1 WELCOME AND INTRODUCTION
1.1 Anya Hindmarch (“Anya Hindmarch”, “we”, “us”, or “our”) welcomes you. We’re pleased that you have accessed our website located at www.reanyahindmarch.com (the “Anya Hindmarch Website”) and our online platform (the “Anya Hindmarch Platform”), which is accessible through the Anya Hindmarch Website.
1.3 IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE Anya Hindmarch WEBSITE AND/OR THE Anya Hindmarch PLATFORM.
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 Term and Conditions.
“Buyer” means any person buying Inventory Items over the Anya Hindmarch Platform;
“Customers” means Renters and Buyers;
“Inventory Items”" means fashion items listed or otherwise made available for sale or rent over the Anya Hindmarch Platform.
“Registrant” means any person signing up as a registered account holder on the Anya Hindmarch Platform;
“Renter” means any person renting Inventory Items over the Anya Hindmarch Platform;
“Visitor” means any person accessing or making of the Anya Hindmarch Website;
2 THE Anya Hindmarch PLATFORM
Description and Use
2.1 The Anya Hindmarch Platform provides Customers with a variety of resources to facilitate the buying and renting of Inventory Items.
2.2 Anya Hindmarch can upload information about designer Inventory Items available for sale or rent and Customers can search for designer Inventory Items they wish to buy or rent. Once a Customer has identified an Inventory Item he or she wishes to buy or rent, the Customer can buy or rent that Inventory Item through the Anya Hindmarch Platform.
2.3 Access to the Anya Hindmarch Platform is offered to those who register on the Anya Hindmarch Website (“Registrants”). Following registration, all Registrants will have a unique login ID and password which can be used to access the Anya Hindmarch Platform.
2.4 We provide Visitors and Registrants with access to the Anya Hindmarch Website and the Anya Hindmarch 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 Anya Hindmarch Website. No login ID is required for Visitors. Visitors can:
(i) view all publicly available content on the Anya Hindmarch Website; and
(ii) e-mail us via the Anya Hindmarch Platform.
2.4.2 Registrants. Login details are required for all Registrants to access the Anya Hindmarch 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; and
(iii) and submit requests to buy or rent Inventory Items.
2.5 Anya Hindmarch 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, Anya Hindmarch 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 Anya Hindmarch Platform
2.6 Subject to these Terms and Conditions, Anya Hindmarch 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 Anya Hindmarch 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 Anya Hindmarch Platform; or (ii) introduce into the Anya Hindmarch Platform any virus, worm, “back door,” Trojan Horse, or similarly harmful code. If you violate this section, Anya Hindmarch reserves the right in its sole discretion to immediately deny you access to the Anya Hindmarch Platform, or any portion of thereof, without notice. Anya Hindmarch reserves the right to change the availability of any feature, function, or content relating to the Anya Hindmarch Platform, at any time, without notice or liability to you.
Anya Hindmarch Platform Rules
2.7 The Anya Hindmarch Platform functions best when its Visitors and Registrants act in good faith and follow a few simple rules. By visiting the Anya Hindmarch Website, and/or accessing and/or using the Anya Hindmarch 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 Anya Hindmarch Website and/or the Anya Hindmarch Platform and will not use the Anya Hindmarch Website and/or the Anya Hindmarch Platform for any unlawful purpose;
2.7.2 You will not access or use the Anya Hindmarch Website and/or the Anya Hindmarch 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 Anya Hindmarch Website and/or the Anya Hindmarch 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 Anya Hindmarch Website and/or the Anya Hindmarch 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 Anya Hindmarch Website and/or the Anya Hindmarch 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 Anya Hindmarch Website and/or the Anya Hindmarch Platform, or any portion of the Anya Hindmarch Website and/or the Anya Hindmarch 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.
2.9 Children under the age of 13 may not use the Anya Hindmarch 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 Anya Hindmarch Website and Anya Hindmarch 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 Anya Hindmarch Platform and the rental or purchase of any Inventory Items, including all legal liability he or she may incur.
2.10 The Anya Hindmarch Rental and the Anya Hindmarch Rental 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 Anya Hindmarch Rental (collectively referred to as the “Anya Hindmarch Rental Content”). The Anya Hindmarch Rental Content may be owned by us or by third parties. The Anya Hindmarch Rental Content is protected under both United Kingdom and foreign laws. Unauthorised use of the Anya Hindmarch Rental Content may violate copyright, trademark, and other laws. You have no rights in, or to, the Anya Hindmarch Rental Content, and you will not use the Anya Hindmarch 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 Anya Hindmarch Rental Content on any copy you make of the Anya Hindmarch Rental Content. You may not sell, transfer, assign, license, sublicense or modify the Anya Hindmarch Rental Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Anya Hindmarch Rental Content in any way for any public or commercial purpose. The use or posting of the Anya Hindmarch 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 Anya Hindmarch Content and the Anya Hindmarch Website and the Anya Hindmarch Platform automatically terminates, and you must immediately destroy any copies you have made of the Anya Hindmarch Content.
