HIGHER.STUDIO (Higher State Industries ltd.) Terms of Service For Members (Personal Use) and Clients (Business Use)
Effective Date: These Terms were published on 1st June 2018
The following Terms of Service (“Terms”) between you, (“you” or “your” or “the member” or “the client” or “the customer”) and us, Higher State Industries ltd., (“higher.studio,” “we,” “our,” “us,” or “H.S”) describes the terms and conditions by which H.S provides rentals of clothes and accessories to our members or clients (customers). 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 Customer, has formally terminated the agreement following termination procedure. By agreeing to the terms of service, you agree to abide by the terms set out.
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 the rental of the clothes and accessories owned by our network of fashion collectors and fashion brands to our customers (both members and clients), charging a rental fee or subscription fee.
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
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 registration form.
HOW OUR SERVICE WORKS
Higher.studio facilitates the rental of clothing and accessories via 2 methods: PAY-AS-YOU-GO and SUBSCRIPTION MEMBERSHIPS.
PAY-AS-YOU-GO members and clients apply for membership and when accepted, pay a £20 annual membership fee. They can then rent the clothes and accessories made available through our services. Rental periods are on a per week basis. Items will not be shipped until ID and proof of address has been verified and the rental fee has been paid and received.
Our 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 it.
SUBSCRIPTION MEMBERS and clients apply for membership choosing one of our membership options: either 1, 2 or 3 items at at time. For a flat monthly fee, these items can be swapped unlimited times. Each item has individual rental limits on the maximum time period it can be rented before it needs to be returned, checked and potentially washed and repaired. The rental period restrictions are chosen by the owner of the item and are stated on the inventory.
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 following London postcodes: W1 W2 W8 W9 W11 N1 N16 N19 N5 NW1 NW3 NW5 NW8 SE1 SW1 SW3 SW4 SW5 SW6 SW7 SW10 SW11 W11 W2 W8 WC WC1 WC2 E1 E2 E3 E5 E8 E9 EC1 EC2 EC3 EC4
Standard, secure deliveries for the rest of the UK
HIGHER cover for minor damage (see below for what this covers. Customers are liable for major damage)
Laundry (Eco-friendly wet cleaning whenever possible)
Access to our member events, with priority to founder members
MEMBERSHIPS APPLICATIONS 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.
People and organisations can apply for membership through the form on our website. If we have membership vacancies, they are a suitable size for the stock that we have, are residing in the UK and if we have no reason to believe they aren’t trusted and applying with their true identity, higher.studio will email them to set up their membership. It is always at our discretion whether or not to issue a membership.
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.
Pay-As-You-Go Application Process
For PAY-AS-YOU-GO enquiries, customers will then be sent the link for payment of their annual membership fee. Once this is paid, they will receive their unique membership number. They can then begin renting.
Subscription Members Application Process
For applicant SUBSCRIPTION MEMBERS, if we decide to accept their application, we will send the link to set up their recurring payment. They then receive their unique membership number and can then choose their first items. Membership will officially start on the date the items are dispatched for delivery.
We will need to hold personal information such as addresses, contact details, ID and billing addresses as well as keeping data on our customer preferences and past transactions. All this information is strictly confidential. Who are customers are, what they pay and how they use the service will not be disclosed.
We may sometimes share information that our customers make public. For example if customers share images of our items on public social media profiles and make this known to us, we may share this on our social media profiles. If we share any public information that is created by one of our customers, we will make efforts to credit the creator through appropriate means.
TYPES OF CUSTOMERS
Clients are members that are using their membership for business use NOT personal use and are usually stylists or fashion publications. Clients can have an account under their name or the name of the company that is responsible for the account. The client may not use items rented for personal use. If individuals that are clients or work within client organisations wish to use their membership for personal use, they must create a new account for this purpose.
Clients must take full responsibility for the multiple individuals who, under their supervision, use our clothes and accessories.
If a client is a personal stylist, they may have clients that would like to use our services on an everyday basis for personal use. If clothes are used for frequent personal use (more that two days consecutive usage without supervision of the account holder, where the items are used for more than 5 hours a day), then the user will need to have their own account. Our client, the stylist, may want to manage this account, and given permission from the user, this can be arranged.
If a personal stylist is renting items for use for one-off events, the stylist can rent on their account.
