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Last updated: August 2021
Please carefully read the following terms and conditions (“Terms” or “Terms and Conditions”) before using the website or any other services offered by Rites Collective Ltd (“Rites”, “we,” “us,” or “our”). This agreement sets forth the legally binding Terms and Conditions for your use of the website located at www.rites.co (“Website”) and services provided by Rites (collectively, “Services”).
IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR ANY THIRD PARTY TERMS ASSOCIATED WITH THE RITES SERVICES, THEN YOU MUST STOP USING THE RITES SERVICES IMMEDIATELY.
We reserve the right to review and amend any of these Terms from time to time with or without notice to you.
“Buyer”: means any person buying Inventory Items from the Rites Website;
“Customers”: means Renters and Buyers;
“Inventory” or “Inventory Items”: means items or items of clothing listed or otherwise made available for sale or rent over the Rites Website;
“Registrant” means any person signing up as a registered account holder on the Rites Website
“Renter” means any person renting Inventory Items over the Rites Website
“User” means any person accessing or making use of the Rites Website of Services.
“Vendor” means any Registrant listing, or otherwise making available any Inventory Items for sale or rent over the Rites Website;
1. DESCRIPTION AND USE
1.1. The Rites Website provides Vendors and Customers with a variety of resources to facilitate the buying, selling, lending and renting of Inventory Items.
1.2. Approved Vendors 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 they wish to buy or rent, the Customer can buy or rent that Inventory Item through the Rites Website.
1.3. Access to the Website is offered to those who register on the Website (“Registrants”). Following registration, all Registrants will have a unique login ID and password which can be used to access the Website.
1.4. Rites 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, Rites 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.
1.5. Subject to these Terms and Conditions, Rites 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 Website 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 Website; or (ii) introduce into the Website any virus, worm, “back door,” Trojan Horse, or similar harmful code. If you violate this section, Rites reserves the right in its sole discretion to immediately deny you access to the Website, or any portion of thereof, without notice. Rites reserves the right to change the availability of any feature, function, or content relating to the Website or Services, at any time, without notice or liability to you.
2. RITES SERVICES RULES
By visiting the Rites Website, and/or accessing and/or using the Rites Services, you hereby agree to comply with the following rules:
2.1. You will comply with all applicable laws in your use of the Website and/or the Services and will not use the Website and/or the Services for any unlawful purpose;
2.2. You will not access or use the Rites Website and/or the Rites Services to collect any market research for a competing business;
2.3. 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;
2.4. You will not “stalk” or otherwise, in any way, harass any other person or group of people;
2.5. You will not use any robot, spider, scraper, or other automated means to access the Website and/or the Services 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 Website and/or the Services for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials;
2.6. You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
2.7. You will not interfere with or attempt to interrupt the proper operation of the Website and/or the Services 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 Website and/or the Services, 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.
3. AGE RESTRICTIONS
Children under the age of 13 may not use the Website 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 Website and Services 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 Services and the rental or purchase of any Inventory Items, including all legal liability he or she may incur.
4. INTELLECTUAL PROPERTY
4.1. We are the owner or the licensee of all Intellectual Property Rights in the Services and any services associated with it, and in the material published on it (including text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2. Unless any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply, Users agree not to otherwise reproduce, duplicate, copy, resell or in any other manner re-use or exploit any part of our Rites Services or the Content on our Website or Services unless given express written permission to do so by us.
4.3. You have no Intellectual Property Rights arising from the Services and you will not use the material on our Services save as in accordance with these Terms. It is your sole responsibility to ensure you have all necessary rights and licenses to use and/or submit materials and Content to the Services.
4.4. You must not extract or otherwise use any Content or data on the Website for commercial purposes.
5. EXTERNAL SITES
5.1. The Website 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.
6. ACCESS AND AVAILABILITY
6.1. We take all reasonable steps to ensure that the Rites 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.
6.2. The Services 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.
7.1. Age Restrictions: Inventory may be rented or purchased for use by individuals under 18 years of age, but we 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.
7.2. Order limits:You acknowledge and agree that we may place limits on the rental or 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.
7.3. Delivery: All deliveries will be through Rites’s shipping partners, which may change from time to time at our discretion. We will, through the Website, through our shipping partners or otherwise, provide you with information about estimated delivery and arrival times of Inventory Items.
7.4. Making payments via STRIPE: 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.
7.5. Non Payment: 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.
The following additional conditions apply to Renters for the rental of any Inventory Item.
