Terms of Service
TERMS OF SERVICE
The Rewear Company OÜ
1. ABOUT THE MARKETPLACE
1.1. The Rewear Company is a virtual marketplace (hereinafter the marketplace) which can be accessed online at www.rewear.ee or www.rewear.company and which enables registered users (hereinafter the user) to lend (hereinafter the lender) and rent (hereinafter the renter) new and second-hand kidswear.
1.2. The marketplace is operated by The Rewear Company OÜ, commercial register code 16212388, VAT number EE102363519, address J. Kunderi 26, 10121 Tallinn, Republic of Estonia (hereinafter the operator); support firstname.lastname@example.org.
1.3. The marketplace operates under the managed marketplace model, wherein the marketplace manages the entire lending and rental process: sorting, storage, washing, mending, pricing, photographing, documentation, uploading of information about, and delivery of, the clothing items. The marketplace also arranges the collection of payments from the renter and payments of rental proceeds to the lender.
1.4. The marketplace enables users to:
1.4.1. lend clothing items via the marketplace on a monthly basis;
1.4.2. rent clothing items via the marketplace on a monthly basis (hereinafter collectively referred to as the service).
1.5. Using the marketplace requires an internet connection and an internet-enabled device (e.g. computer, tablet, smartphone).
1.6. In order to use the service, it is necessary to register as a user of the marketplace, which involves acceptance of these terms of the marketplace user agreement (hereinafter the terms). The terms, together with all of the conditions specified therein, constitute an agreement between the operator and the user (hereinafter the agreement). By entering into the agreement, the user affirms that they are an adult and a natural person with an active legal capacity who has the right to enter into a contractual relationship with the operator, and that all of the information submitted by them to the marketplace is correct. If the user does not accept the terms, the user will not be able to use the service offered by the marketplace. The agreement is made in either Estonian or English language, and the user can access the terms on the marketplace’s webpage entitled ‘Terms & Conditions’.
1.7. The service is only available in the territory of the Republic of Estonia.
1.8. Transactions on the marketplace can be executed in euros. The marketplace pays 20% VAT from its services and commission fees.
2. PROCESS OF LENDING CLOTHING ITEMS
2.1. The lender fills out the delivery note and accepts the terms of the marketplace user agreement.
2.2. Within 5 business days after receiving the delivery note, the marketplace will send the instructions for packing the clothing items to the lender’s e-mail address along with a shipping card or code for a free delivery. Instructions on how to prepare clothing items for transport can also be found on the marketplace’s webpage entitled Shipping Policy.
2.3. By shipping out any clothing items, the lender affirms that the items are in conformity with section 3 of the terms.
2.4. After receiving the clothing items, the marketplace will send a confirmation e-mail to the lender within 5 business days.
2.5. After receiving the clothing items, the marketplace will send to the lender within around 30 business days a list containing an assessment of the condition of the received items and a proposal on the rental price of any items suitable for lending (i.e. items whose condition is better than 'unsatisfactory’ – see section 4).
2.6. After receiving the list, the lender has 5 business days to examine it.
2.7. If the lender does not wish to lend the clothing items under the conditions offered by the marketplace, they may recall some or all of the items within 5 business days after receiving the list. Returns are subject to a fee (see clause 5.3).
2.8. Unless the lender has declared otherwise within 5 business days after receiving the list, the marketplace will deem the lender to have agreed to lend the clothing items under the conditions set out in the list. Thereafter:
2.8.1. the marketplace will take photographs of any clothing items suitable for lending and will upload them to the marketplace;
2.8.2. the marketplace will take ownership of any clothing items not suitable for lending (i.e. items whose condition is ‘unsatisfactory’ – see section 4). In such a case, the marketplace may mend the items at their own expense, and, if the mended items are then put up for rental or sale, the lender will not be paid for this. Items which cannot be recycled and which have reached the end of their useful life will be responsibly upcycled or recycled.
