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ACCEPTANCE OF TERMS OF USE

Welcome to The Frock Project. These Terms of Use constitute the basis for a binding legal agreement between you and The Frock Project Ltd (Company number 7240659) whose registered office is at 36 Crown Rise, Watford, Herts, WD25 0NE ("The Frock Project,” "we," "us," and "our"). Please read them carefully as they affect your rights and liabilities under the law.

These Terms of Use govern your use of the website www.thefrockproject.com (the "Site") and The Frock Project service and hire of products (the "Service"). By using the Service or visiting or viewing the Site, you accept these Terms of Use. If you do not agree to these Terms of Use you should not use the Service, or visit or browse the Site at all.

 

The use of this site is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

 

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

 

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

 

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.  Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

 

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

 

2. CHANGES TO TERMS OF USE

We reserve the right to modify these Terms of Use at any time and in any manner at our own discretion. Notice of any modification of these Terms of Use will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site constitutes your binding acceptance of such modifications. Please check this section of the Site carefully before using the Site to determine whether a change has been made to these Terms of Use.

If you don’t agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately by notifying The Frock Project of your unwillingness to accept the changes to the Terms of Use and Service (by emailing info@thefrockproject.com or call the telephone number shown on the Site) and of your intention to discontinue your use of the Service and the Site. You agree that we shall not be liable to you or to any third party for any modification of the Terms of Use.

 

3. THE FROCK PROJECT SERVICE & DELIVERY
The Service allows customers to access the Site and borrow products from The Frock Project in accordance with these Terms of Use.  The customer can order products from the Site and have them shipped to their chosen address. The customer is then required to return the dress on the agreed date. We reserve the right to limit the number of items that a customer may borrow at any time. The Frock Project also reserves the right to withdraw products from the range at any time and without prior notice.

Full details of the rental rates for The Frock Project products are outlined in detail on the Site. All products will be delivered to members by our designated couriers for a fee of £9.95 per order. This delivery fee, which will be billed to your credit or debit card, covers both the delivery of the product to you as well return of the dress to us. Items hired must only be returned using the designated courier service. Full transit insurance for the product up to its replacement fee is also included in the delivery fee. Delivery fees are non-refundable.


Delivery time for products you have selected to borrow may vary based upon, (a) your delivery address, (b) stock availability (c) when you place an order, and (d) other circumstances impacting delivery by our couriers. We will use our reasonable endeavours to ensure that the product reaches you within three (3) days of your order being placed, however The Frock Project makes no guarantees as to actual delivery time and time for delivery of the products to you shall not be of the essence of your contract with us. Once the products you have ordered have been passed to the third party courier, you will receive an email advising you of the delivery details and the estimated time and date of delivery. The risk of loss for items shipped passes to you upon delivery.

Each order you place for a product will constitute a separate contract between you and The Frock Project on the terms and conditions set out in these Terms of Use. In accordance with the terms of such contracts, you must return all products you hire from us on the date notified to you for return of the products. If you fail to return a product to us by the due date for return notified to you, we reserve the right to treat the product as lost and charge your credit or debit card the full original retail value of the dress.


All products from The Frock Project are authentic designer products and are provided to you in either new or "like new" condition. If you lose a product or return a product to us in a damaged or dirty condition that exceeds normal wear and tear (as determined by The Frock Project in its sole discretion) you agree that The Frock Project may charge your credit or debit card if it wishes with a replacement fee for such a product (except to the extent the loss is covered Frock Horror Protection you may have purchased from The Frock Project to cover damage to the product). The product replacement fee varies depending on the specifics of each item and may also include the full amount of any lost earnings or incurred costs resulting from the damage. If we determine, in our sole discretion, that the product returned is capable of repair or restoration to its original condition, we may charge you a lesser amount than the relevant replacement fee to cover the cost of such repair or restoration.

4. FROCK HORROR PROTECTION (FHP)

FHP is £7 per dress and covers minor damage and repairs.  Minor damage shall mean repairable damage to fastenings (buttons, zips, hook and eyes), hems, beads or sequins and stains that can be removed using specialist treatment (over and above standard dry cleaning) 

 

This does not cover major and/or irreparable damage, loss or theft.

 

You may purchase FHP through us at the time you order a product and go through the checkout process. 

 

All products that are hired to you will remain, at all times, the exclusive property of The Frock Project. When you hire a product from us, you agree that you will not re-sell such products supplied to you by us, nor make them available for hire or otherwise allow any unauthorised or illegal use to occur.

 

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

 

5. THE ORDER PROCESS

i. Place your order

Pick the dress you would like to borrow and place the order on the Site.  The borrowing period you choose is inclusive of the day of delivery and the day of return.  You must provide contact details, delivery address and a valid credit or debit card.  You must also accept these Terms and Conditions.

 

ii. Process of order

If your order is accepted, your payment will be processed.  You authorise us to charge the applicable fees and charges as calculated when you placed your order. These normally include the borrowing fee, delivery charge and VAT. Additional fees may be charged for late return, damage, lost goods, stolen or unreturned goods. 