VIP accounts are for our frequent use customers, our brand advocates, founder members or customers who we believe are able to promote our services through their personal usage. It is our discretion, who we give a VIP account and what benefits or extra services these customers can access.
Bloggers or Public Figures
Bloggers or public figures may use our rental services for personal use that is also business related and claimed as a business expense. In this case, their account is a standard member account or, in some cases, a VIP account. If they wish to have multiple people managing their account such as a personal stylist or personal assistant, they’ll need to let us know.
Standard Member Accounts
All our customers are considered members. Members that are not clients or VIP account holders are standard members.
Currently, we are taking payments via an online payment page, Zoho Checkout, via a link sent via email. The payments are taken by Stripe. We do not hold customer credit card or debit card details.
higher.studio packaging consists of boxes, drawstring bags or garment bags with hangers. Garment bags are our default, but boxes are used when delivery makes it impossible to use garment bags. In some cases, such as with pleated clothing, we use drawstring bags.
All packaging must be returned in good condition. If packaging is lost or sustains significant damage whilst in the possession of a customer that is not wear and tear, the customer will be liable to pay up to £30.
ITEM SPECIFIC CARE INSTRUCTIONS
Any specific care instructions will be printed and placed in the delivery box, as well as emailed to the member with their rental confirmation.
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.
If we have reason to believe that members or clients are not taking reasonable action to make sure that these instructions are adhered to, we have reason to terminate the relationship, recall any items being rented by that client or member and if minor or major damage occurs, the customer or client is liable to cover the cost of damage as well as a £15 admin fee.
BOOKING AN ITEM / ACCESS / RENTAL PERIODS
Some items can be ready for next day delivery and in some cases, a 90 min delivery. Some items will take up to 5 working days before they can be processed and delivered. How long an item will take to be delivered will be stated on the product description and H.S will confirm this with the member before the rental order is processed.
Maximum rental periods
Standard items have a minimum rental period of 7 days and a maximum rental period that varies. The rental periods for PAY-AS-YOU-GO are usually weekly.
Members must return an item by the end of its maximum rental period. We'll then wash and if needs be, repair the item. It would then be ready to be re-rented. When a member rents an item, they must specify how long they’d like to rent, but can request to extend. If we accept the request to extend the rental period, the extension will not come into action until payment has been received. It is at our discretion whether or not to extend a rental period.
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.
SUBSCRIPTION MEMBERS can reserve up to 3 items that they’d like to wear next and we’ll let them know when they become available.
Some items are exclusively for Pay-As-You-Go rentals. If SUBSCRIPTION MEMBERS want to rent these items, they can do so with a 5% discount.
We will do a courier delivery within the following postcodes:
W1 W2 W8 W9 W11
N1 N16 N19 N5
NW1 NW3 NW5 NW8
SW1 SW3 SW4 SW5 SW6 SW7 SW10 SW11
W11 W2 W8 WC WC1 WC2
E1 E2 E3 E5 E8 E9
EC1 EC2 EC3 EC4
For these deliveries, someone will need to be present to collect the package. If we find that on several occasions certain members don’t have someone present to take the package without contacting us prior to delivery, we may terminate the membership.
For anything out of these postcodes, post will only be sent to their verified address using a trackable and insured shipping service. Return postage will be paid for and the stamp will be prepared ready to send.
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 5% of the item value to higher studio. 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 natural, gradual and inevitable damage that occurs as a result of appropriate use or aging.
Wear and Tear is not the responsibility of the customer. If there is noticeable wear and tear whilst the item is being rented, the customer is obligated to make efforts to notify higher studio of the damage as soon as possible. If we decide that the item should be returned, the customer will receive a credit note for any unused rental time that has already been paid for. They can then use this credit to request a new item.
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 insurance 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 member 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 a 5% of full item value to higher studio. 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 be still got 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 will 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.
Please note that higher studio is a rental clothing service meaning customers are not allowed to keep items they are renting including incidences where they may need to cover costs through damages that incurred whilst they were renting the items.
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.
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. Whenever possible, higher studio will use professional wet cleaning methods to wash all your rentals unless otherwise stated on the items label. Professional wet cleaning does not use toxic chemicals in comparison to dry cleaning which can be harmful to the environment and also to those employees working in that environment.
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.