3. WHAT KIND OF CLOTHING ITEMS DO WE ACCEPT?
3.1. The marketplace accepts clothing items designed for babies and toddlers aged 0–4 years (size 44–110 cm). We accept clothing items in any condition, including:
3.1.1. new and unused items;
3.1.2. used items;
3.1.3. items without size labels, textile processing information labels, and brand labels;
3.1.4. items that the user has made or mended themselves;
3.1.5. items in need of mending or stain removal;
3.1.6. items that are not fit for use;
3.1.7. accessories (hats, headbands, scarves, gloves, stockings, booties).
3.2. The marketplace does not accept:
4. ASSESSMENT OF THE CONDITION AND DETERMINATION OF THE RENTAL PRICE OF CLOTHING ITEMS
4.1. The marketplace assesses the condition of clothing items after receipt thereof from the lender and each time the items are returned by the renter (see section 4, Scheme 1). The marketplace assesses the condition of the items to determine whether the item can be offered for rental and how it should be described.
4.2. In order to assess the actual condition of the clothing items, the marketplace may, if necessary, wash the items in accordance with the care instructions of the marketplace, and perform simple repairs at their own expense.
4.3. The lender accepts that the rental price will be determined by the marketplace at its own discretion in accordance with the following principles:
4.3.1. The average monthly rental price is calculated by the marketplace based on the market practice of ‘15% of the retail price on average’, but the final price will depend on the brand, material, condition, seasonality, and level of competition, as well as the assessment of the marketplace’s experts in the kidswear retail market, ranging from 5–20% of the retail price (see section 4, Scheme 1). The lender acknowledges that the marketplace reassesses the condition of the items after each use, as a result of which the rental price may change. The lender can find an overview of the condition of the items and changes in the rental price in the quarterly report.
4.3.2. The retail price of an item is an estimated value and is determined on the basis of information available to the marketplace from public sources. The lender may, if they so wish, provide cost statements together with the delivery note. In such a case, the marketplace will base the calculation of the rental price on the relevant cost statement.
4.4. The lender accepts that the marketplace may combine different clothing items and offer them for rent as sets.
4.5. The marketplace has the right to run promotional campaigns without informing the lender (e.g., promotional codes, discounts based on product categories, etc.). The cost of any promotional campaigns will be borne by the marketplace, and the lender will earn the agreed upon rental fee on the rental price of the clothing items in any event.
4.6. If the lender’s clothing items cannot be rented out within 6 months of posting them on the marketplace, the marketplace may reduce the rental prices by up to 50%.
Scheme 1: Principles for determining the condition and price of clothing items (condition / description / monthly rental price (% from the retail price)):
NEW / Unused item with all product labels / 20%
LIKE NEW / A new and unused item from which the product labels have been removed, or practically a new item with no signs of wear / 15-20%
VERY GOOD / An item that is in excellent condition, possibly with minimal signs of wear or washing. No stains / 15%
GOOD / An item that is in good condition, possibly with signs of wear and wash. Stains are either entirely absent, barely noticeable, and/or located in an inconspicuous place on the item / 10-15%
FAIR / An item that is in a satisfactory condition and fit for use, showing signs of wear, wash, and mending. May contain minor stains, wear on the paint of snap closures, zippers, etc / 5-10%
POOR / An item which is in unsatisfactory condition is not suitable for renting out at the time of assessment. The item shows significant signs of wear, stains that will not come out, holes, or other defects (broken zipper, broken or missing snap closures), and making it suitable for rental would require complex cleaning operations or repairs to be undertaken / 0%
5.1. Shipping of clothing items is free of charge for the lender. The marketplace will arrange for the transport of the clothing items, will sort and, if necessary, wash the items, will record their condition, and will calculate the rental price at no cost to the lender.
5.2. Any rental proceeds will be divided equally, i.e. the marketplace charges a 50% commission fee on rental proceeds. This commission fee includes administrative work; storage, washing, and ironing of the clothing items; minor repairs; photographing, pricing, and listing on the marketplace; arranging for delivery; and responsibly arranging for the reprocessing of items that have reached the end of their useful life into new materials or products through the network of our partners.
5.3. If the lender wishes to have the items returned to them, they will have to pay a return fee of 9.90 € per consignment for preparation and delivery. This return fee will be deducted from any rental proceeds; if there are no rental proceeds, the return fee must be paid separately.