2.12 The trademarks, service marks, and logos of Anya Hindmarch (“Anya Hindmarch Trademarks”) used and displayed on the Anya Hindmarch Website and Anya Hindmarch Platform are registered and unregistered trademarks or service marks of Anya Hindmarch. Other company, product and service names located on the Anya Hindmarch Website and the Anya Hindmarch Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the Anya Hindmarch Trademarks, the “Trademarks”). Nothing on the Anya Hindmarch Website and the Anya Hindmarch 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 Anya Hindmarch Trademarks inures to our benefit.
2.13 Elements of the Anya Hindmarch 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 Anya Hindmarch 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 Anya Hindmarch Website and/or the Anya Hindmarch Platform in a way that constitutes copyright infringement, please provide us with notice, including (i) a description of the copyrighted work that has been infringed and the specific location on the Anya Hindmarch Website and/or the Anya Hindmarch 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.
2.15 distributed in violation of any such laws.
2.16 The Anya Hindmarch Website and the Anya Hindmarch 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 Anya Hindmarch Website and the Anya Hindmarch Platform are based in the United Kingdom. We make no claims concerning whether the Anya Hindmarch Content may be downloaded, viewed, or be appropriate for use outside of the United Kingdom. If you access the Anya Hindmarch Website, the Anya Hindmarch Platform or the Anya Hindmarch 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 Anya Hindmarch Website
2.18 You are permitted to use the Anya Hindmarch Website for your own purposes and to print and download material from this Anya Hindmarch 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 Anya Hindmarch 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 Anya Hindmarch Website may be reproduced without our prior written permission.
Anya Hindmarch Website Uptime
2.21 We take all reasonable steps to ensure that the Anya Hindmarch 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 Anya Hindmarch 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.
3 TERMS AND CONDITIONS APPLICABLE TO CUSTOMERS
3.1 Inventory may be rented or purchased for use by individuals under 18 years of age, but Anya Hindmarch 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.
3.2 You acknowledge and agree that we may place limits on the rental and purchase 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.
3.3 All deliveries will be through Anya Hindmarch’s shipping partners, which may change from time to time at our discretion. We will, through the Anya Hindmarch 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.
Making Payments via PayPal
3.6 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.
3.7 Orders for rentals or purchases may be made over the phone to one of our customer service representatives. For such orders, you will need to confirm your consent to the customer service representative accessing your account and your customer information, which may include your personal data. Once any such order has been placed, you may wish to consider changing your password via the Anya Hindmarch Website to preserve your account security.
Referrals and Vouchers
3.9 You must be 18 years of age or older to have a Anya Hindmarch Account
3.10 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.
The following additional conditions apply to Renters for the rental of any Inventory Item.
3.11 The rental fee (“Rental Fee”) for a rented Inventory Item will be the total of the rental charges and the delivery charges listed on the Anya Hindmarch 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 Anya Hindmarch Website is an order for the rental of that Inventory Item, regardless of how far in advance that Inventory Item is reserved.
3.12 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 Anya Hindmarch Website or Anya Hindmarch App or otherwise determined by Anya Hindmarch 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.
3.13 You may only cancel your rental order if you submit a cancellation request within an hour of the time at which you placed your rental order by email to firstname.lastname@example.org. 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. 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 We will despatch your rented Inventory Items to your Secure Shipping Address (defined below) for next day delivery if your order is received by 12 pm on a business day in the United Kingdom. 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”).
3.16 Upon delivery, you bear responsibility for the Inventory Item.
3.17 You acknowledge that a Secure Shipping Address is highly recommended. A “Secure Shipping Address” means a location where an individual can physically receive Inventory Item(s). If an un-secure shipping address is provided, Anya Hindmarch 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 Anya Hindmarch 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.
Use of the Inventory Items
3.18 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 Anya Hindmarch shall not be held liable for any health-related complaints associated with any Inventory Items.
3.19 You agree to treat the Inventory Item with great care and to return it to Anya Hindmarch 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, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage. If you return an Inventory Item that is damaged beyond normal wear and tear, then 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).
3.20 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).
Return of Inventory Items
3.21 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 Anya Hindmarch 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.