 

iii. Confirmation of order

If your dress is available, you will receive an order confirmation e-mail advising that your order and payment has been received and processed. 

 

If your dress is unavailable, you will receive an e-mail advising you that your dress is unavailable.  Where possible we will endeavour to offer you an alternative dress for your required date, or we will advise you when your chosen dress is available.  If neither of these options are suitable for you, you will receive a full refund, including shipping cost and Accidental Damage Waiver (if you have purchased this).

 

iv. Despatch of order

We will organise delivery of your order to the delivery address you specified in your order. 

 

v. Return

When you're ready to return the dress simply pack it in its original packaging and affix the self adhesive delivery label provided to you when the dress was first delivered. Please ensure you seal the box properly.

You must ensure that the dress is returned to us in the same condition it was delivered to you.  No adjustments or alterations to the garment can be made. If the garment is returned adjusted or altered then you will be charged for their removal. All orders must be sent back via The Frock Project’s chosen courier.  Please ensure the dress is received by us on the final day of your rental period.  Failure to return the dress by the final day of your rental period will result in further charges being taken from your card.

 

If you are returning items that do not fit, you must notify us within 12 hours, the items must be collected by the courier within one working day and received by us within two working days in order to receive a refund (minus shipping).  If we do not receive the dress within two working days, you will not receive a refund.  

 

All garment tags MUST remain intact. If you fail to fulfil agreed upon terms, your credit or debit card will be charged for the full, non-discounted fees and charges for the entire period you booked the dress for.

 

vi. Loss, damage or stains

If you have not taken out FHP with us

If you lose or damage your dress, the first thing you should do is to inform us by sending an e-mail to info@thefrockproject.com. We reserve the right to handle each incident on a per case basis. Any damage will be looked into before informing you of any required next steps or payments.

Note: if the dress is damaged, lost or torn beyond everyday wear and tear, your account will be charged a repair or replacement fee as determined by us. Some items may not be easily replaceable and a fee, up to the full retail price of the dress, may be charged. Retail prices for each dress are stated on the website. 

 

If you have taken out Frock Horror Protection (FHP) with us

On return of the dress from the customer, The Frock Project will conduct a thorough assessment of the condition of the dress.  If we identify any damage that is not covered by the FHP, we will contact you to discuss payment and repair.

 

6. INVOICING

When you borrow a dress you will be required to provide The Frock Project with accurate, complete and current credit card information for a valid debit or credit card that you are authorized to use. By signing up for the Service, you warrant to us that this information as provided to us is accurate and complete and you specifically authorise The Frock Project to bill your credit card the applicable rental fee, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. The applicable fees will be charged to your credit card on the date your purchase is made. Other fees will be charged to your credit or debit card as you incur them. The Frock Project reserve the right to cancel an order at any time at our own discretion. If this happens the debit or credit card will be refunded in full. The Frock Project also reserve the right to cancel an order if they are unhappy with any identification provided.

 

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

 

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

 

We may modify the price, content, or nature of the Service at any time. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site.

 

7. REPLACEMENT FEES

Replacement fees for lost or stolen dresses are equal to the original retail price stated on the Site.  If a dress is lost or stolen, you must contact The Frock Project immediately. Customers are fully liable to pay for the cost of the dress being lost and stolen and will be given a price to pay for the dress.  We suggest that you check your personal insurances as you may find that you can claim for the loss or theft of a dress on your personal insurance policies.

 

8. PRIVACY
Any information submitted on the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Our Privacy Policy may be found at here  Please review our Privacy Policy carefully.

9. SUBMISSIONS
The Site may allow you and other third parties to post reviews or comments concerning the Service or the products we distribute. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of The Frock Project, or its shareholders, directors or officers. The Frock Project may review and delete any content, in whole or in part, that in the sole judgment of The Frock Project violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of or harm any third parties or which might not be in the nature of The Frock Project views. Nonetheless, under no circumstances will The Frock Project, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service or the Site.

We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you might send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings on message boards on the Site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and the Service. Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicense able, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by The Frock Project will not infringe on or violate the rights of any third party.

Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas.

 

10. USE RESTRICTIONS
Unless otherwise specified, the Site is made available to you for your personal and non-commercial use but subject to these Terms of Use. We reserve the right to refuse orders from businesses that we consider are for commercial or non-domestic purposes. The Frock Project grants you a limited license to access the Site solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Service, or any information contained on, or obtained from, the Site without the express written consent of The Frock Project. Any and all unauthorised uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.

Although we aim to offer you the best possible service, we do not warrant that the Service or the Site will meet your specific requirements. We cannot guarantee that the Service of the Site will be fault free. If a fault occurs with the Site you should report it to us using the contact details shown on the Site and we will attempt to correct the fault as soon as we reasonably can. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.