6.1. Rental proceeds are paid out to the lender on a quarterly basis, by the 15th day of the month immediately following each quarter. Each payout is for the rental proceeds from the previous quarter, less the commission fee of the marketplace (see clause 5.2), and is made in one of the following ways indicated by the lender in the delivery note:
6.1.1. transfer of the proceeds to the lender’s bank account;
6.1.2. electronic gift card from The Rewear Company;
6.1.3. donation to an association entered in the list of associations benefiting from income tax incentives;
6.1.4. allocation of the proceeds for the development of the marketplace and for raising awareness.
7. RETURN OF ITEMS
7.1. The lender may recall some or all of the clothing items at any time by sending an e-mail to email@example.com. Returns are subject to a fee (see clause 5.3). See also the marketplace’s webpage entitled Return Policy.
7.1.1. Recalling all items is grounds for termination of the agreement (see section 8).
7.2. The preparation of the return of the clothing items owned by the lender may take up to 5 business days depending on the number of items and provided that they are in the marketplace’s warehouse and not currently rented out.
7.2.1. If some of the items are currently rented out, they will be returned as soon as they are redelivered to the marketplace’s warehouse by the renter. Termination of the partnership with the marketplace and recalling of clothing items by the lender does not constitute grounds for termination of the agreement or subscription of the renter.
7.3. The marketplace will inform the lender when the clothing items have been dispatched.
7.4. The lender may not file any claims or complaints against the marketplace regarding the condition of returned clothing items, provided that they match the assessment made by the marketplace concerning the condition of the items, with respect to additional normal wear and tear of the items that has accumulated during rental of the items.
7.5. In the event that any clothing items are lost or rendered unwearable by fault of the renter or the marketplace, the marketplace will, if necessary, pay compensation to the lender in the amount of 50% of the estimated retail value of the items (see clause 4.3.2), less any rental proceeds already paid to the lender by that time. The marketplace will not pay compensation to the lender for items rented out in a satisfactory condition or items with an estimated retail price of up to 5,00 €. The estimated retail price of items is displayed on the marketplace in the product description and is also taken into account when calculating the rental price.
8. TERMINATION OF THE AGREEMENT
8.1. The lender may terminate the agreement at any time by sending a notice to this effect to the marketplace by e-mail at firstname.lastname@example.org and indicating what the lender would like to do with the clothing items belonging to them.
8.1.1. If the lender wishes to have the clothing items returned to them, a return fee must be paid (see clauses 5.3 and 7.2).
8.1.2. If the lender does not wish to have the clothing items returned to them, ownership of the items will be transferred to the marketplace.
8.1.3. The agreement will be deemed terminated once the marketplace has paid out the rental proceeds to the lender.
8.2. The marketplace may terminate the agreement with the lender without notice, if:
8.2.1. the lender’s shipment fails to reach the marketplace;
8.2.2. the lender provides false, misleading, or inaccurate information upon entry into the partnership with the marketplace;
8.2.3. the lender fails to co-operate with the marketplace (see clauses 9.1 and 9.2);
8.2.4. there are reasonable grounds to believe that the lender is committing fraud or another offence;
8.2.5. the lender knowingly and intentionally disseminates false information about the operator or the marketplace, or insults other users of the marketplace in any way or exhibits inappropriate behaviour when using the marketplace;
8.2.6. the clothing items fail to be rented out within 12 months.
8.3. If the lender does not indicate within 10 business days after receipt of a notice of termination of the agreement by e-mail from the marketplace that they wish to have the clothing items returned to them, then ownership of the items will be transferred to the marketplace.
8.4. In the event that contacting the lender proves impossible, i.e. the lender fails to respond to the marketplace’s e-mails and calls within one year (12 months), ownership of the lender’s clothing items will be transferred to the marketplace, payment of rental proceeds to the lender will be ceased, and the agreement will be deemed terminated.
9. GENERAL RIGHTS AND OBLIGATIONS OF THE LENDER
9.1. When using the marketplace, the lender is obliged to provide fully accurate information with respect to any details about the clothing items offered for rental which might influence the determination of the rental price of the items and the renter’s decision as to whether or not to rent the items.
