TERMS & CONDITIONS

This is how we operate! We hope we are able to answer all of your questions about DesignerShare. If you have any further thoughts, concerns or queries about the legalese you see here, please contact Bill Meyer at bill@designershare.com.

Revised July 2, 2018

PLEASE READ THESE TERMS AND CONDITIONS AND PRIVACY POLICY BECAUSE THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS

Introduction

These terms and conditions, as now in effect and hereafter modified, constitute the agreement between you and DesignerShare LLC (including any successor companies) (“DesignerShare”) regarding your use of DesignerShare’s website at www.designershare.com and any mobile or e-commerce applications, and your placement for rental, rental and use of any items.

DesignerShare provides an online platform that connects United States users who have designer apparel and accessories with other United States users seeking to rent such apparel and accessories. By using DesignerShare’s website or applications, by placing for rental, renting or using any items, or by clicking the “I agree” or similar button on DesignerShare’s website or application, you acknowledge that you have reviewed, understand and agree to be bound by these Terms and Conditions.

DesignerShare’s acceptance of your placement for rental or rental of any item is expressly subject to your acceptance of the Terms and Conditions, and you acknowledge the same by your use of DesignerShare. DesignerShare rejects any contrary terms in any other communication, and these Terms and Conditions override and supersede all other communications. If you do not agree to these Terms and Conditions, you have no right to continue using DesignerShare.

Changes in Terms and Conditions

These Terms and Conditions are effective as of the above date. DesignerShare reserves the right at any time to change the Terms and Conditions by providing notice, and by using DesignerShare after the change, you accept the changed terms.

DesignerShare may give notice by making a revision to the Terms and Conditions and changing the revision date above.

Ownership of Content

Except for materials in the public domain and the property of others under fair use, all information and content on DesignerShare, including but not limited to words, descriptions, photographs, images and text, and including the design and arrangement of the content, are owned by DesignerShare and protected in the United States and internationally under trademark, copyright, and other intellectual property laws.

DesignerShare® is a trademark of DesignerShare LLC, registered in the United States. Trademarks that are identified with particular items placed and rented through DesignerShare are the property of their respective owners, not DesignerShare.

Accessibility Policy

We proudly welcome persons with disabilities to DesignerShare and we have pledged ourselves to making sure that persons with disabilities will be able to access all of the goods, services, opportunities, advantages and accommodations offered by DesignerShare through its website, and any other applications, including mobile applications when available.

If you are having trouble accessing www.designershare.com or any other applications, please call DesignerShare at (773) 234-1734, or reach out to Bill Meyer at bill@designershare.com.  A member of our styling team will personally assist you to rent, lend or otherwise interact with DesignerShare.

Please understand that depending on the browser or other technology you utilize, you may encounter accessibility limitations that are beyond our control and that we may not be able to work around.  If you have any issues accessing our website using assistive technologies (such as screen readers, screen magnifiers or keyboard navigation, etc.) please contact us, and share information that will help us analyze the issue, including the technology, device, browser and other software you are using, and any other information about any aspect of the website that was not working as you had hoped.  For these and any accessibility problems, please call us at ( 773) 234-1734, or reach out to Bill Meyer at bill@designershare.com.

Use of Website and Applications

DesignerShare grants users a limited, nonexclusive, non-transferable and revocable license to use its website and applications only as set out in these Terms and Conditions. Only users in the United States of America are granted permission to use DesignerShare. DesignerShare does not endorse any Renter or Wardrobe. DesignerShare may revoke or limit your license, and your access to DesignerShare and any content, for any reason at any time. DesignerShare’s website and applications are only for your use in placing for rental or renting designer items by means of DesignerShare. You agree that you will impose only that usage on DesignerShare that is necessary to decide whether to place for rent or rent, or in placing for rental or renting, designer items by means of DesignerShare.

DesignerShare prohibits any unauthorized use or interference, including, but not limited, to the following:

Attempt to gain unauthorized access to, damage, disrupt or interfere with any content or features;

Intercept, archive, copy or mirror any content;

Commercially exploit, reproduce, redistribute, or make a derivative work from any content;

Use any robot, spider or other automatic device, process or means to access DesignerShare, including to extract data, scrape or harvest;

Use DesignerShare in any manner that could overburden, damage, impair or disable it or interfere with its use;

Use any software or device that interferes with the proper working of DesignerShare;

Introduce any technologically harmful or malicious material, including any virus, trojan horse, bomb or attack;

Attempt to extract source code or reverse engineer DesignerShare’s website or applications;

Infringe the intellectual property rights of DesignerShare or any party;

Create more than one account on DesignerShare unless specifically authorized in writing to do so;

Use any hidden text or metatags incorporating DesignerShare’s name or trademarks without our express written consent; and

Use any means, technological or otherwise, to hide your identity.

