HIGHER.STUDIO (Higher State Industries ltd.) Terms of Service For Clothing and Accessories Owners Renting Items Through The Higher Studio Rental Platform
Effective Date: These Terms were updated on the 4 December 2018
The following Terms of Service (“Terms”) between you, (“you” or “your” or “the owner”) and us, Higher State Industries ltd., (“higher.studio,” “we,” “our,” “us,” or “H.S”) describes the terms and conditions by which H.S facilitates rentals of clothes and accessories owned by you to our customers (customers, members or users). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
These Terms of Service will be active until new terms have been issued and agreed on or until either H.S or You, The Owner has formally terminated the agreement. By agreeing to the terms of service, you agree to a minimum 3 month contractual relationship.
PLEASE READ THESE TERMS CAREFULLY. BY AGREEING OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
ABOUT THE SERVICES
Through the Services, we aim to facilitate rental of the clothes and accessories set out in your inventory to our customers, charging a platform fee that is deducted from the revenue earned.
Modification of the Services or the Terms
H.S may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, H.S will use commercially reasonable efforts to notify you of material changes to these Terms by sending emails to the email address you provided to H.S. as stated on your form.
HOW OUR SERVICE WORKS
Higher.studio facilitates the rental of clothing and accessories via PAY-AS-YOU-GO and SUBSCRIPTION rentals. Owners of items can submit pieces to rent but we ultimately curate the selection on offer.
PAY-AS-YOU-GO pricing is usually between 10-20% of the items value per week of rental but the owners of the items are free to choose their pricing with H.S ultimately approving whether the items will be listed on the website.
Subscribers choose either 1, 2 or 3 items at at time. For a flat monthly fee, these items can be swapped unlimited times.
1 item with unlimited swaps: £85 a month
2 items with unlimited swaps: £150 a month
3 items with unlimited swaps: £215 a month
Prices for all rentals are inclusive of:
A courier service for delivery and pick up within the UK
cover for minor damage (see below for what this covers. Customers are liable for major damage)
Laundry (Eco-friendly wet cleaning whenever possible)
ELIGIBILITY AND VERIFICATION
Children under the age of 16 may not use The Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 16 years of age may use the Site under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any clothing or accessories (“ITEMS”) via the Services. A parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 16 and 18 is fully responsible for his or her use of the Services and the rental or purchase of any Items, including all legal liability he or she may incur.
Safety of items / Customer ID verification
Customers will need to provide proof of address as well verify their ID.
On becoming members, customers will authorise us to deduct up to 200% of the value of any item in the case of loss, damage or late returns. Before an item is delivered, customers will be notified of the value of the items in their possession.
PLATFORM FEES AND RECEIVING PAYMENTS
On the 10th of each month, the revenue received from the previous month will be split and transferred to your account.
OUR FEES AND VAT
Our platform fee is 55% and this will be deducted from your earnings. If you are VAT registered, it is your responsibility to pay VAT from your earnings.
All items rented will be recorded in your account with the breakdown of revenue and how it’s split.
You are free to choose a suitable price for items you own but these will be subject to our approval.
Item owners can choose whether or not their items will be available on subscription but ultimately, we will choose whether or not the item will be listed on the website. For items that are available to subscribers, all earnings from these items (whether it be pay-as-you-go earnings or subscription earnings) will be compiled before being split between the owners of the items rented. This will be split directly proportional to the weekly rental value of the item (the PAY-AS-YOU-GO value) and the number of days the item has been rented that month.
This is a simple example of how earnings would be split:
Let’s imagine 3 items are rented during the month.
Customer 1. An item with rental value £25/week is rented for 15 days within a 1 at a time subscription (£85/month)
Customer 2. An item with rental value £50/week is rented for 15 days within a 1 at a time subscription (£85/month)
Customer 3. A £100/week value item is rented for 1 week to a PAY-AS-YOU-GO member
Total revenue would be £85 + £100 = £185
As a ratio between the 3 items
item 1: item 2 : item 3
(£25x15days) : (£50x15days) : (£100x7days)
15 : 30 : 28
When you split £185 using this ratio:
Item 1 : item 2 : item 3
£38.01 : £76.03 : £70.96
Item 1 earns £38.01.
As the owner of the item, subject to our approval, you can give discounts but the discounted amount will be deducted from your share of the rental. Discounts can only be given on PAY-AS-YOU-GO rentals and not to subscribers.
PRESS AND INFLUENCER MARKETING
HIGHER.STUDIO will at times need to use the items in its own marketing content. By renting through H.S, you agree that we have the authority to promote our stock appropriately.