9.2. To use the marketplace and the services, the lender must supply a valid e-mail address of theirs in the delivery note. All expressions of intent in connection with this agreement will be deemed to have been delivered upon sending them to the e-mail address indicated. If the lender’s e-mail address changes, the lender is obliged to notify the marketplace thereof immediately.
9.3. The lender affirms that they are the owner of the clothing items offered for rental by them or that they have received permission from the owner of the items to offer the items for rental under the conditions described in the agreement, as well as that by offering the items for rental, they are not infringing upon any rights of third parties (including ownership and intellectual property rights).
9.4. The lender affirms that they are aware that it is the lender’s responsibility to declare and pay any taxes (e.g., income tax) due on the rental proceeds. The lender undertakes to declare and pay the taxes.
9.5. If the lender violates the obligation to declare and pay taxes, and as a result of the lender's actions, the operator becomes liable for the payment of any taxes, then the lender is obliged to pay the operator an amount equal to such tax liability immediately after receiving a corresponding notice stating the amount of such tax liability from the operator or an amount equal to the corresponding tax liability any payment made to the lender based on the agreement shall be withheld.
10. GENERAL RIGHTS AND OBLIGATIONS OF THE MARKETIPLACE VIS-A-VIS THE LENDER
10.1. The marketplace is obliged to take good care of the lender’s clothing items. The marketplace cannot be held liable for normal and wear of, deterioration of, or changes in the clothing items due to use and care, but promises to make every effort to preserve the value of the lender’s clothing items.
10.2. Once per quarter, the marketplace will send the lender by e-mail a report on the rental and changes in condition of the lender’s clothing items.
10.3. The marketplace has the right to organise promotions, campaigns, etc. for certain clothing items at its own discretion.
10.4. The marketplace provides no guarantees regarding the rental of clothing items, the payment of rental proceeds, or the amount of rental proceeds. The marketplace cannot be held liable for any loss of revenue or other damage suffered by the lender as a result of advertising, promotions, or other such operations decided by the marketplace, including decisions made by the marketplace not to include the lender’s clothing in such operations.
11. PROCESS FOR RENTING CLOTHING ITEMS
11.1. The renter selects desired clothing items and adds them to the shopping cart.
11.2. The renter registers as a user of the marketplace by creating a user account.
11.3. The renter sets up a subscription in the shopping cart and accepts the terms of the marketplace user agreement.
11.4. The renter pays for the service by credit card. The SSL-certificate-based secure payment service is provided by the marketplace in partnership with Shopify and the payment gateways Paypal Express and Stripe.
11.5. The service is provided on a monthly basis for an indefinite period, which means that the marketplace automatically charges a recurring fee on the same date each month until the subscription is cancelled.
11.6. The fee is credited to the operator’s bank account and the subscription is deemed activated.
11.7. The marketplace prepares the clothing items, cleans them in accordance with its care instructions, and ships them to the renter using the agreed upon method within 2 business days after starting the subscription. The clothing items ordered by the renter are packed by the marketplace in a securely sealed bag or box, which we advise the renter to keep so that it can be reused for returning the items. More detailed instructions can be found on the marketplace’s webpage entitled Shipping Policy.
11.8. The renter can manage their subscription in the customer portal, which is accessible via the user account. There, the renter can view details about their subscription (e.g. products, prices, next payment date), cancel the subscription, add or remove products, enter comments and discount coupons, etc. More detailed instructions can be found on the Manage Subscription page of the marketplace.
12. FEES & PAYMENTS
12.1. The monthly subscription fee consists of a rental fee and a transport and service fee.
12.1.1. The rental fee is a charge for the use of the ordered clothing items for one month and is calculated as a sum of the rental prices of the products selected by the renter.
12.1.2. The shipping and service fee is 4.90 € per month and includes the delivery and return of the clothing items, insurance for the items (see also clause 13.6), and cleaning and care services for the returned items.
18.104.22.168. This fee covers the shipping and return of the clothing items up to once a month in each direction.
12.2. The renter may return clothing items in several batches, but in such a case, the renter will bear the costs of any returns not covered by the monthly transport and service fee.
12.3. The transport and service fee is payable on a monthly basis until cancellation of the subscription, including if the ordered clothing items are returned to the marketplace in several batches.
