Terms & Conditions - Renter

Welcome to Siz.ae, the UAE's premier destination for sustainable fashion enthusiasts to rent and lend high quality, authentic clothing and accessories. By using our platform, you agree to abide by these Rental T&Cs, which are designed to ensure a seamless, enjoyable and secure experience for all members of our community. These Rental T&Cs govern the relationship between Siz.ae and Renter.

By proceeding with account creation and engaging in the first activity or transaction, the Renter acknowledges and agrees to be bound by these T&Cs, forming a valid and binding contract between the Renter and Siz.ae.

1. Definitions

Capitalized terms and phrases in these Rental T&Cs shall have the following meanings:

Fit Guarantee Policy	means the policy created by Siz.ae ensuring that Renters will receive products that meet the described fit and comfort standards, offering solutions in case of any fit-related issues during the Rental Period;
Damage Protection Coverage	means an optional insurance coverage offered by Siz.ae to Renters for an additional fee of Arab Emirate Dirhams Twenty Five only (AED 25) per rental request;
Lender(s)	an individual or entity who offers their products or items for rent through the Siz.ae platform, entering into rental agreements with Renters under these Rental T&Cs;
Rental Period	the specific duration during which a Renter is granted permission to use and possess a Rented Item, as determined by the terms as detailed in these Rental T&Cs;
Rental Price	means the cost set by Siz.ae for renting a Rented Item, inclusive of service fees, drycleaning, taxes and delivery charges;
Force Majeure	acts beyond their reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes or shortages of transportation-facilities, fuel, energy, labour or materials;
Rental T&Cs	means these Rental Terms and Conditions that governs the Renter’s use of of the Rented Item;
Rented Item	means the products, articles and merchandise listed by Lenders on the Siz.ae platform for temporary rent by Renters in accordance with these Rental T&Cs and may include clothing, accessories, handbags, footwear and other fashion related items available for rent;
Renter	means the individual renting a Rented Item from Siz.ae; and
Siz.ae	means Siz Fashion Rental FZ-LLC, an entity established under the laws of (x), having licence number (x), having its correspondence address at (x), contact number (x) and email address as (x).

2. Orders and Payments

2.1 Renters interested in renting Rented Items may place their orders through the Siz.ae platform or via other offered digital and offline channels. The Rental Price of each Rented Item shall be displayed on the Siz.ae platform, including any additional charges, as further explained in clause 7.

2.2 Siz.ae reserves the right to adjust the Rental Price of items to account for changes in market conditions, tax rates or for promotional purposes.

2.3 The most recent pricing of the Lender's item(s) shall be reflected on their profile within the Siz.ae platform. Siz.ae shall not be obligated to communicate pricing changes to Renters when such changes are made for promotional reasons. For adjustments due to market conditions or tax rates, Siz.ae shall communicate the changes to the Renter prior to finalising the order. The Rental Price shall not change for orders that have already been placed and paid for.

2.4 The acceptance of any rental request is contingent upon Siz.ae's electronic confirmation of the order.The availability of the Rented Item, including its type, size and colour, may vary. Renters shall verify the availability of the Rented Item with Siz.ae, particularly when placing orders through offline channels. Siz.ae reserves the right to modify its available inventory, adding or removing products as necessitated by requests from, or notices by the Lenders.

2.5 A Rental Period is applicable to each Rented Item that must be selected prior to confirmation of the Rented Item. Renters wishing to extend their Rental Period beyond the initial term must submit a written request to Siz.ae. All extensions are subject to Siz.ae's prior approval and shall incur additional Rental Fees, as will be outlined in Siz.ae's electronic communication to the Renter. Each Rented Item may be rented for a specific period of time commencing on the date of delivery of the Rented Item as notified to the Renter by Siz.ae.

2.6 Renters shall be liable for any damages to the Rented Items during the Rental Period, caused for any reason whatsoever. In the event of irreparable damage, the Renter shall be charged the full retail value of the item. For repairable damage, the Renter shall be charged a percentage of the retail value, as determined by Siz.ae. Late return fees shall apply to items returned past the agreed-upon date, at a rate of [x] per day. Renters who use the Rented Items for unauthorised purposes, such as commercial use or make alterations to the Rented Item, may be subject to additional penalties, at Siz.ae's discretion.