User Content

DesignerShare users post User Content, in the form of listings for rental, photographs and other content. You are the only person responsible for User Content you submit. You agree that you will not submit any User Content that violates the rights of others, including infringing copyrights, trademarks, trade secrets or other rights. You agree that you will not submit User Content that violates any federal, state or local laws of the United States or any other jurisdiction. You will not offer as a Lender any item for rent that you do not own or have permission to rent. You will not offer as a Lender any counterfeit or stolen goods. You agree that you will not submit User Content that is derogatory, harassing, hateful, racist, obscene, pornographic, unlawful, threatening, harassing, defamatory or otherwise objectionable, including but not limited to doing so in reviews of other Lenders or Renters. You agree that you will not submit User Content that contains fraud or falsehoods, uses false identity, a false email address, or impersonates another or is misleading as to origin. You agree that you will not submit User Content that contains viruses, corrupted files, or otherwise might adversely affect the content or operation of DesignerShare.

DesignerShare reserves the right to make edits or modifications to User Content at any time and for any reason. DesignerShare does not verify, endorse or control any User Content, and makes no representation concerning the accuracy, integrity or authenticity of User Content. Users rely on User Content at their own risk. DesignerShare disavows all liability for any losses, damages or claims arising or alleged to arise from the use or appearance of User Content.

Users by submitting User Content grant to DesignerShare a perpetual, fully-paid, royalty-free, worldwide, sub-licensable license to use, modify, publish, distribute and display such User Content in any media. Users hereby waive all “moral rights” with respect to any User Content. Users consent to the use of their names, images and likenesses submitted in connection with any User Content.

Advertising and Promotion of Lender Items

Users who are lenders also agree, from time to time on a reasonable basis, to provide to DesignerShare access to their items for promotional purposes (photo shoots, pop-up shops, advertising, and the like, etc.)  DesignerShare will use images, video and other media of these items as content in social media campaigns, on the DesignerShare website, and in other promotional materials. Lenders will provide items without payment of a rental fee, and DesignerShare will cover all costs of shipping of the item.  

Agreement as to Electronic Communication

When you use DesignerShare, you consent to receive electronic communications from us in response. DesignerShare may communicate with you in a number of ways, including by text message, email, in-app communications, posting notices or messages, and other means. You agree that all communications that we provide to you electronically satisfy any legal requirements that communications be in writing. You agree that we may save, use, or disclose any communication by you to DesignerShare. You agree to maintain a current email address with DesignerShare at all times, as well as a cell phone/smart phone number that can receive text messages. You should check your spam folder to assure that you are receiving DesignerShare’s emails. Additionally, by signing up for DesignerShare, you agree to receive marketing and advertising communications from us from time to time, including emails, unless you specifically inform us you wish to opt out of such communications.

Linking to www.designershare.com: Limited Permission

You may link to www.DesignerShare.com only if the link does not damage or take advantage of DesignerShare’s reputation. You may not suggest that we approve, endorse or are in any way associated with your products, services or activities, except with our express permission in writing. You agree immediately to remove any links to www.DesignerShare.com at our request.

Third Party Applications and Websites

DesignerShare may include technology, software, applications and links to other applications, resources and websites of third parties. Any such linkages are provided for convenience only. DesignerShare cannot control the content of third parties. DesignerShare will not be responsible for the practices of third parties, including any loss or damage you may sustain from using third-party resources.

Disclaimer of Warranties Relating to Use / Hold Harmless

DESIGNERSHARE IS PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS AND YOU USE DESIGNERSHARE AT YOUR OWN RISK. DESIGNERSHARE AND ALL CONTENT IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE, AND DESIGNERSHARE MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY TECHNOLOGY OR CONTENT PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUALITY, SUITABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE.