12.4. The subscription fee is payable one month in advance (hereinafter the period). The subscription fee is payable on the same date of each month (e.g., if the first payment is made on the 16th date of the month, all subsequent payments will be made on the 16th date of the following months; where a date of the relevant number is not included in the month, the payment will be made on the last date of that month).
12.5. The user can view the rental fee, any discount rates, the transport and service fee, the date of the order, and the date of the next payment on the marketplace under their user account by clicking on Manage Subscription. An order confirmation will be sent to the renter by e-mail.
12.6. The rental fee and the transport and service fee will not be charged for the following month if the renter suspends or cancels the subscription under the Manage Subscription section of their user account at least 5 business days before the end of the period and returns the clothing items to the marketplace by the end of the period (see section 14).
13. USAGE OF THE CLOTHING ITEMS
13.1. The marketplace cleans all clothing items in accordance with its care instructions prior to delivery to the renter.
13.2. The renter agrees to use the clothing items at their own risk; to re-clean the items if necessary due to, for example, any special health needs, etc. of the child who will be wearing the items; and to refrain from submitting complaints to the marketplace in connection with any health problems related to the use of the items.
13.3. The renter will take good care of all of the clothing items in their possession and will make every effort to preserve the value of the items.
13.4. The renter will return the clothing items to the marketplace in a condition that corresponds to the use of the items in accordance with the agreement.
13.5. The renter cannot be held liable for normal wear and tear associated with the normal use of the clothing items. Normal wear and tear means a deterioration of quality during the intended use or storage of the clothing items without intentional or accidental damage to the items. Normal wear and tear includes, for example, pilling, seams coming undone, and buttons falling off (but not becoming lost) during use and washing, as well as signs of light wear and tear on the fabric due to wearing or washing, etc.
13.6. Accidental damage, such as stains, lost buttons, broken zippers, ripped seams, or holes that are reasonably repairable, is covered by the clothing insurance included in the transport and service fee.
13.7. The renter is liable for the destruction of, loss of, theft of, and other damage (except normal wear and tear) to the clothing items while the items are in their possession, and agrees to compensate the marketplace for the costs associated with the repair or replacement of the items if necessary. The costs will be determined by the marketplace at its own discretion, but will not exceed the market price corresponding to the condition of the items at the time that they are rented out.
13.8. The renter is permitted to perform minor maintenance and repairs. For example, the renter may sew up small holes or seams that have come undone, in order to prevent the hole from getting bigger; or, if the item becomes stained, the renter may treat the stain with a suitable stain remover as quickly as possible and wash the item, in order to prevent the stain from penetrating deeper into the fabric. Such maintenance and repairs are carried out by the renter at their own risk and expense.
13.9. The renter is prohibited from carrying out any more complex maintenance or repairs which could alter the appearance or the design of the clothing items in any way. In addition, the renter is prohibited from removing labels from the clothing items. More complex maintenance and repairs include, for example, patching holes worn into the knees, mending worn collars, sleeves, or pant legs, and replacing edgings or zippers.
13.10. Wear and tear of or damage to the clothing items that occurs while the items are in the possession of the renter does not constitute grounds for seeking a reduction of the rental fee, compensation for the damage, or any other legal remedy. If the renter no longer wishes to use the clothing items for whatever reason, they may terminate the rental agreement.
14. SWAPPING CLOTHING ITEMS
14.1. If, at the end of the rental period, the renter wishes to return some or all of the clothing items in order to exchange them for new ones, the renter must log into their user account and make the corresponding changes in their subscription at least 5 business days before the start of the next period:
14.1.1. indicate the items the renter wishes to return;
14.1.2. enter the items the renter wishes to order instead;
14.1.3. update the subscription.
14.2. The marketplace will ship the ordered clothing items to the renter within 2 business days after the notification deadline.
14.3. The renter will ascertain the suitability of the ordered clothing items. If the renter wishes to return any of the ordered items, they must mark them as to be returned under Manage Subscription and update the subscription.
14.3.1. When ascertaining the suitability of the ordered items, the renter will handle and use the items only as they would normally be allowed to do at a physical store. If the items have been used for other purposes or show signs of use, the marketplace reserves the right to charge one month’s rental fee for the items and add it to the subscription.