3.22 With delivery of the Inventory Item, Anya Hindmarch will provide you with a pre-paid, pre-addressed return label as well as instructions for your use in returning the Inventory Item to Anya Hindmarch (“Return Packaging”). If we have provided you with an Anya Hindmarch carrying case, this is not yours to keep. If the Anya Hindmarch carrying case is not returned you will be charged a £10 fee (details below under “Lost Return Packaging”).
3.23 THE RETURN PACKAGING IS PRE-PAID FOR A TWO-DAY DELIVERY SERVICE. Please bear this in mind when returning Inventory Items to us in the Return Packaging.
3.24 We are not responsible for any personal or other items left in the Inventory Items or which are returned to Anya Hindmarch 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 email@example.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.
3.25 You may extend your order for an Inventory Item by phone to Anya Hindmarch; provided that any extensions are subject to other orders for that Inventory Item and to pre-payment of the additional Rental Fee applicable to that Inventory Item for the period of time of the extension.
3.26 If you return an Inventory Item late or not at all, a late fee of £50.00 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 Anya Hindmarch 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 Anya Hindmarch 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).
3.27 Anya Hindmarch 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 Anya Hindmarch 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
3.28 If you lose the Return Packaging, you will be responsible for returning the rented Inventory Item at your own expense by the Return Due Date and providing Anya Hindmarch with a tracking number. Also, if you lose or fail to return the Anya Hindmarch carrying case you will be charged £10. If you still possess the Anya Hindmarch carrying case, it 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.
3.29 The following are the limited warranties Anya Hindmarch provides in connection with Inventory Item rentals. Anya Hindmarch’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 Anya Hindmarch.
3.30.1 Clean and Ready to Wear. The Inventory Items will be cleaned and delivered ready to wear. While Anya Hindmarch cleans and inspects each Inventory Item with the utmost care, any use of the Inventory Item is at your own risk and Anya Hindmarch shall not be held liable for any health-related complaints associated with any Inventory Item.
3.30.2 Sizing Returns. If your Inventory Item does not work for you, then you may return the Inventory Item to Anya Hindmarch within 24 hours (excluding Sundays and public holidays) of the date you received the Inventory Item by contacting us at firstname.lastname@example.org and returning the Inventory Item in accordance with the return procedures above (a “Sizing Return”). Anya Hindmarch will then offer you a full refund for the Rental Fee (less delivery charges) of the Inventory Item, so long as the Inventory Item, in our sole discretion, has not been worn.
4 NO WARRANTIES/LIMITATION OF LIABILITY
NONE OF Anya Hindmarch, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “Anya Hindmarch PARTIES”) ENDORSE OR RECOMMEND ANY INVENTORY ITEMS, CUSTOMERS.
NONE OF THE Anya Hindmarch 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 Anya Hindmarch WEBSITE, THE Anya Hindmarch PLATFORM, AND THE Anya Hindmarch 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 Anya Hindmarch 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 Anya Hindmarch WEBSITE, THE Anya Hindmarch, EVEN IF SUCH Anya Hindmarch 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 Anya Hindmarch WEBSITE, THE Anya Hindmarch PLATFORM SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE Anya Hindmarch 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 Anya Hindmarch WEBSITE AND THE Anya Hindmarch 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 Anya Hindmarch WEBSITE AND THE Anya Hindmarch PLATFORM. THE Anya Hindmarch WEBSITE AND THE Anya Hindmarch PLATFORM MAY CONTAIN INFORMATION ON TYPES OF INVENTORY ITEMS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO AN INVENTORY ITEM ON THE PAPER LONDON PLATFORM DOES NOT IMPLY THAT SUCH INVENTORY ITEM IS OR WILL BE AVAILABLE WHEN YOU WOULD LIKE TO RENT IT OR BUY IT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE Anya Hindmarch WEBSITE AND THE Anya Hindmarch Rental Platform AT ANY TIME WITHOUT NOTICE.
5 TERMINATION OF THESE TERMS AND CONDITIONS
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 Anya Hindmarch Website, the Anya Hindmarch App and/or the Anya Hindmarch 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 Anya Hindmarch – 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
5.2 We reserve the right to change, suspend, or discontinue all or any part of the Anya Hindmarch Website and/or the Anya Hindmarch 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 email@example.com. You acknowledge that opting out of receiving communications may impact your use of the Anya Hindmarch 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. © 2022 Anya Hindmarch. All rights reserved. Registered in The Stable Block, Plough Brewery 516 Wandsworth Road, London, SW8 3X, United Kingdom. No parcels will be accepted at this address and any returns and incorrect shipping will be at cost to the sender. All rental delivery and pick up information can be found here.
Copyright 2023 Anya Hindmarch. All rights reserved.