DESIGNERSHARE MAKES NO WARRANTIES THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USERS AGREE THAT THEY ARE RESPONSIBLE FOR THE PROTECTION AND BACKUP OF THEIR OWN DATA AND EQUIPMENT.

USERS AGREE TO HOLD DESIGNERSHARE HARMLESS FROM AND AGREE NOT TO SUE DESIGNERSHARE FOR ANY CLAIMS BASED ON THE USE OR INABILITY TO USE DESIGNERSHARE OR ITS CONTENT.

Limitation of Liability Related to Use

YOUR RENTAL AND USE OF ITEMS IS AT YOUR OWN RISK. IN NO EVENT WILL DESIGNERSHARE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE ON ANY LEGAL BASIS (CONTRACT, WARRANTY, TORT, OR OTHERWISE) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, GOODWILL, LOSS OF DATA OR ANY OTHER LOSSES ARISING FROM THE USE OR INABILITY TO USE DESIGNERSHARE OR THE CONTENT THEREIN, OR FOR YOUR RELIANCE ON THE CONTENT THEREIN, EVEN IF DESIGNERSHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

YOU AGREE, AS A CONDITION OF USE OF DESIGNERSHARE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS DESIGNERSHARE AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY LOSSES, LIABILITIES, DAMAGES, EXPENSES, AND COSTS ARISING OR RESULTING FROM ANY BREACH BY YOU OF THESE TERMS AND CONDITIONS, YOUR USE OF DESIGNERSHARE, OR USER CONTENT SUBMITTED BY YOU.

Terms and Conditions of Rental

All items listed on DesignerShare must be $200 original retail or greater.  The minimum rental fee is $20. All apparel listed must be two years old or less, or 20 years old or greater.  A Lender is free to request an exception to this rule if they believe the item will generate enough demand to warrant it.  There are no age restrictions as to handbags, shoes, and accessories.  

DesignerShare will review and reserves the right to disapprove any item that, given our expertise, will not rent. Published rental prices do not include the Lender Protection charge, cleaning and taxes, and delivery, shipping and handling, which will be charged in addition to the rental price. All payments must be in U.S. Dollars.

In consideration for the use of DesignerShare’s online marketplace and platform, DesignerShare charges the Lender, and Lender agrees to pay, a service fee of 25% of the rental price.  However, Lenders whose items are lent to a DesignerShare Front Row subscriber will be paid a flat, net rental of $85 per rental. This may be higher or lower than rentals to non-Front Row subscribers, and is subject to change at any time.   

DesignerShare also charges for dry-cleaning, and such dry-cleaning expense is split between Renter and Lender. Taxes, if applicable, are charged to and are the responsibility of the Renter, unless otherwise provided by law or regulation.

DesignerShare may, in its sole discretion, round up or round down amounts that are payable from or to Lenders and Renters to the nearest whole dollar. If you do not pay the amounts you owe to DesignerShare when due and DesignerShare files a collection action, you agree to pay DesignerShare’s costs of collection, including without limitation reasonable attorneys’ fees.

Lenders must approve a request for rental within 24 hours or it will be cancelled. DesignerShare reserves the right to reject or cancel listings for rent and rental orders for any reason. DesignerShare reserves the right to place limits on the rental of items, including but not limited to restricting orders placed by a single renter, payment card, or address.

Standard Shipment/Delivery is $6 within users in the same metropolitan area, charged to the Renter.  Delivery between Lender and Renter in the same city can usually be accomplished same day, but is not guaranteed same day.  Standard Shipment between cities is $10 each way, and is usually three days, charged to the Renter. Next Day Shipment is $35 one way outbound, charged to the Renter.  Shipping/Delivery method and carrier will be at the discretion of DesignerShare.

Standard Shipping / Delivery is free for any rental exceeding $150 in total Rental Charges.  

When you place your order, you hereby authorize DesignerShare to charge your payment card for all applicable charges immediately upon placement of the order. In addition, at the time of your rental order, you hereby authorize DesignerShare to charge your payment card for an amount equal to 200% of the original retail value of the item (when new), plus applicable sales tax.

Garment care and dry cleaning for DesignerShare in the Chicagoland area is performed by Tide Spin, and is subject to the Tide Spin Terms of Service. Please refer to http://www.tidespin.com/terms. Tide Spin’s Terms of Service are incorporated herein by reference.  Garment care and dry cleaning performed outside the Chicagoland area will be at the discretion of DesignerShare, with priority given, if at all possible, to services provided by Proctor & Gamble, or service providers affiliated with Proctor & Gamble and/or utilizing its products.  

