Terms Of Service

By visiting our site and/or purchasing something from us, you may engage in the renting, lending, purchase, or sale of apparel from TheFashionClub Limited (the “Service”) and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

This page (together with the documents referred to on it) sets out the Terms that govern your use of our website www.thefashionclub.ie (the “Site”). Please read these Terms carefully before you start to use the Site. Access to and use of the Site is subject to these Terms and applicable law. By using the Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please cease using and leave the Site immediately and refrain from further access and use of it.

Information About Us

The Service and the Site are operated by TheFashionClub Limited (“TheFashionClub” or “we” or “our” or “us”). We are a limited company registered in Cork, Ireland under company number TheFashionClub. Our main trading address is: Gurteenroe, Macroom, Co.Cork Eircode :P12RX74

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General Conditions

1. Loss or Damage of Items: In the event of loss of one of our items, we reserve the right to charge you up to the recommended retail price (“RRP”) of the item via your credit card on file. In the event of returning an item damaged, we reserve the right to charge you up to the full RRP, but each case will be evaluated individually.
2. Right to Refuse Service: We reserve the right to refuse Service to anyone for any reason at any time.
3. Content Transfer: You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
4. Service Use Restrictions: You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

Modifications to the Products, Services, and Prices

1. Price Changes: Prices for TheFashionClub’s apparel, which may include, but are not limited to, dresses, skirts, tops, trousers, outerwear such as blazers, coats, jackets or stoles, shoes, accessories (including handbags, purses, wallets, etc.), or other items (the “Products”) and Services are subject to change without notice.
2. Service Modifications: We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
3. Liability: We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

The Products or Services

1. Online and In-Store Availability: Certain Products may be available exclusively online through the website. Certain Products may be available exclusively in-store. These Products may have limited quantities and are subject to use and return to us on the day specified. You agree to return these to us in good and fair condition on the date stipulated. Failure to return to us on the day specified will automatically incur a late fee as further described in Clause 9.7 below. If you do not return the item to us within 5 calendar days or return it in an unrepairable condition, we reserve the right to charge your card for the RRP of the item.
2. Product Display Accuracy: We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
3. Sales Limitation: We reserve the right, but are not obliged, to limit the sales of our Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any Product made on this site is void where prohibited.
4. Product Quality: We do not warrant that the quality of any Products, information, or other material purchased or obtained by you will meet your expectations.

Online Order Process

1. Account Registration: To place an order, you must register an account with us using the “create an account” section on the site.
2. Order Placement: To place an order, please choose the Product you require and fill in the requested information. Please check the details of your order carefully to ensure they are correct before confirming your order.
3. Product Availability: Products are hired subject to being available for rent at the time you request them. TheFashionClub will not be liable for any loss suffered by you as a result of the Products being unavailable for rent.
4. Payment Process: Once you have submitted your order, you will then proceed to a secure payment page where you will be asked for your payment details. Payment will be taken for the Products when we send you a confirmation email or other form of electronic communication containing your order reference.
5. Order Acknowledgment: After payment details have been taken, you will see an order acknowledgement page and be sent an order acknowledgement email setting out the details of your order. At this point, a contract is not yet formed between you and us.
6. Order Confirmation: Your order is an offer to us and a contract shall not be formed unless and until we send you a confirmation email or other form of electronic communication containing your order reference or supply the relevant Product, whichever occurs earlier.
7. Order Decline: At any time until you receive the confirmation email or other form of electronic communication containing your order reference, we may decline, without giving any reason, to provide you with the Product that you have ordered. At the point that we send you the confirmation email or other form of electronic communication containing your order reference and not before, a contract will be formed between us.
8. Delivery Confirmation: We will contact you once you have placed your order to check delivery details with you and agree on a delivery time. If during that call we agree with you to change any of your order details, those new details will form part of any contract formed between us and will be set out in the confirmation email or other form of electronic communication containing your order reference.