Both the owner and H.S may want to lend out items to promote the service. We offer use of our items to particular stylists, press, influencers and photographers that we have a relationship with. Any other stylists, photographers or influencers will be treated as a customer and subject to our fees. If, as the owner, you’d like your items to be lent to a particular person, you can suggest them to us and it’ll be at our discretion whether or not we agree. Additionally, if there is a particular stylist/publication or influencer we work with and you don't want your items lent to them, you can let us know.
higher.studio packaging consists of tissue paper and reusable boxes or garment bags with hangers. Boxes are our default. Any packing instructions that differ from these should be stated in the inventory.
With each rental, we will include care instructions. Any specific care instructions should be stated in the inventory.
Each rental will come with a delivery sheet that clarifies the main points of the rental terms, in particular that the customer should never share, wash or alter the items they are renting.
BOOKING AN ITEM / ACCESS / RENTAL PERIODS
Items are kept at higher.studio can be ready for next day delivery and in some cases, a 90 min delivery at an extra cost.
PAY-AS-YOU-GO customers can reserve rentals ahead of time but not on items that are currently being rented. For items currently being rented, the customer can add themselves to the waiting list for this item and once it’s available the customer will be able to rent it.
Items stored in the studio will be kept at 145 Hoxton street, N1 6QG. They will be kept on a rail on metal hangers unless otherwise stated in the inventory.
LOSS, DAMAGE, THEFT WHILST WITH CUSTOMER AND DIFFICULTIES WITH RETURNS
LOSS AND THEFT
In the case of an item being lost or stolen whilst on loan, the customer may have to pay up to 200% of the full value of the item stated on their rental confirmation, though the standard amount will be 100% of the value plus an admin fee of 5% of the full item value. This is to ensure that customers do not claim loss or theft in order to keep the item. We will notify the customer and allow one week before attempting to claim the amount. During this process, we’ll keep in contact with the customer through phone and email.
Customer pays: up to 200% of value, standard payment 100% + 5% of the full item value
Higher.studio: keeps 5% of the full item value and any additional payments above the replacement cost
Owner of item: receives replacement cost
WEAR AND TEAR
Wear and Tear is the responsibility of the brand or owner of the item.
Definition: ‘Wear and tear’ is natural, gradual and inevitable damage that occurs as a result of appropriate use or ageing.
To determine whether damage is through wear and tear will require a reasonable negotiation between the brand and H.S.
If the owner is the creator of the item, they can either repair the item themselves or if the owner prefers, higher.studio can repair the item and deduct the repair cost from the owners account.
If the owner of the item doesn’t want to repair the item, the item can be returned to the owner or the item can be donated to higher.studio where it will be repaired or upcycled depending on the condition of the garment. If an item is donated, H.S will keep all earnings from the item from that point on.
If the owner is not the creator of the item, to be sure that the item is fixed to the right standard, the item must be fixed professionally. We can get the item fixed for the owner, but the cost will be deducted from their account. If the owner gets the item repaired themselves and it is not done to an acceptable standard to deem it rentable, we can end the rental contract for the item.
If the owner would like us to arrange delivery and pick up of the item before and after repair, the cost of delivery will be deducted from their account. Alternatively the owner can collect and drop off the item themselves to H.S at no cost.
Customer: pays nothing
Owner: fixes themselves or pays the cost of repair. This is deducted from their account. Or the item is returned. Or the item is donated to higher.studio. Delivery will be charged separately if required.
Higher.studio: higher.studio pays nothing
MINOR ACCIDENTAL DAMAGE
HIGHER will cover minor damage.
Definition: Accidental damage is damage that occurs suddenly as a result of an unexpected and non-deliberate external action. We will cover minor accidental damage such as small stains and broken zips.
Customer: pays nothing
Owner: either repairs the item and receives payment to do so or H.S will fix the item
higher.studio: pays cost of repair to owner or fixes the item with permission from the owner
A person that acted negligently is required to compensate for damage.
Definition: Damage due to negligence is damage occurred through not following our care instructions, or from inappropriate use. A person has acted negligently if he/she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances.
A customer must agree to treat items hired with the utmost respect. None of our items should be altered or cleaned by the customer. A customer should not attempt to wear clothes that are too tight or too long and trail on the ground. If we have good reason to believe that someone has acted negligently, higher.studio will ask them to pay for repair or replacement and an additional 5% of the cost of repair or replacement to cover admin and payment fees. In reality, it will be difficult to determine whether damage is due to negligence.
Customer: pays for cost of repair, loss of value to the garment or cost of replacement + 5% of cost
Owner: Receives compensation for loss of value to the garment or cost of replacement
Higher.studio: Receives 5% of cost of repair or replacement from customer
MAJOR ACCIDENTAL DAMAGE
Higher studio will not cover major damage that deems the items unwearable without significantly altering the item. We will also not cover damage due to animals (pets, insects or rodents). Damage due to animals is often categorised as major damage.