DesignerShare is solely a marketplace for the rental of items owned by others. WE MAKE NO REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED) CONCERNING AND WE HAVE NO LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION ABOUT ANY ITEM FOR RENT. You assume the risk that information may be incomplete or inaccurate or out of date.

Special Rental Programs

From time to time DesignerShare will provide certain trial subscription programs, subject to change (including but not limited to price increases) or cancellation at any time.  We will use reasonable efforts to notify subscribers to these programs of any material changes. If such changes occur, subscribers have an option of terminating their subscription and receiving a prorated refund of any remaining subscription term.  If you continue after notice of change, we will assume you accepted the changes. We also reserve the right to terminate any individual membership in any program at any time, and will give you a prorated refund of any remaining subscription charges; however, we will not refund you if we terminate you for any conduct that, in DesignerShare’s discretion, violated these Term and Conditions or any law or regulation.  

DesignerShare Preferred – Free Shipment / Delivery

If you subscribe to DesignerShare Preferred, you will be entitled to certain benefits when you rent from DesignerShare.  

For DesignerShare Preferred you will pay a recurring and automatically renewing annual subscription charge of $50, subject to change at DesignerShare’s discretion, effective any renewal period.  If you subscribe to DesignerShare Preferred, you authorize us or our payment processor to charge your payment card for the recurring subscription fee. Subscription fees are non-refundable and may be subject to tax.  You may cancel at any time, but cancellation is effective at the end of the current annual subscription period and there will be no refund. DesignerShare Preferred renews automatically on an annual basis at the then current fee and benefits in effect, until you cancel.  

DesignerShare Preferred subscribers receive free Shipment/Delivery the same city as the lender (usually same day); free Standard Shipment nationwide (usually 3 day), and discounted next day shipping ($25 one way).  

DesignerShare Front Row

If you subscribe to DesignerShare Front Row, you will be entitled to certain benefits when you rent from DesignerShare.  

For DesignerShare Front Row you will pay a recurring and automatically renewing monthly subscription charge of $200 for the first month, and $350 per month thereafter, subject to change at DesignerShare’s discretion, effective any renewal period.  If you subscribe to DesignerShare Front Row, you authorize us or our payment processor to charge your payment card for the recurring subscription fee. Subscription fees are non-refundable and may be subject to tax. You may cancel at any time, but cancellation is effective at the end of the current monthly subscription period and there will be no refund.  DesignerShare Front Row renews automatically on a monthly basis at the then current fee and benefits in effect, until you cancel.

DesignerShare Front Row subscribers are entitled to rent up to three Items at any one time for a one-week period.  Once an item is received back another can be rented. Any item in inventory is covered, including luxury handbags (with the exception of Hermés Birkin handbags, or other identified, ultra high-value items, for which there will be an additional fee on a case-by-case basis).  DesignerShare Front Row subscribers receive free Shipment/Delivery, free dry cleaning where applicable, and the Lender Protection fee is included.

Lenders Recommendations and Courtesies

Lenders must maintain apparel items as clean before they go out for rent – so if you wear your apparel item, you must clean it before it is picked up by DesignerShare for a Renter. We recommend you use Tide Spin in the Chicago area for your personal cleaning needs like we do, as well as Proctor & Gamble services and products where available!  

DesignerShare recommends that Lenders do NOT provide duster bags and authenticity cards with handbags and similar items, but keep those bags and cards secure at home.  DesignerShare cannot be responsible for lost duster bags, authenticity cards and the like.

Please keep your handbag, shoes, accessories and jewelry clean! That also means making sure your wallet, ID card and personal items are removed before rental. DesignerShare cannot be responsible for lost personal items left in handbags, and for hygienic reasons will dispose of and not return items such as lipsticks, makeup, etc. left in a handbag. Egregious cases of dirty handbag interiors may be charged an additional $50 cleaning fee at DesignerShare’s discretion.     

Lenders set the rental price for an item. DesignerShare is permitted to adjust the rental price up or down in its discretion without further consultation with the Lender.