14.4. All returned clothing items (both those that have been worn and those deemed unsuitable) must be packed in the same reusable packaging in which the new items were delivered or in the bag provided for returns, to which the included packing card must then be affixed, and returned to the marketplace by the last day of the period.
14.4.1. If using a parcel machine for shipping, the parcel must be delivered to the machine at the latest on the day immediately preceding the end of the period.
14.4.2. If using a courier service, the marketplace will arrange for the pick-up of the clothing items at the time agreed upon with the renter or by the last day of the rental period.
14.5. If the renter fails to return the clothing items to the marketplace by the last day of the period or fails to inform the marketplace in writing by e-mail at email@example.com by the last day of the period that the items may be delayed for a few days, then the marketplace will also charge the renter the rental fee for the unreturned items for the next period.
14.6. Any clothing items that are part of a set must be returned together. If the renter fails to return items that are part of a set together, they must continue paying the rental fee for the whole set until that set has been returned.
14.7. In the event that the renter does not receive the ordered clothing items, the items do not match the description posted on the marketplace (wrong size, brand, etc.), or the items have significant defects which are not listed in the product description on the marketplace, the renter must inform the marketplace by e-mail at firstname.lastname@example.org as soon as possible, but no later than 48 hours after receipt of the items, in order to prevent any possible claims from the Marketplace in the future.
15. CANCELLING SUBSCRIPTION
15.1. If the renter wishes to cancel their subscription starting from the next period, they must log in to their user account, cancel the subscription at least 5 business days before the end of the period, and return all of the clothing items to the marketplace by the last business day of the period.
15.1.1. If using a parcel machine for shipping, the parcel must be delivered to the machine at the latest on the day immediately preceding the end of the period.
15.1.2. If using a courier service, the marketplace will arrange for the pick-up of the clothing items at the time agreed upon with the renter or by the last day of the rental period.
15.2. If the renter fails to return the clothing items to the marketplace by the last day of the period or fails to inform the marketplace in writing by e-mail at email@example.com by the last day of the period that the items may be delayed for a few days, then the subscription will not be cancelled.
15.3. If the renter fails to return the clothing items to the marketplace by the last day of the period, fails to respond to reminders sent by the marketplace, and gives the marketplace reason to believe that the renter is committing fraud or another offence, then the marketplace has the right to terminate the agreement and charge the renter’s credit card for the cost of replacing the items. The costs will be determined by the marketplace at its own discretion.
16. WITHDRAWAL FROM SUBSCRIPTIONS
16.1. The renter can withdraw from their subscription under their user account before the first order has been shipped by the marketplace to the renter and receive a full refund of the payment made.
16.2. The renter has the right to withdraw from their subscription, in whole or in part, without disclosing the reason, within 14 calendar days after receipt of the first order and to receive a refund of the fee paid for the subscription, subject to the following conditions:
16.2.1. The renter fills out the withdrawal form.
16.2.2. The renter returns the clothing items indicated in the withdrawal form to the marketplace.
16.2.3. The renter bears the costs related to the returning of the clothing items.
16.2.4. The returned clothing items are unused, clean, and intact, and during the ascertaining of the suitability of the items, the renter has only handled them as they would normally be allowed to do at a physical store.
16.3. The marketplace will refund the renter the fee charged for the clothing items within 14 days after receipt of the returned items.
16.4. If the clothing items have been used for any other purposes or show signs of use, the marketplace reserves the right to charge one month’s rental fee for the items.
17. GENERAL RIGHTS AND OBLIGATIONS OF THE RENTER
17.1. The renter undertakes to pay for the rental service on time and not to fall in arrears to the marketplace.
17.2. The renter will not make the clothing items available to third parties; if they do, the renter assumes liability for the actions of those third parties.
17.3. The renter bears full liability for their user account and the activities occurring on that account. The user is obliged to keep the details (especially the e-mail address and password) of their user account secret. If an unauthorized person gains access to the user account, the user must immediately inform the marketplace and change the password.