11. ACCESS LIMITS 

You will not use the Site or Service to: (a) upload, post, email, or otherwise transmit or disseminate any material that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), or that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that encourages conduct that constitutes a criminal offence or otherwise breaches any applicable laws, regulations or codes of practice; (b) harm minors in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary or contractual right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; (k) write comments that in any way refer to persons under 18 years of age; or (l) collect or store personal data about other users.
You agree that you will be responsible for any losses or costs we suffer resulting from your breach of this clause 10.

 

12. DISCLAIMERS OF WARRANTIES & LIMITATIONS ON LIABILITY
The Service (including the products provided under the Service or purchased through the Site), and the Site and its contents, are provided "as is"; The Frock Project makes no representations or warranties of any kind with respect to the Service, gift certificates, products provided with or sold by the Service, the Site, or any contents therein. The Frock Project assumes no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site, any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the Site, any losses or damages arising from the use of the content provided on the Site, goods or services provided by The Frock Project, or any conduct by users of the Site. The Frock Project reserves the right to refuse to ship products in its sole discretion. to the fullest extent permitted by law The Frock Project expressly disclaims all representations and warranties relating to the service, the products, and the site, including, but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title, and non-infringement. In addition, The Frock Project does not represent or warrant that the information on or accessible via the Site or through the Service is complete or current.

The Site provides content from other Internet sites or resources whether by way of hypertext links or other means of reference. While we try to ensure that material included on the Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Site we will attempt to correct such inaccuracies as soon as we reasonably can. You may not link the Site to another Website without our prior written consent.

Nothing in this clause purports to limit or exclude our liability for loss caused by our fraudulent misrepresentation or for death or personal injury caused by our negligence.

The Frock Project its affiliates, suppliers, and their respective officers, directors, shareholders and employees shall not be liable under these terms of use for any indirect or speculative damages (including, without limitation consequential, incidental, and special, loss of use, business interruptions, loss of business data and loss of profits), regardless of whether these parties had advance notice of the possibility of any such damages. The Frock Project’s suppliers, and their respective officers, directors, shareholders and employees total liability to you for any claim arising out of or relating to the service, the products, the site or these terms of use, whether in contract or in tort, shall not exceed the amounts paid to The Frock Project by you under these terms of use under any circumstances. Each provision of these terms of use that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms of use between the parties. This allocation is reflected in the pricing offered by the frock project to you and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this agreement.

 

13. INDEMNITY
You agree to indemnify and hold The Frock Project, its subsidiaries, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your use of the Service in violation of these Terms of Use and/or arising from a breach of these Terms of Use.

14. INTELLECTUAL PROPERTY
The Frock Project is a trade mark of The Frock Project. All The Frock Project graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of The Frock Project. Any trade marks not owned by The Frock Project that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Frock Project. Nothing on the Site grants you any licence or right to use, alter or remove such material. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of The Frock Project, its licensors, or its product suppliers, and is protected by the laws relating to copyright, trademarks, database right and other intellectual property rights.

You may retrieve and display the content of the Site on a computer screen and print one copy of such content for your own personal, non-commercial use, provided that you keep intact all and any copyright and other proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from us.

15. TERMINATION
You agree that we at our reasonable discretion, may terminate your password, your account with us, or your use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use, failure to promptly pay any membership fee or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Also, we may, at our reasonable discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your account and all related information and Submissions made from your account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.

16. LINKS AND ADVERTS
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. The Frock Project is not responsible for the content on the internet or web pages that are contained outside the site.

Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.


17. GOVERNING LAW
These Terms of Use are governed in all respects by the laws of England and Wales. Any dispute arising out of or relating to these Terms of Use, the Service, the Products, or the Site shall be settled before the English courts.

18. SERVICE TESTS
The Frock Project tests aspects of its Service from time to time. The Frock Project reserves the right to include you in such tests without notice.

 

19. CREDIT CHECKS

 The Frock Project will perform credit checks when required.

 

20. CLAIMS OF COPYRIGHT INFRINGEMENT
It is our policy to respect the intellectual property rights of others. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, if you are aware of any infringing material on the Site, or if you know of someone who is making unauthorised use of the content of the Site, please contact our registered agent or us.

21. TAX
All applicable local UK taxes are your responsibility. You agree to pay these taxes.  All prices stated on the site include UK VAT.

 

22. GENERAL
The Frock Project’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Service, you consent to receiving electronic communications from The Frock Project. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The Frock Project is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Use comprises the entire agreement between you and The Frock Project and supersede all prior agreements between the parties regarding the subject matter contained herein.

23. ASSIGNMENT
You may not transfer any of your rights under these Terms of Use to any other person. We may transfer our rights under these Terms of Use to another business where we reasonably believe your rights will not be affected.

24. RIGHTS OF THIRD PARTIES
Except as expressly provided for above, nothing in theses Terms of Use confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.

 

25. ENTIRE AGREEMENT 

The Terms and Conditions (as amended from time to time) constitutes the entire agreement between you and The Frock Project regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and The Frock Project in relation to such matters.  No oral explanation or oral information given by any party shall alter the interpretation of the Terms and Conditions. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in the Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Terms and Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Terms and Conditions.


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