Receipt of Products

You agree to bear responsibility for receipt of items shipped to the location you specify for delivery. You acknowledge that a secure shipping address is highly recommended, meaning a location where an individual can physically receive items. In the event that an un-secure shipping address is provided, DesignerShare is not responsible for items left unattended. Furthermore, you agree that providing anything other than a secure shipping address may result in delivery delays and fees for which DesignerShare will not be liable. You will be liable for all such delays and fees.

Late Fees

If you return the items late or not at all, a late fee of fifty dollars ($50) will be charged to your payment card for every day that you are late, and you agree to pay such late fees up to 200% of the original retail value of the item when new plus applicable sales tax.

Cancellation Policy

When a Lender accepts a Renter’s request, the order can no longer be cancelled and the Renter will be expected to pay for the rental, plus all applicable charges. However, if a Renter experiences that an apparel item or shoe item does not fit, and informs us within 24 hours of receipt of the item, we will work with the Renter to find a substitute item or, under appropriate circumstances and subject to the sole discretion of DesignerShare, issue a credit for another rental or possibly a refund.  No credit or refund will be issued for items that have been worn, as determined in DesignerShare’s sole discretion.

Limited Product Warranty

You understand that DesignerShare does not attempt to verify the statements of users to review or verify any item for rent. DesignerShare’s only warranty or obligation and your only remedy against us is for us to refund the rental fee for an item. ALL OTHER WARRANTIES AND REMEDIES WITH RESPECT TO ANY ITEM RENTED ON DESIGNERSHARE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, ARE DISCLAIMED. SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT IN ALL JURISDICTIONS WE DISCLAIM IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability Concerning Items

IN NO EVENT WILL DESIGNERSHARE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE ON ANY LEGAL BASIS (CONTRACT, WARRANTY, TORT, OR OTHERWISE) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, GOODWILL, OR ANY OTHER LOSSES ARISING FROM THE RENTAL AND USE, OR INABILITY TO USE, ANY ITEM, EVEN IF DESIGNERSHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DESIGNERSHARE’S TOTAL LIABILITY TO YOU FOR ALL CAUSES OF ACTION, DAMAGES OR LOSSES EXCEED THE RENTAL CHARGE FOR THE ITEM THAT GIVES RISE TO THE CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE LIMITATIONS OF LIABILITY DESCRIBED ABOVE MAY NOT APPLY TO YOU. YOU AGREE THAT IN ALL JURISDICTIONS OUR LIABILITY FOR YOUR RENTAL AND USE OF ANY ITEM IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW TO THE RENTAL CHARGE FOR THE ITEM. ANY CLAIM OR ACTION BROUGHT AGAINST US ARISING OUT OF ANY ITEM RENTED MUST BE BROUGHT WITHIN ONE YEAR AFTER THE ITEM WAS RENTED.

Security Deposit, Lender Protection and Damage to Items

DesignerShare will place a refundable security deposit hold on the payment card of renters of certain items, which will be refunded upon return of the item undamaged.  This will include a $50 deposit on jewelry, and a $100 deposit on handbags. DesignerShare retains discretion to impose a higher security deposit, determined on a case-by-case basis, on other items of high value.    

DesignerShare requires that Renters pay a Lender Protection charge covering the wardrobe items they rent. This protects the Lender only (and NOT THE RENTER) against loss and damage to their wardrobe items, up to a fair market value limit of $10,000, unless otherwise agreed upon in writing. Renters remain responsible for all losses and damage to the wardrobe items they rent.

The Lender Protection charge is $5 per item rented, with the exception of Hermés Birkin handbags, or other identified, ultra high value items, for which there may be an additional fee on a case-by-case basis.    

Other than loss and damage to wardrobe items covered by Lender Protection, DesignerShare is not responsible for any losses, damages or harm resulting from any user’s interaction with any other user. By using DesignerShare, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from DesignerShare with respect to such actions or omissions.

Renters are advised to inspect items immediately upon receipt and must bring to our attention any problem with or damage to an item within 24 hours of receipt or will risk being held responsible for any damage.