In the case of major accidental damage, meaning the item cannot be repaired or must undergo serious modification to return the item to its original value, the customer will be liable to pay up to 100% of the value of replacement. If any value can still recovered from the item by greatly modifying the item, then the owner can choose to charge less then the full amount of replacement. The amount to be paid for the damage will be up to the owner of the item. The owner of the item will need to provide documentation to back-up their claim for reimbursement and we will ensure that the claim is reasonable.
The payment should be made to higher studio immediately unless otherwise agreed and the customer must return the item to higher studio. It is then up to the brand whether they retain ownership or give the item to the customer. Once all matters have been agreed, the payment will be transferred from higher studio to the brand/owner.
The customer will also need to pay a 5% admin fee to higher studio on the agreed amount of compensation.
Customer: pays cost of replacement or reasonable cost agreed by higher.studio and the owner/brand to the owner/brand + 5% admin fee to higher studio. There may also be late fees to cover for not returning an item on time which are charged at £50/day. All replacement fees for the actual item will not exceed 100% of the item replacement value excluding the 5% admin charge.
Owner/brand: receives cost of replacement or reasonable cost agreed by higher.studio and the owner. Item is returned to the owner/brand.
Higher.studio: Receives 5% admin fee from customer.
For expensive items, we recommend that the customer checks if their household insurance will cover for loss, theft or damage before renting the item.
If a customer has numerous cases of loss or damage, it is at the discretion of higher studio whether or not to continue their membership. If we cancel their membership, the customer will have one week to return items they are currently renting.
Renting responsibilities for the brands/owner:
All owners/brands have a responsibility to ensure their items are in a rentable condition. Damages that are incurred because an item is not in a rentable condition are not the fault of the customer or higher studio. For example, if an item cannot get wet (such as a slight rain shower) then this item should either not be available to rent via higher studio or it must explicitly state on the instructions that the item cannot get wet with higher studio fully aware of this instruction. Using the same example, if the customer rents said item with no knowledge of any rental precautions and the item becomes ruined because of water or wear and tear, then this becomes the responsibility of the owner/brand. Higher studio and the customer will not compensate for any damages unless it is explicitly stated on the item instructions.
All owners/brands must ensure that items rented via higher studio come with clear washing or specific care instructions which are sewn onto a label directly on the item. If the item has no label then the owner/brand must email higher studio a document with clear instructions regarding how to wash the item/care for the item. If higher studio receives no document or the item has no label then the item will be returned to the owner/brand to clean themselves or the item will not be rented. Higher studio/the customer has no responsibility regarding the outcome of how the item is cleaned in this instance and it is up to the owner/brand to wash the item in the way they deem fit and take full responsibility for its cleaning.
Whenever possible, higher studio will use professional wet cleaning methods to wash all items unless otherwise stated on the label. The majority of items can be cleaned this way with professional wet cleaning being the more environmentally friendly and safer way to clean items. Professional wet cleaning does not use toxic chemicals in comparison to dry cleaning methods which in turn can be harmful to those employees working in that environment. We hope that brands will follow us and suggest wet cleaning rather than dry cleaning.
RECALLING ITEMS AND LATE CUSTOMER RETURN FEES
If an item is returned late and the customer has not been in touch to notify us to extend their rental, a customer will be fined £50 for everyday an item is late, up to 200% of the stated value of the item. If 200% of the value of the item has been deducted from the customer’s card, the item will be theirs to keep and H.S will terminate the membership and customer account.
Customer: pays £50 a day up to 200% of the value of the item. If 200% of the value of the item is paid, the customer can keep the item.
Owner: receives the replacement cost of the item if the item is not recovered
Higher.studio: receives late fees
INSTRUCTIONS FOR CARE FOR CUSTOMERS
Customer must follow the instructions on the care sheet provided and the general instructions on the delivery sheet.
Customer must not:
Alter or repair items
Wash items themselves or instruct others to do so
Use pins or any other fastenings
Wear jewellery, accessories or anything else that might snag the fabric
Wear items that don’t fit: avoiding items that are too small or too long
Let others wear the items (in the case of someone paying for a membership on behalf of someone else, this must be declared and the person intending to use the items must be stated)
We ask that customers notify us as soon as possible if an item is damaged or dirty.
INVENTORY AND CHANGING DETAILS
We will need to reassess the inventory every 6 months to check the condition of items. In particular, we need to make sure that the value of the garment stated is up to date. You will be emailed your completed inventory, and you'll need to check and accept what it states together with accepting these Terms.
VALUATION OF GOODS
Valuation of goods will be negotiated between you and higher.studio to make sure that they are reasonable market value. If we are unable to come to a reasonable valuation, we will not accept the items into higher.studio’s collection.