8.1. Rental Fee: 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 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 Website is an order for the rental of that Inventory Item, regardless of how far in advance that Inventory Item is reserved.
8.2. 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 Website or otherwise determined by Rites 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.
8.3. Cancellation Policy:If you decide that you want to cancel your rental order then subject to Clauses 8.3.1 and 8.3.2 you can cancel free of charge within 48 hours of the time at which you placed your rental order, provided by sending us an email to email@example.com with full details on the Rental you wish to cancel. Your email must be clearly headed with the words “CANCELLATION OF RENTAL ORDER” in the subject line.
8.3.1. If you wish to cancel after this 48 hour period, you will receive a refund, minus a cancellation charge of 30% of the Rental Fee payable to Rites to cover administrative costs.
8.3.2. Any cancellation made within 48 hours of the date on which the rental is to begin (hereafter “Rental Commencement Date”) will not be reimbursed.
8.3.3. In the event your Rental Request and the Rental Commencement Date are within the same 48 hour period you are permitted to cancel the rental within two (2) hours of submitting the Rental Request without penalty. Once the two hours have elapsed you are unable to cancel the Rental and you will be liable for 100% of the applicable Rental and Service Fees. Any Security Deposit being held shall be returned to you within 7 days of cancellation.
8.3.4. If we reasonably believe that you rented an Item with the intent to perpetrate a theft or to cause any other harm, we have the right to cancel a Rental without notice and charge the Renter a sum we deem appropriate up to the Replacement Value. We reserve the right to use our discretion to determine the appropriate sum in each instance.
8.4.Delivery and Shipping Addresses
8.4.1. We will dispatch your rented Inventory Items to your Secure Shipping Address (defined below). Orders placed after 12pm 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 dispatched 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”).
8.4.2. Upon delivery, you bear responsibility for the Inventory Item.
8.4.3. 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, Rites 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 Rites 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.
8.5. Use of the Inventory Items
8.5.1. Every time you Rent an Item, there will be an optional £5 damage protection charge to cover any minor stains or damage and if applicable a Security Deposit. This does not cover significant damage or theft. If the Item is damaged beyond repair or never returned you shall be charged the Replacement Value of the Item. You acknowledge that you will be solely responsible for any Items you have rented, including compensating the Vendor or Rites for any loss or damage to those items. You will also be responsible for any damage you cause to other people or property when you use those Items.9
8.5.2. Through your Rental Request, you explicitly agree with the Replacement Value of the Item provided by the Lender or Rites. By agreeing, you are accepting liability to pay the Replacement Value in circumstances of loss or damage. IF YOU DO NOT AGREE TO THIS YOU SHOULD NOT RENT AN ITEM.
8.5.3. If we reasonably believe that you have damaged or lost an Item, then we have the right to charge you up to the Replacement Value without requiring permission.
8.5.4. You are responsible for returning the Item(s) that you Rent in the same condition as they were when you received them. You are responsible for loss, destruction or damage to the Inventory Item due to theft, mysterious disappearance, fire, major stains or any other cause. 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).
8.5.5. 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).
8.6. Use of the Inventory Items
8.6.1. 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 Rites 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 an email to you.
8.6.2. With delivery of the Inventory Item, Rites will provide you with a pre-paid, pre-addressed return label as well as instructions for your use in returning the Inventory Item to Rites (“Return Packaging”). If we have provided you with an Rites carrying case, this is not yours to keep. If the Rites carrying case is not returned you will be charged a £10 fee (details below under “Lost Return Packaging”).
8.6.3. We are not responsible for any personal or other items left in the Inventory Items or which are returned to Rites 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 firstname.lastname@example.org. 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.
8.7. Extensions: You may extend your order for an Inventory Item by email to Rites; 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.
8.8. Late Fees: If you return an Inventory Item late or not at all, a late fee of £30.00 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 Rites 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 Inventory Item that is not returned when due. 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 Rites 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).
8.9. Maximum Charges: Rites 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 Rites 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.
8.10. Lost Return Packaging: If you lose the Return Packaging or Return Labels, you will be responsible for returning the rented Inventory Item at your own expense by the Return Due Date and providing Rites with a tracking number. Also, if you lose or fail to return the Rites carrying case you will be charged £10. If you still possess the Rites 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.
8.11. Limited Warranties: The following are the limited warranties Rites provides in connection with Inventory Item rentals. Rites’ 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 Rites.
8.11.1. Clean and Ready to Wear. The Inventory Items will be cleaned and delivered ready to wear. While Rites cleans and inspects each Inventory Item with the utmost care, any use of the Inventory Item is at your own risk and Rites shall not be held liable for any health-related complaints associated with any Inventory Item.
