   The first response to any issue arising should be in contacting the other party, and seeing if any claimed issue can be resolved. This will likely resolve many issues.

18.2   If you are not satisfied with an item, the Ratings system will allow you to rate the User and leave a review.

18.3   If you believe that the issue is more significant, you may raise the dispute to us to review. This is particularly where you believe there is a clear misrepresentation as to the Item, whether in the quality of the item or whether it is genuine. We ask that you provide as many photos as possible to justify your issue. We reserve the right, if we believe the issue is not substantial enough for our involvement, to refer you back to the Ratings system.

18.4   If there is an issue based on a User’s behaviour, then we ask that you notify us immediately. The protection of our Users, and our wish to provide them with a safe space, is one of the fundamental goals of Feimso. Again, we ask you to provide evidence, if possible, of the behaviour. However, even if you don’t have evidence, we may be able to take action if we see repeated complaints regarding the same user.

 

19.     Privacy Information

19.1   You agree that any information you provide to us may be used by us at any time for any purposes connected with our business including, but not limited to, direct marketing. Any personal information is held at ##address of storage## and you have certain right of access to your personal information under the privacy legislation that may be applicable in your country.

19.2   Any information provided by you will not be disclosed to any third party unless we are legally required to do.

19.3   You acknowledge that, as We operate is several different countries, your private information may be transferred to a country that does not have privacy legislation and rights that are comparable to those in your home country. By using our Services you agree that we may transfer your private information where we require to do so to operate our business.

19.4   We agree that we will provide you with a copy of your personal information, as required by any legislation that may apply, and will correct any errors in that information.

 

20.     No Warranty

20.1   All statutory, express or implied warranties by us are expressly excluded (to the extent permitted by law).

20.2   You agree that We do not warrant that 

(a)      the Services provided will be uninterrupted, timely, secure, or error free, or 

(b)      that any information (including feedback) provided on the Website and Applications is error-free or reliable.

20.3   Responsibility for the content appearing on the App or Website rests solely with the Users who provided the Listing or SMPost. The allowance for such Listings or SMPosts does not constitute Our recommendation or endorsement of the Listing, its suitability, or the quality of what it provides, now does it endorse the content or opinion provided in any SMPost. Each User is solely responsible for any representation made in any Listing or any SMPost.

20.4   You agree that while We may facilitate payments, We are not involved in the Transaction itself, and provide no warranty as to any component of the Transaction.

20.5   While We have systems in place to attempt to restrict it from occurring, You agree that you will not hold us liable for any credit card fraud that may occur from your use of the Services.

 

21.     Limitation of Liability

21.1   As agreed in clause 4.15 above, a contract exists between the Users of the Services, being the User who buys, Rents or orders an Item or Experience, and the User who provides it.

21.2   You agree that we provide a method for parties to communicate and make payment for Items and Experiences. You agree that we are not responsible for the provision or quality of those Items or Experiences.

21.3   You agree that you will not hold us liable in any way for any damage suffered by You due to the actions or inactions of any other User, including any User you have entered a Transaction with. 

21.4   You agree that we are not liable for any damage caused by a User to any Item.

21.5   You agree that we are not liable for any damage suffered by an ExpProvider due to the actions or inactions of a User. 

21.6   The Users in any Transaction acknowledge that such issues of damage should be resolved between them. This includes any property damage, loss of income, or any other damage or loss of any kind caused by either party.

21.7   Subject to clause 21.8, you agree that we will not be liable for any direct or indirect loss or damage, including without limitation; economic loss, loss of profits or savings (or for any indirect or consequential loss or damage), however caused, arising out of or in connection with our Website or any services provided on our Website.

21.8   Our liability in respect of all claims for loss, damage or injury arising from a breach of our obligations under these Terms or from any act or omission by us, is limited in each case to the amount We received in Fees for that particular Transaction between the Users in question.

21.9   All claims must be made in writing and are subject to verification or acceptance by Us.  No claim may be brought more than 10 days after the date you become aware or reasonably ought to have been aware of the circumstances giving rise to the claim. 

21.10 You agree that We will not be liable to you if any other party does not fulfil any obligation they have to you, breaks any law or commits any other contractual or legal offence against you.

21.11 You agree that We are not liable for any damage, loss, injury or financial penalty that you experience through the use of the Website. You agree to not hold Us liable for the action, or inaction, of any other party to a Transaction.

21.12 You agree that we have no responsibility and provide no warranty as to the honest, accuracy and truth of anything posted to the Services by any Account holder, nor an Account holder’s ability to provide an Item or Experience as described in a Listing, nor an Account holder’s ability to pay for, or partake in, an Item or Experience they have ordered.

 

22.     Consumer Legislation

22.1   If you are operating as a business, you may have additional requirements or liabilities that exist within your local legislation. If you are unsure, we recommend you speak to a lawyer in your area.

22.2   If you are in New Zealand then You agree that, if the party purchasing or Renting an Item, or obtaining an Experience is not a consumer as defined in the Consumer Guarantees Act 1993, that it is fair and reasonable that:

(a)      The provisions of the Consumer Guarantees Act 1993 do not apply; and

(b)      Sections 9, 12A, 13 and 14(i) of the Fair Trading Act 1986 are contracted out of any agreement between the Users in a Transaction.

 

23.     Unsolicited electronic communication

23.1   You agree that, by creating an Account, you have consented to receive commercial emails from us.  On that basis we may send you commercial electronic communication from time to time unless you inform us otherwise by letter, email or such other way that we may make available to you. The email address for unsubscribing to commercial emails is unsubscibe@feimso.com. 

 

24.     General

24.1   We will not be prevented from enforcing any of our rights under this agreement because on an earlier occasion we did not enforce those rights.

24.2   You agree that we may assign, delegate or subcontract any or all of our rights or obligations under these Terms and Conditions.  

24.3   You agree that we may issue any proceedings in respect of our agreement with you in any court that suits us.  The law that governs these terms is New Zealand law. All references to legislation are in reference to New Zealand legislation. 

24.4   Any part of the Terms that is held to be invalid or unenforceable, for any reason, shall be severed from the Terms and shall not affect the provisions that remain.

24.5   You agree that these Terms express the entire understanding between us and that there have been no representations made by or on behalf of us that have been relied upon by you that are not contained in these Terms. 

24.6   As we are not a party to any agreement between the Users in a Transaction, we will not become involved in resolving any dispute beyond what is allowed for under these Terms. You agree that, should a dispute arise, you will attempt to negotiate a resolution with the other User. 

24.7   As part of Our Website We use Google Maps. By using of Website you agree that you are bound by Google’s Terms of Service located at https://www.google.com/intl/en/policies/terms

 

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