CLEANING AND CARE BY HIGHER.STUDIO
Unless stated in the inventory, cleaning will be done by our cleaning partners. If cleaning instructions given by you are followed, but damage occurs, we will not take responsibility. If an accident occurs and/or cleaning instructions were not kept to, we will take responsibility and compensate you for the loss of value to the item up to 100% of the replacement value of the item as agreed in the inventory. It will take us up to 1 month to pay this compensation.
RENTAL RESTRICTIONS / PRICING
You can choose whether you want to allow items to be included in our subscription service.
For PAY-AS-YOU-GO, you can choose your weekly rental price. This is usually between 10-20% of the items value.
Our prices start at £25/week but items priced at £25/week must be small, light, machine washable and easy to press. Any bulky and non-standard items should be priced at £50/week or over. After you’ve chosen your desired pricing, we’ll assess it and ask you to review any pricing we feel isn’t reasonable.
LOSS, DAMAGE OR THEFT WHILST WITH HIGHER.STUDIO
Loss, theft or damage beyond repair
In the case of an item being lost, stolen or whilst with higher.studio, higher.studio will have to pay the replacement value of the item as stated on the inventory. If damage occurs due to how we have cared for an item whilst we followed instructions given, we will not take responsibility. If damage is through our negligence, we will take responsibility and compensate.
REPAIRS AND PROCEDURE FOR COMPENSATION FOR DAMAGE
If damage occurs and the customer or higher.studio is liable to cover it, we’ll notify you immediately but compensation may take up to a month to be received. Even if we don’t receive compensation from the customer, we’ll compensate you within 2 months.
If damage is minor, we’ll either instruct our third party repairing service to fix the items, or, if you prefer, we’ll compensate you for the cost of repair or loss of value to the item.
If you use our third party repair service, we’ll confirm with you how the repair will be done, doing our best to explain clearly and you’ll have the option to cancel the repair. Unless the repair clearly differs from our description, we will not take responsibility if you are not happy with the repair.
If an item has major damage, it will be taken out of the collection and it will be up to you how and if it should be repaired and whether or not it should then continue to be rented.
TERMINATING THE TERMS AND CONDITIONS AND RETURN OF GOODS
Every 3 months, we’ll reissue the Terms and Conditions making any necessary changes. Each contract is for a 3 month period, but unless another contact has been agreed or we or you choose to terminate the contract, this contract will still be active.
Early termination of contract
If you’d like to terminate the contract before the 3 month period, we’ll need 14 days notice so that we have time to recall the items. If you’d like to terminate the contract because higher.studio has not met the terms of the contract and there is grounds to believe this is true, there will be no fine for early termination. But if you are terminating for reasons outside of our control, we ask you pay us a compensation of £50 per item.
For owners who are not the creators of the items: you are renting your items to H.S under the good faith that all garments/accessories are genuine pieces from the brand you say they are from. If Items are purchased from Ebay, charity shops or vintage shops instead of directly from the brand, you must have verified that the item is genuine. This could be by checking the item against one directly from the brand and/or checking the labelling and finishings of the garment. If it is believed that items you rent via H.S are found to be imitations or fakes, with your prior knowledge or lack of thorough examination, then this will be seen as a breach of contract and you will be banned from renting with H.S. You will be charged a £50 admin fee per item for ending the contract early. If a customer that rented the item wants to reimbursed, this should also be covered by you, the owner.
PROVIDING US WITH ITEMS THAT ARE RENTABLE
We must make sure that our customers receive items that are clean and in a wearable condition. When provided with items for rental, its vital that we are told whether or not clothes are clean. If clothes are not clean but we wish to rent them, we can clean them for you and a cleaning charge will be deducted from your rental. The cost of any repairs that need to be done before renting starts will also be deductible from your rentals.
COMMUNICATION BETWEEN HIGHER.STUDIO AND YOU
HIGHER.STUDIO will communicate with you through the email and phone number provided. You must be contactable at some point each day between the working hours of 9 till 7 and if not, it is your responsibility to provide us with an alternative contact.
HIGHER.SUDIO will be contactable at some point between 9 and 6 daily through the email and and the phone number 07846202269. If we are not available, we will give you an alternative contact number.
COMMUNICATION ABOUT YOU BY HIGHER.STUDIO
If the owner is the creator of the items:
When sending out press releases and other communication about you (the brand and owner), we will attempt to seek your approval but we will have the final say. However, we have a responsibility to follow your guidelines and best interest. Our final say will be used as a last resort only in circumstances such as an urgent situation and the inability to get approval.
If the owner is not the creator of the items:
We will keep your identity as confidential information unless you have stated your wish to be advertised as the owner of the items. You may wish us to promote you as the owner to increase the likelihood of your items being rented. If so, please do let us know.