EARLY TERMINATION OF MEMBERSHIP
PAY-AS-YOU-GO customers pay £20 for their annual membership. If the membership is not used in any way within the first 15 days from payment, the member has the right to terminate membership and get a refund of the membership amount paid including any discounts received for their membership fee. Using the membership means renting clothes, attending member events, requesting or enquiring about our items and using our customer services and that of our customer service partners.
After the first 15 days since the membership was paid, no refund will be given for early termination of Pay-As-You-Go membership.
Subscription members have a cooling off period of 15 days for the first time they use our subscription services. If they wish to terminate their membership within these first 15 days, they can, and in some cases, get a partial refund for the items. The amount they’ve paid for their months subscription will be divided by the number of days in the month to get a day rate. They’ll get a refund for the number of days not used but the amount we receive for the month subscription must not be less that £25 per item rented after the refund has been issued. This £25 covers us for delivery and cleaning of items rented. If no items have been dispatched for delivery, a full refund can be issued. All items rented will need to be returned before any subscription can be terminated.
If the subscription is cancelled after the first 15 days, even if all items rented are returned before 1 month, there will be no refund for that months subscription.
TRYING ON ITEMS
Pay-As-You-Go members must let us know the same day an item has been delivered if they try an item on but wish to return it so that the item can be returned the next day. Once we receive the item back, we will then credit their account with the same rental value of that unworn garment to use on their next rental. If the next rental differs in price, they will either have remaining credit in your account or need to make up the difference. If they chose to return their next rental without wearing it, they will need to pay for this rental regardless of whether the item is worn out for not.
Our items are not owned by us. We work with trusted collectors to ensure that our items are genuine. Though we make efforts to prevent fake branded items from entering our collection, it may still happen. If there is significant evidence that an item is not genuine, customers must let us know within a week of it being in their possession to receive a refund for the rental of that item so that we can rectify the situation.
DEFECTS TO ITEMS / CLEAN ITEMS
We take the cleanliness of the items we rent very seriously. We always wash items and where possible, steam/iron items between rentals and take reasonable steps to disinfect items. We cannot take responsibility for any skin infections or any viruses or bacterial infections that may be spread through our clothes.
We provide items ironed/steamed ready to wear but some items may settle differently during transit which we cannot take responsibility for.
The majority of the items you rent are not new and so may have some signs of aging or damage. Our policy is to be transparent about any defects that are on our items so that you can decide if an item meets your standards. It’s up to our members to use this information to decide whether our items are in a good enough condition to be rented using the information we provide.
COMMUNICATION BETWEEN HIGHER.STUDIO AND YOU
HIGHER.STUDIO will communicate with you through the email and phone number provided. It is your responsibility to be contactable. If we need to contact you, we’ll firstly email you, and if necessary, we’ll then call you.
HIGHER.SUDIO will be contactable at some point between 9 and 6 daily through the email and and the phone number 07846202269.
WHAT DATA DO WE COLLECT FROM YOU?
When you chose to rent with higher studio and become a member we ask for certain personal data to provide you with the best items and service for you. This personal data includes your contact details including your name, email, telephone number, shipping and billing address, a copy of your current proof of address and a copy of your ID (such as your passport or driving licence), your clothes size and whether you are interested in male/female garments.
THE INFORMATION WE DO NOT COLLECT:
We will never collect credit/debit card information as we use a third party payment processor to handle this information securely. None of your credit/debit card information is ever stored anywhere on our website or with us.
We do not allow customers under the age of 16 to use our services. Our website and marketing is not targeted to anyone below this age.
HOW DO WE USE YOUR PERSONAL DATA?
When you use our site, we will use your personal data to provide you with the requested product or service. For example when you chose to rent an item or attend a higher studio event or promotion, we will use the contact information you provided to communicate with you about the purchase, event or promotion. If you contact us, we will use the information that we have about you, such as delivery or payment information or the product you have rented to help resolve a problem or answer a question.
We use your proof of address and your ID for verification purposes only; again this information is not shared to any third party.
When you consent, we will send you marketing communications and news concerning higher studio products, services, events and other promotions. You always have the option to unsubscribe to this mailing list after giving consent.
SHARING OF YOUR PERSONAL DATA?
We do not and will not sell any of your personal data to any third party including your name, address, email address or credit card information.
If you have any questions or feedback regarding this statement, you can contact us at email@example.com. For more information, please visit the ICO website here.