18. GENERAL RIGHTS AND OBLIGATIONS OF THE MARKETPLACE VIS-À-VIS THE RENTER
18.1. The marketplace is obliged to provide, to the best of their knowledge, accurate information with respect to any details about the clothing items offered for rental which might influence the renter’s decision as to whether or not to rent the items. The renter understands that such information also depends on the information provided by the lender, and the marketplace cannot be held liable for false information provided by the lender.
18.2. The marketplace may, at its discretion, terminate the agreement with the renter without notice, if:
18.2.1. the renter provides false, misleading, or inaccurate information upon entry into the partnership with the marketplace;
18.2.2. the renter does not allow themselves to be contacted;
18.2.3. there are reasonable grounds to believe that the renter is committing fraud or another offence;
18.2.4. the renter knowingly and intentionally disseminates false information about the operator or the marketplace, or insults other users of the marketplace in any way or exhibits inappropriate behaviour when using the marketplace;
18.2.5. the renter fails to return clothing items to the marketplace at the agreed upon time;
18.2.6. the renter repeatedly returns clothing items to the marketplace in a condition that is not in line with the terms of the agreement;
18.2.7. the renter falls in arrears to the marketplace and fails to pay the arrears within 14 calendar days after receipt of the corresponding reminder e-mail.
19. COMPLAINTS AND LIABILITY
19.1. In the event that the user has any complaints regarding the use of the marketplace and the services, they may contact the operator by e-mail at firstname.lastname@example.org. The complaint should include the user’s name, contact details, and a brief description of the content of the complaint.
19.2. The marketplace will respond to complaints at the earliest opportunity, but no later than within 5 business days.
19.3. In order to enable disagreements to be resolved as quickly as possible, the parties are obliged to co-operate actively.
19.4. In the event that no agreement is reached, the user may bring the matter before the Consumer Disputes Committee or the courts.
19.5. In the event of non-compliance with the agreement or the conditions of the rental agreement, the user may exercise the legal remedies provided by law, including the right to claim damages. The liability of the marketplace and the operator is limited to direct material damage suffered by the user not in excess of the sums paid by the marketplace and the operator to the lender or by the renter to the marketplace and the operator over the 6 months preceding the violation. The liability of the marketplace and the operator is limited to the maximum extent permitted by law, wherein exclusions or limitations of liability do not apply where death or damage to health is caused to the other party, nor where damage is caused intentionally or through gross negligence.
20. PROCESSING OF PERSONAL DATA
21. INTELLECTUAL PROPERTY RIGHTS
21.1. All intellectual property rights (including copyright, copyright-related rights, trademark rights, database maker’s rights) relating to the marketplace and the services belong and will continue to belong to the operator or the operator’s licensors.
21.2. For the sake of clarity: the operator and the operator’s licensors also own all copyrights to any photographs of clothing items taken and/or uploaded to the marketplace by the operator.
21.3. By entering into the agreement, the operator does not grant any intellectual property rights or licences to the user.
22. CHANGES TO THE SERVICES AND THE TERMS
22.1. The operator has the right to make additions and changes to the services and to unilaterally make changes, in light of the development of the services, to the terms, its pricing policy, and the distribution of the rental proceeds at any time.
22.2. In such a case, the operator will notify the user of the changes by e-mail, stating also when the changes will take effect, which may not be sooner than 1 month after sending out the notification.
22.3. If the user does not agree to the changes, the user may terminate the agreement with effect from the effective date of the changes by notifying the operator by e-mail before the changes take effect.
22.4. If the user does not notify the operator of the termination of the agreement before the changes take effect and continues to use the marketplace and the services after the changes take effect, the user will be deemed to have agreed to the changes.
23. FINAL PROVISIONS
23.1. The legal relationship arising from the use of the marketplace and the services between the user and the operator is governed by the laws of the Republic of Estonia.
23.2. In the event of a dispute arising from the use of the marketplace, the user and the operator will endeavour to resolve it by negotiation. If no agreement is reached, the dispute will be settled by a competent court. The user may also appeal to the Consumer Disputes Committee.
23.3. All exchanges of notices and information between the user and the operator will be carried out electronically by e-mail.
23.4. In the event of any discrepancies between the different language versions of the agreement, the text of the agreement in the Estonian language will prevail.