8.11.2. Sizing Returns. If your Inventory Item does not fit you, then you may return the Inventory Item to Rites. You must request the return by contacting Rites at email@example.com on the rental start date in order to qualify for a refund. Once requested, you must make sure that the item is in the post back to Rites the following day, i.e. what would have been the 2nd day of the rental. Please provide the Rites with proof of postage.
8.11.3. Once your item arrives back Rites will then offer you a full refund for the Rental Fee (less dry cleaning and delivery charges) of the Inventory Item, so long as the Inventory Item, in our sole discretion, has not been worn.
The following additional conditions apply to the sale of any Inventory Item.
Sales of Inventory Items on “As Is” basis.9.1. You acknowledge and agree that only those Inventory Items designated by us on the Website Rites as available for purchase are eligible for purchase by you – some Inventory Items are available for rental only. Rites will clean and inspect purchased Inventory Items before they are delivered to you. However, all Inventory Items are sold on an “as is” basis, without any warranty whatsoever, and all Inventory Item sales are final, save as set out under “Returns” below.
9.2. Purchase Price: The purchase price (“Purchase Price”) for the Inventory Items will be the purchase fee and delivery charges listed on the Website in connection with your purchase of the Inventory Items. The Purchase Price is as listed on the Website at the time of purchase. Rites 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 an Inventory Item, you hereby authorise Rites (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.
9.3. Returns: If you have made a purchase order and decide to return the Inventory Item you have purchased, you must notify Rites of such a decision within a period of 24 hours from the date of your receipt and you have 14 days to return the relevant Inventory Items. You must then return the relevant Inventory Items, at your expense, to Rites 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 Inventory Items, Rites will then issue you a full refund of the Purchase Price (less delivery charges) of the Inventory Item, so long as the Inventory Item, in our sole discretion, has not been worn.
9.4. Returns on international orders cannot be accepted.
9.5. Returns will not be accepted, and refunds will not be issued, if Rites determines, in its sole discretion, that the relevant Inventory Items have been worn, are damaged or otherwise in a worse condition than they were in when despatched by Rites.
9.6. Returns will not be accepted of intimate Inventory Items (such as underwear and bathing/swimming-related items) or where Rites determines that a return would be inappropriate on grounds of health, safety or hygiene (such as earrings for pierced ears).
9.7. All returns to Rites should be dispatched using a trackable method of delivery. If a track number cannot be provided and the return is not received by RItes, the customer will be liable for the full replacement value of the Inventory Items.TERMS AND CONDITIONS APPLICABLE TO VENDORS
10. COLLECTION OF PRESENTED ITEMS
10.1. Arrangements for the collection of any order or consignment of Presented Items (a “Consignment”) from the Vendor and for its for transportation to one or more of Rites’ warehouses and/or other locations, will be agreed between the Vendor and Rites at the time of each Consignment. Where collections are arranged by Rites, they will be carried out by an appointed and authorised service provider of Rites.
10.2. On surrendering items to Rites, either by post or collection, it is deemed that all terms and conditions in the Vendor Agreement or herein are accepted by the Vendor. Pricing agreed over email supersedes the signing of the Vendor Agreement and thus the website terms and conditions are in effect. Once photography has commenced, extraction costs are applicable at £5 per item.
10.3. The Vendor shall notify Rites in writing of any Presented Items within any Consignment which the Vendor intends to be made available for rental only (and not purchase) and, for any such Presented Item, an indication of what the Vendor believes to be an appropriate Replacement Value.
11. ACCEPTANCE OF PRESENTED ITEMS
11.1. Upon receipt of the Consignment, Rites will evaluate the Presented Items to determine their authenticity, quality and potential sale or rental value in line with Rites inventory policy.
11.2. Within approximately 30 business days after Rites receipt of any Consignment, Rites shall provide to the Vendor, via email or otherwise, an itemised schedule (the “Consignment Inventory Schedule”) setting forth:
11.2.1. details of the Presented Items in the Consignment that are accepted by Rites for listing on the Website (“Accepted Items”), including a short description of each Accepted Item, whether the Accepted Item is to be made available for rental and purchase or rental only and the suggested initial rental (and, where appropriate, selling) price of each such Accepted Item; and
11.2.2. those Presented Items in the Consignment that are not accepted by Rites for listing on the Website (“Non-Accepted Items”).