In the event that a Lender of DesignerShare claims that an item has been destroyed, damaged or stolen, as a Renter you agree to pay the cost of repairing or replacing the damaged item. As a Renter, you are responsible for returning the item in the condition it was in when you received it, less any reasonable wear and tear.  You agree to treat items with great care, as if borrowed from a friend! Renters–this means using common sense. Wearing a DesignerShare rental gown while drinking a glass of red wine and riding a golf cart to make your entry to a gala is ill-advised. You wouldn’t do that to a dress borrowed from a friend–so do not do it to a DesignerShare Lender! Please keep rented items including handbags, shoes, accessories and jewelry clean!  That also means making sure your wallet, ID card and personal items are removed before returning your rental. DesignerShare cannot be responsible for lost personal items left in handbags, and for hygienic reasons will dispose of and not return items such as lipsticks, makeup, etc. left in a handbag. Egregious cases of dirty handbag interiors may be charged an additional $50 cleaning fee at DesignerShare’s discretion.

If a Lender or DesignerShare makes a damage claim, you as a Renter will be notified of any damage claim and given forty eight (48) hours to respond. Thereafter, DesignerShare will collect any such costs from you. DesignerShare also reserves the right to otherwise collect payment from you and pursue any avenues available to DesignerShare in this regard in situations in which you have been determined, in DesignerShare’s sole discretion, to have damaged, destroyed or stolen any item. All users agree to cooperate with and assist DesignerShare in good faith, and to provide DesignerShare with such information as may be reasonably requested, to assist DesignerShare in investigating and resolving any claim. Lenders are advised to inspect items immediately upon return from rental and must bring to our attention any problem with or damage to the item within 24 hours of receipt or waive their claim.

Sizing Returns

If a Renter experiences that an apparel or shoe item does not fit, and informs us within 24 hours of receipt of the item, we will work with the Renter to find a substitute item or, under appropriate circumstances and subject to the sole discretion of DesignerShare, issue a credit for another rental or possibly a refund.  No credit or refund will be issued for items that have been worn, as determined in DesignerShare’s sole discretion.

Taxes

You understand and acknowledge that appropriate governmental agencies, departments or authorities may require Taxes to be collected from Users on the amount paid for rental or otherwise, and to be remitted to the respective tax authority. The laws in jurisdictions may vary, but you hereby authorize DesignerShare to take any actions required to comply with tax obligations under law. Tax regulations may also require us to collect appropriate tax information from our Lenders, and possibly to issue tax forms or take other actions required under IRS and state income tax regulations. You as a Lender are solely responsible for keeping the information in your tax forms current, complete and accurate, and you understand and agree that you are solely responsible for determining your own applicable income tax reporting and payment obligations. DesignerShare cannot and does not offer tax advice. DesignerShare reserves all rights to take any actions required to assure compliance with tax regulations and law. If you as a Lender fail to provide DesignerShare with documentation or cooperation required under tax law, we reserve the right in our sole discretion to freeze all rental payouts to you until resolution or take other action, including as required by law.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to DesignerShare. You may submit Feedback by emailing us, through the “Contact” section of DesignerShare, or by other means of communication, including by phone and on our chat box. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of DesignerShare and you hereby irrevocably assign to DesignerShare and agree to irrevocably assign to DesignerShare all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.

Generally Applicable Terms

Jurisdiction, Choice of Law and Jury Trial Waiver

Our relationship shall be entirely governed by and interpreted in accordance with the laws of the State of Illinois and applicable U.S. federal law, without giving effect to conflict of law principles of any jurisdiction. You consent to the jurisdiction of the courts located in Chicago, Illinois in connection with any action, except that proceedings to enforce a resulting order or judgment may be brought in any applicable forum.

Notices

Any notices or other communications permitted or required hereunder will be in writing and given by DesignerShare (i) by email (to the address that you provide) or (ii) by posting to the site or application.

Force Majeure

DesignerShare will not be liable for any impairment of performance caused in whole or in part by acts of God, labor disruptions, acts of war, terrorists, criminals, hackers or vandals, governmental decrees or controls, riots, epidemics and quarantines, communications disruptions, power failures, accidents, explosions, fires, inability to obtain or ship products, inability to obtain licenses or permits, shortages or inability to obtain supplies or raw materials, severe weather, natural disasters and catastrophic events, or any other occurrence which is beyond DesignerShare’s reasonable control in conducting business.

Waiver

The failure (with or without intent) of any party to insist upon the strict performance by the other party of any provision of the Terms and Conditions shall not be deemed to constitute a modification of, or a waiver of the right to insist at any time thereafter upon performance strictly in accordance with, any of the provisions of the Terms and Conditions. No waiver of any provision of the Terms and Conditions shall operate as a waiver of any other provision of the Terms and Conditions, and no waiver of any provision of the Terms and Conditions shall operate as a continuing waiver of that provision.