Online Payment and Pricing Errors

1. Payment: Online payment shall be taken in accordance with this Part 7.
2. Pricing Errors: If we discover an error in the price of any of the Products that you have ordered, we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order.
3. Inability to Contact: If we are unable to contact you using the contact details you provided during the order process or when setting up your account, we will treat your order as cancelled and notify you by email or other form of electronic communication containing your order reference.
4. Order Cancellation and Refund: If you decide to cancel your order after we have informed you of a pricing error and you have already paid for all or part of the Products, we will give you a full refund of the amount you have paid to us as soon as reasonably possible.

How to Cancel an Online Order

1. Order Limits and Cancellations: We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
2. Account Information Accuracy: You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
3. Pre-Confirmation Cancellation: When you place an order through our website for rental of Products, you can cancel your order at any time before you receive a confirmation email or other form of electronic communication confirming your order.
4. Refund Policy: Cancellations of orders for Products more than 10 calendar days in advance are fully refundable. Cancellations of orders for Products made within 10 calendar days are non-refundable.
5. Contact for Cancellations: If you wish to cancel your order, please contact us on [Phone Number]. Please have your confirmation email or other form of electronic communication containing your order reference to hand and be ready to quote your order reference and specify which Product you want to cancel. Alternatively, you may give us written notice of your cancellation. This can be done by emailing us at customers

[email protected] or by such other forms of electronic communication acknowledged by TheFashionClub upon receipt. You must include your order reference in the email or such other form of electronic communication acknowledged by TheFashionClub and specify which Products you wish to cancel.

Sales

The following additional conditions apply to the sale of any Products for Purchase

1. As-Is Sales: Sales of products for purchase on “As Is” basis. You acknowledge and agree that only those products for sale designated by us on the Website as available for purchase are eligible for purchase (“products for purchase”) by you – some products for purchase are available for rental only. TheFashionClub will clean and inspect products for purchase before they are delivered to you. However, all products for purchase are sold on an “as is” basis, without any warranty whatsoever, and all products for purchase sales are final, save as set out under “Returns” below.
2. Purchase Price: The purchase price (“Purchase Price”) for the products for purchase will be the purchase fee and delivery charges listed on TheFashionClub website in connection with your purchase of the products for purchase. The Purchase Price is as listed on TheFashionClub Website at the time of purchase or in an invoice sent to you from TheFashionClub. TheFashionClub reserves the right to alter the Purchase Price, discount, or availability of any particular Inventory Item at its discretion and without notice. Upon your purchase order for a product for purchase, you hereby authorize TheFashionClub (or our payment services provider) to charge your payment card for the Purchase Price. We (or our payment services provider) will charge your payment card the amount of the Purchase Price immediately upon your purchase order.
3. Returns: If you have made a purchase order and decide to return the product for purchase you have purchased (excluding items booked in the calendar booking system), you must notify TheFashionClub of such decision within a period of 24 hours from the date of your receipt of the product for purchase and you have 14 days to return the relevant products. You must then return the relevant products for purchase, at your expense, to TheFashionClub and provide a tracking number. Address details for returns will be provided once you have contacted the Customer Support team. On receipt of the relevant products for purchase, TheFashionClub will then issue you a full refund of the Purchase Price (less delivery) of the Inventory Item, so long as the Inventory Item, in our sole discretion, has not been worn.
4. Return Conditions: Returns will not be accepted, and refunds will not be issued, if TheFashionClub determines, in its sole discretion, that the relevant products for purchase have been worn, are damaged, or otherwise in a worse condition than they were when dispatched by TheFashionClub.
5. Return Method: All returns to TheFashionClub should be dispatched using a trackable method of delivery. If a track number cannot be provided and the return is not received by TheFashionClub, the customer will be liable for the full replacement value of the products for purchase.

Accessing Our Site

Your access to and use of the Site is permitted only on a temporary basis and in accordance with these Terms. We will not be liable if for any reason the Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Site.