11.3. The determination of each of (i) whether a Presented Item becomes an Accepted Item or a Non-Accepted Item and (ii) the proposed rental and sale price for any Accepted Item will be in the sole discretion of Rites. However, ultimately the final decision on the setting and/or acceptance of the rental and sale price for any Accepted Item will be at the sole discretion of the Vendor. The Replacement Value of each Accepted Item will be in sole discretion of Rites.
11.4. Any Non-Accepted Items will be transferred to Rites ownership (and disposed of or donated to charity) or returned to the Vendor, at the Vendor’s option and expense, within thirty (30) days after Rites’ receipt of such Non-Accepted Item. Rites’ designation of any items as Non-Accepted Items shall in no way alter the effect of these Terms and Conditions as to any other Presented Item, if any.
11.5. Under no circumstances shall the Vendor be eligible for any Sales Commission or Rental Commission (each as defined below) in respect of any Non-Accepted Item.
11.6. In the event that a Non-Accepted Item is not physically retrieved by the Vendor from Rites for a period of sixty (60) days or Rites requests return shipping information from the Vendor without adequate response for a period of sixty (60) days after initial request, all applicable Non-Accepted Items shall be deemed abandoned to Rites and the Vendor shall have no further right or claim as to any such Non-Accepted Items or any proceeds thereof.
12. FAKE, COUNTERFEIT AND STOLEN PRESENTED ITEMS.
13. LISTING ON THE RITES SERVICES
13.1. Following acceptance of an Accepted Item. The Vendor hereby grants to Rites the right to illustrate and photograph any Presented Item, and to use such photographs, illustrations or images therefrom for such purposes as Rites sees fit.
13.2. You acknowledge and agree that Rites shall have the right to make minor amendments and repairs to any Accepted Items, such as the replacement of buttons, repair or hooks and eye and hem repairs. These will be carried out by a trained professional and will be at the cost of the Vendor.
13.3. The listing of any Inventory Item on the Rites Website or any third party marketplaces shall be and shall at all times remain at the sole discretion of Rites. Rites shall in its sole discretion decide whether or not to list any Inventory Item and shall be entitled at any time and for any reason to withdraw any such listing including where, in the sole judgment of Rites, the relevant Inventory Item no longer satisfies Rites inventory policy.
13.4. Initial listing Prices are set in agreement with the Vendor. While Rites representatives are on hand to offer guidance as to a suggested rental and sale price, ultimately the final decision on the setting and/or acceptance of the starting rental or starting sale price for any Accepted Item will be the sole discretion of the Vendor.
13.5. The Vendor acknowledges that Rites will designate the product category for any marketing or sales efforts in Rites sole and absolute discretion.
13.6. The Vendor agrees that RItes shall have the right to make use of all Inventory Items (including images thereof) for the purposes of or in connection with internal and external communications and marketing, such as press releases, media events and publications and photo shoots and hereby consents to Rites doing so. For the avoidance of doubt, any and all intellectual property comprised in any such images, press releases and communications shall reside with Rites and the Vendor shall have no rights in relation thereto.
13.7. The purchase price (“Purchase Price”) for the Inventory Items will be the purchase fee and delivery charges listed on the Website Rites in connection with your purchase of the Inventory Items. The Purchase Price is as listed on the Rites Website at the time of purchase. Rites reserves the right to alter the Purchase Price, discount, or availability of any particular Inventory Item at its discretion and without notice. Items may be discounted by up to 50% at the discretion of Rites after 3 months of receipt of inventory, the discount is borne by the vendor. Upon your purchase order for an Inventory Item, you hereby authorise Rites (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.
13.8. If an Inventory Item remains unsold after 6 months of receipt of inventory Rites reserves the right to discount the item up to 80% off the starting Price.
14. ACCESS TO OTHER CHANNELS
Rites may also grant the Vendor the opportunity to monetise Inventory Items via access to selected discount channels. For the avoidance of doubt, this will be on an anonymous basis.
15. WITHDRAWAL OF LISTING
15.1. In circumstances where, at any time, Rites determines that an Accepted Item is unlikely to generate sufficient further interest for rental or sale on the Rites Services or otherwise decides to withdraw the relevant Inventory Item from listing, Rites will notify the Vendor of such withdrawal (a “Withdrawal Notice”). On receipt of that notification, the Vendor shall have the option, by notice to Rites:
15.1.1. to have the relevant Inventory Item returned (at the Vendor’s expense); or
15.1.2.to grant ownership of the relevant Inventory Item to RItes, in which case Rites shall be free to dispose of the Inventory as it sees fit, including looking to monetise the Inventory Item by marking the price down and/or via discount channels’ or
15.1.3. to authorise and instruct Rites to dispose of the relevant Inventory Item or donate it to a charity chosen by Rites.