Assignment

You may not assign or transfer these terms and conditions, by operation of law or otherwise, without DesignerShare’s prior written consent. Any attempt by you to assign or transfer these terms and conditions without such consent will be null and of no effect. DesignerShare may assign or transfer these terms and conditions, at its sole discretion, without restriction.

Severability

In the event that any provision of the Terms and Conditions is held illegal, invalid or unenforceable for any reason, that illegality, invalidity or unenforceability shall not affect the remaining provisions of the Terms and Conditions, in which event they shall be construed and enforced as if that illegal, invalid or unenforceable provision had never been inserted in them.

Independent Relationship

Nothing provided shall be deemed to create any relationship between us of employment, partnership, joint venture, agency, representation or franchiser-franchisee relationship. YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF DesignerShare, INCLUDING BY INAPPROPRIATELY USING ANY DesignerShare INTELLECTUAL PROPERTY.

Credit Reports and Background Checks

By registering for a DesignerShare account, you agree that DesignerShare may – but is not obligated to – request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act. Likewise, you agree that DesignerShare does not have an obligation to conduct background checks on any user but may conduct a background check in its sole discretion.

Intellectual Property Rights

Any person may report to DesignerShare any alleged violation of intellectual property rights, including but not limited to allegations that an item listed is not authentic.  All inquiries should be directed to bill@designershare.com. DesignerShare reserves the right to take any or all appropriate action(s), from removing or modifying a listing, barring any user from DesignerShare, and/or taking appropriate legal action.  

Privacy Policy

This Policy is intended to help you understand how DesignerShare collects, uses and safeguards personal and other information.

Your Responsibilities

For your protection, you should keep your password confidential and control access to your computer and any devices through which your account may be accessed. You are responsible for all of your account activity. DesignerShare will not be liable for damages arising from your failure to maintain confidentiality or otherwise adequately to protect your account. You represent and warrant that all information that you provide in connection with your account is accurate, truthful, current and complete. DesignerShare reserves the right to deactivate, deny or discontinue your account at its discretion. You assume all risk that your account may be accessed without your permission. If you discover or suspect that the security of your account has been breached, you must let us know immediately. You agree that you will take sole responsibility for any activities or actions under your DesignerShare Account, whether or not you have authorized such activities or actions.

Information We Collect and Use

When you use DesignerShare, we need to know personal information, including (but not necessarily limited to) your name, e-mail and shipping addresses, phone number and your billing information so that we can facilitate your transaction. We may also request information of this type from you when you contact us for customer service, so we can respond appropriately.

We may provide your personal information to third parties who provide certain services, like delivery, payment processing, dry-cleaning, and repair. We also reserve the right to disclose without notice to you any information in our possession if we believe we are required to do so by law, to protect or defend our rights or property, or to respond to an emergency.

DesignerShare is not intended for use by, and DesignerShare does not intend to collect personal information from minors. Minors are directed not to use DesignerShare for any purposes, and use of DesignerShare by anyone under 18 is expressly prohibited.  If a transaction is made by the minors’ parent or guardian, the minor may use the apparel items, but the parent remains responsible. By accessing or using DesignerShare, you represent and warrant that you are 18 or older.

The security of your information is important to us. While we endeavor to use reasonable efforts to safeguard the confidentiality of your information, the Internet and other e-commerce channels are not totally secure. Due to the possibility of transmission errors, hacking or other unauthorized third-party activities, we cannot guarantee that personal data transmitted to DesignerShare will remain secure. If we become aware of a security breach, we will make all legally required disclosures consistent with our ability to determine the scope of the breach, our need to restore the integrity of the system and the needs of law enforcement.

Reservation of Rights

We reserve the right to change the Privacy Policy at any time by providing notice to you. We will notify you of changes to the Privacy Policy by one or more of the following: (i) electronically notifying you through our website, by e-mail or other electronic means, or (ii) revising the Privacy Policy and changing the Date appearing herein.

By clicking the “I agree” button in connection with an electronic notification of a change, by using DesignerShare, or by renting through DesignerShare after the new version date, you accept the revised Privacy Policy.

Questions about Terms and Conditions

If you have any questions about these terms and conditions please contact DesignerShare at bill@designershare.com.