Accuracy, Completeness, and Timeliness of Information

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Intellectual Property Rights

1. Ownership: We are the owner or the licensee of all copyright and other intellectual property rights in the Site, and in the material (which includes all content) published on it. The Site and those materials are protected by copyright and related rights by laws and treaties around the world. All such rights are reserved.
2. Personal Use: You are permitted to view the Site on a computer screen for your personal use. You may print one copy and may download extracts of any page from our Site only for your non-commercial personal reference. You may draw the attention of others within your organization to material published on the Site. Save as stated in this clause or as permitted by law, you are not permitted to distribute, modify, transmit, reuse, re-post, or use material on the Site (whether for public or commercial purposes or otherwise) without a license from us or our licensors (as applicable).
3. Modification Restrictions: You must not modify the paper or digital copies of any material you print or download, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.
4. Acknowledgment: Our status (and that of any identified contributors and our licensors) as the authors of material on our Site must always be acknowledged.
5. Breach of Terms: If you print off, copy, download, or use any material in breach of these Terms, your permission to use the Site will cease automatically and immediately, and you must, at our option, return or destroy any copies of the material you have made.

Reliance on Information Posted

Commentary, newsletters, updates, information, and other material published on the Site do not (and are not intended to) amount to advice on which reliance should be placed.

Our Liability

1. No Guarantees: The website and material/content displayed on our Site are provided without any guarantees, representations, conditions, warranties, or commitments as to its accuracy. To the extent permitted by applicable law and subject to clause 6.3, we hereby exclude all implied warranties, representations, conditions, and other terms, whether implied by statute, common law, the law of equity, course of dealing, trade use, or otherwise.
2. Exclusion of Liability: To the extent permitted by applicable law and subject to clause 6.3, we hereby exclude liability for loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with (i) use of, or inability to use, the Site, (ii) use of or reliance (by a visitor to the Site or any other person) on any material published on the Site, or (iii) loss or damage otherwise arising under these Terms, including for each case:
   • any direct loss or damage capped at a total of €20;
   • any indirect or consequential loss or damage;
   • loss of income or revenue;
   • loss of business;
   • loss of profits or contracts;
   • loss of anticipated savings;
   • loss or corruption of data; or
   • loss of goodwill,
3. Exceptions: Nothing in these Terms excludes or limits liability for death or personal injury arising from negligence, fraud, fraudulent misrepresentation, or liability which cannot by applicable law be excluded or limited.

Information About You and Your Visits to Our Site

We process information about you in accordance with our Privacy Statement accessible here. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, Hacking, and Other Offences

1. Misuse of Site: You must not misuse the Site by knowingly or negligently introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is hosted, or any server, computer, similar device, or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. If you breach this clause, all rights granted to you to use the Site will immediately revoke and cease.
2. No Liability for Technological Harm: We will not be liable
   for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer or similar device, technology equipment, programs, data, or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

Linking to Our Site

1. Permission for Links: You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
2. Restrictions on Links: You must not establish a link to the Site from any website that is not owned by you.
3. No Framing: Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
4. Link Requests: If you wish to make any use of material on our Site other than that set out above, please address your request to [email protected].

Links from Our Site

Where the Site contains links to other websites and resources provided by third parties, those links are provided for your information only. If you use such links, you leave this Site. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any liability, loss, or damage that may arise from your use of them.

Trademarks

The trademarks, logos, and service marks (together the “Marks”) displayed on the Site are registered or unregistered marks of TheFashionClub or its licensors. All rights in the Marks are reserved. These Terms do not grant, and nothing in these Terms should be construed as granting, any license or right to use any of the Marks without the prior written consent of TheFashionClub or its applicable licensors.

Prohibited Uses

You may use our Site only for lawful purposes. Without limiting the foregoing, you may not use the Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

Variation of Terms

We may from time to time revise these Terms by amending this page. You will be bound by such revised terms and conditions when you use the Site, and you should therefore periodically check this page for any amendments we make.

Severance

If any provision or covenant or obligation contained in these Terms is void, voidable, illegal, or otherwise unenforceable, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had the invalid provision eliminated.

Jurisdiction and Applicable Law

1. Jurisdiction: The Irish courts will have exclusive jurisdiction over any claim arising from, or related to a visit to and use of the Site, any material published or uploaded to the Site, or otherwise arising from or relating to the Site or these Terms.
2. Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.

Contact Us

If you have any concerns about the Site, or in the unlikely event that you wish to submit a complaint to us about the Site, its content, or a service provided by us through the Site, please contact [email protected].