15.1.4. If the Vendor does not notify Rites of either of the options set out above within 15 business days of the Withdrawal Notice, Rites shall dispose of the relevant Inventory Item or donate it to a charity chosen by Rites.
16. INITIAL HOLDING PERIOD; RETURN OF PRESENTED ITEMS
16.1. The Vendor may request the return of any Presented Item at any time, with return shipping fees to be at Vendor’s sole expense and all risk of loss in transit to be borne by Vendor; provided, however, that during the first 120 days from the date a Presented Item is received by Rites (the “Initial Holding Period”) any such request will also incur a fee of £20 (including standard rate shipping) per item returned (the “Early Termination Fee”), to cover Rites costs of transporting, storing, cataloguing and photographing the applicable Presented Item, other than for Non-Accepted Items.
16.2. Rites shall remove any listing of any returned Presented Item from the Rites Services within a reasonable time period.
17. COMMISSIONS AND PAYMENT
17.1. Upon the successful sale of any Presented Item by Rites over the Rites Services, the Vendor will receive from Rites a commission payment in an amount equal to 60% of the net selling price for the relevant Accepted Item, excluding delivery charges (the “Sales Commission”). The Consignment Inventory Schedule will set out, alongside the initial proposed selling price for each Accepted Item, the Sales Commission that would be payable if the Accepted Item were to be sold for that initial proposed selling price. If the selling price for the item subsequently changes, the applicable Sales Commission will be adjusted accordingly.
17.2. The payment of the Sales Commission to the bank account stipulated by the Vendor shall be Vendor’s sole compensation under these Terms and Conditions in relation to the sale of any Presented Item. The Sales Commission shall reflect all applicable promotions and/or other discounts applied directly to or associated with a sold Accepted Item.
17.3. Sales Commission payments will be made to the bank account stipulated by the Vendor on the 15th of every month for items sold in the previous calendar month. For example, payments processed on January 15th would cover the sales made in December. If the 15th falls on a weekend or a public holiday in the United Kingdom, payments will be processed the following business day.
17.4. Upon the successful rental of any Accepted Item by Rites, Vendor will receive from Rites a commission payment in an amount equal to 60% of the net rental fee for the relevant Accepted Item, excluding any cleaning/repair surcharge included in the rental fee and any delivery charges (the “Rental Commission”), The Consignment Inventory Schedule will set out, alongside the initial proposed rental price for each Accepted Item, the Rental Commission that would be payable if the Accepted Item were to be rented for that initial proposed rental price. If the rental price for the item subsequently changes, the applicable Rental Commission will be adjusted accordingly.
17.5. The payment of the Rental Commission to the bank account stipulated by the Vendor shall be Vendor’s sole compensation under these Terms and Conditions in relation to the rental of any Presented Item. The Rental Commission shall reflect all applicable promotions and/or other discounts applied directly to or associated with a rented Presented Item.17.6. Rental Commission payments will be made to the bank account stipulated by the Vendor on the 15th of every month for items sold in the previous calendar month. For example, payments processed on January 15th would cover the sales made in December. If the 15th falls on a weekend or a public holiday in the United Kingdom, payments will be processed the following business day.
Risk of Loss
17.7. Except as set forth hereunder, all risk of loss or damage to a Presented Item will pass to RItes when a Presented Item is in Rites physical possession.
17.8. Once in Rites possession, Rites shall insure each Presented Item in such amounts and against such risks as to which such goods are customarily insured, including insurance for theft and damage. Goods are insured at 50% of the ‘buy’ price listed.
17.9. Notwithstanding the foregoing, Rites liability hereunder shall be limited to the lesser of (i) either (A) the amount of Sales Commission that the Vendor would have received should the Presented Item have been sold under the terms set forth in the Consignment Inventory Schedule or (B) if the Vendor has not yet received a Consignment Inventory Schedule pursuant to the terms hereunder as to such Presented Item, the amount of Sales Commission that Rites reasonably believes the Vendor would have received in the event of a sale of such Presented Item; and (ii) the amount of insurance proceeds received by Rites for such Presented Item.
17.10. Absent definitive evidence to the contrary, determinations under this Section 4 shall be made in Rites sole and absolute discretion. Furthermore, Rites shall not be responsible for any loss or damage that is specifically excluded by Rites’s insurance policy.
Title to Inventory Items
17.11. Title to and ownership in each Presented Item will remain with the Vendor until such Presented Item is:
17.11.1. sold by Rites;
17.11.2. lost or stolen from Rites’ stock on hand;
17.11.3. damaged beyond reasonable repair or destroyed while in Rites’ possession;
17.11.4. transferred to Rites
17.11.5. deemed to be a Non-Accepted Item and the Vendor has not requested that it be returned to the Vendor; or
17.11.6. otherwise not physically present in Rites’s stock on hand.
17.12. The Vendor represents and warrants that:
17.12.1. the Vendor is the sole legal owner of each Presented Item; and
17.12.2. the Vendor obtained each Presented Item in a legal manner with clear title. The Vendor warrants and represents that any description of any Presented Item provided by Vendor to Rites is true, and accurate and not misleading (including by omission) and no defects have been discovered in the item(s) that Vendor has not disclosed.
17.13. The Vendor further warrants that:
17.13.1. no Presented Item infringes upon or violates any trademark, copyright, or other proprietary right of any third party, any applicable law or regulation;
17.13.2. all Presented Items deposited with Rites are authentic; and
17.13.3. the Vendor has not made any misrepresentations with respect to the authenticity of any Presented Item.
17.14. In the event that any Presented Item or description tendered by the Vendor to Rites is deemed to be disingenuous by the trademark holder of the good, the Vendor shall assume all liability with respect to the disingenuous and infringing good(s). Furthermore, the Vendor hereby agrees to release, hold harmless, defend, and indemnify Rites and its officers, directors, shareholders, agents, and employees from any and all liability, including legal fees and costs, with respect to any claims that may arise out of RItes’s display, transport or sale of any Presented Item for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation.17.15. The Vendor further represents and warrants that no rights of any third parties or trademark holders will be violated by the Vendor’s agreement to these Terms and Conditions.
Use of Rites Website and Services
17.16. As a Vendor you agree to defend, indemnify, and hold harmless the Rites Parties (as defined below) from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms and Conditions; (ii) your misuse of the Rites Website and/or the Services; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
17.17. You will not use the Rites Website and/or the Services to find a Customer and then complete the transaction offline in order to circumvent paying Rites for the use of the Rites Services.
17.18. Other than listing, selling and making available for rent Inventory Items in accordance with these Terms and Conditions, you will not use the Rites Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme.
NONE OF RITES, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “RITES PARTIES”) ENDORSE OR RECOMMEND ANY INVENTORY ITEMS, VENDORS OR CUSTOMERS.
NONE OF THE RITES PARTIES HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY GOOD(S) YOU RENT THROUGH THE WEBSITE OR SERVICES OR ANY RESULTS CAUSED BY USING SUCH GOOD(S), INCLUDING WITHOUT LIMITATION, ANY DEATH, OR BODILY INJURY YOU MAY SUFFER.
THE RITES WEBSITE, THE SERVICES, AND THE 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 RITES 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 WEBSITE, THE SERVICES, EVEN IF SUCH RITES 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 RITES WEBSITE, THE RITES SERVICES SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE RITES SERVICES 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 WEBSITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. THE WEBSITE AND SERVICES MAY CONTAIN INFORMATION ON TYPES OF INVENTORY ITEMS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO AN INVENTORY ITEM ON THE WEBSITE 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 WEBSITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
19. TERMINATION OF THESE TERMS AND CONDITIONS
19.1. 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 Website, and/or the Services, 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:
19.1.1. The Services – Intellectual Property;
19.1.2. Terms and Conditions Applicable to Customers – Rentals – Rental Fee; Cancellation Policy; Late Fees; Limited Warranties;
19.1.3. Terms and Conditions Applicable to Vendors – Vendor’s Representations and Warranties; Indemnification; Risk of Loss
19.1.4. No Warranties/Limitation of Liability
19.1.5. Termination of these Terms and Conditions
19.2. We reserve the right to change, suspend, or discontinue all or any part of the Website and/or the Services at any time without prior notice or liability.
Communications to Us20.1. 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 Us20.2. 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 firstname.lastname@example.org. You acknowledge that opting out of receiving communications may impact your use of the Services.
21.1. These Terms and Conditions are governed by the laws of England and Wales.
21.2. 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 sublicensees.
21.1.3. Company Information. © 2021 RITES COLLECTIVE LTD. All rights reserved. Registered address: Studio 35, 105 Wilton Way, London, United Kingdom, E8 1BH.
Copyright 2021 Rites Collective Ltd. All rights reserved.