2.7 Siz.ae does not offer alterations or customizations to any Rented Items.

2.8 The purchase of Rented Item is strictly prohibited without the express written consent of the Lender.

3. How Renting Works

3.1 Renters begin by browsing through the available Rented Items on the Siz.ae platform. Renters can filter items by size, availability, occasion, brand and type of closet and whether managed by Siz.ae or fulfilled directly by the Lender.

3.2 Once a desired style is found, Renters can select their rental dates and send a rental request. Communication can occur securely with either the Siz.ae team or the Lender through the messaging system. Renters shall be charged upon acceptance of the rental request.

3.3 After the rental request is accepted, Renters will receive the selected Rented Item(s) within (x)days in a garment bag provided by Siz.ae.

3.4 Upon the completion of the Rental Period, Renters shall place the item back in the provided garment bag. Siz.ae will coordinate with the Renter for the pick up and dry cleaning process.

3.5 Following the return of the Rented Item, Renters are encouraged to share honest feedback with fellow Renters. Additionally, they can post on social media and tag @sizters.app.

4. Delivery

4.1 Renters are responsible for providing an accurate and complete delivery address during the order placement process. Any changes to the delivery address must be communicated to Siz.ae promptly. The delivery address must be within Siz.ae's serviceable areas and any requests for deliveries outside these areas may be subject to additional charges or restrictions.

4.2 Siz.ae shall provide Renters with a delivery timeframe based on the availability of the Rented Items and the chosen delivery date. While Siz.ae strives to ensure timely deliveries, unforeseen circumstances or external factors may occasionally cause delays. Renters are encouraged to ensure their availability to receive the delivery within the specified time window and to contact Siz.ae promptly if any issues arise.

4.3 Upon successful delivery, Renters are required to inspect the Rented Items and confirm their receipt by signing the delivery confirmation document provided by the delivery partners within four (4) hours of receiving the Rented items ,This confirmation signifies that the Rented Items have been delivered in satisfactory condition. Beyond the four (4) hour timeframe specified in this clause 4.3, Renters shall not be able to report any problems, and the ability to do so will be disabled in the Siz.ae platform. If a Renter reports an issue within the specified time, Siz.ae shall investigate the matter and take appropriate action to resolve the situation, which may include providing a replacement item if available. However, if a Renter fails to report any issues within the four (4) hour timeframe, they will not be eligible for any replacements or compensation related to missing or defective items.

4.4 Rented Items are carefully packaged to ensure their safety during transit. Renters are advised to retain the original packaging materials until the end of the Rental Period, as they may be required for the return of the Rented Items. Renters will receive tracking information for their delivery, allowing them to monitor the status and estimated time of arrival of their Rented Items. Renters can view the status of their order, including tracking information, directly on the Siz.ae platform. This feature allows Renters to monitor the progress and estimated time of arrival of their Rented Items. If any concerns or issues arise during delivery, Renters shall promptly notify Siz.ae to facilitate a swift resolution.

5. Fraudulent Items

5.1 In the event that a Renter receives a Rented Item that is determined to be fraudulent or counterfeit, the following provisions shall apply:

a) The Renter shall report the issue to Siz.ae within four (4) hours of receipt of the Rented Item;

b) the Renter shall provide evidence of the Rented Item's inauthenticity, including but not limited to photographs or documentation, to substantiate their claim;

c) upon receiving the report, Siz.ae shall promptly investigate the matter and communicate with the Lender to address the issue in a timely manner; and

d) if the claim of fraudulence is substantiated, the Renter shall be entitled to a full refund of the Rental Price and any associated fees. Alternatively, if time permits and at the sole discretion of Siz.ae, a replacement item may be arranged.

5.2 The Renter acknowledges that by providing honest and accurate reviews of their rental experience, particularly in cases involving fraudulent items, they are contributing to the integrity and transparency of the Siz.ae community. The Renter's feedback may be used by Siz.ae to investigate and take appropriate action against Lenders who knowingly list fraudulent items, in Siz.ae’s sole discretion.

6. Cancellations, Refunds and Returns

6.1 Upon conclusion of the Rental Period, the Renter shall promptly initiate the return process by contacting Siz.ae to schedule the pickup or return of the Rented Item, in accordance with the return date specified by Siz.ae.

6.2 The Renter shall return the Rented Item in the same condition as delivered, subject to reasonable wear and tear.

6.3 In the event of any reported issue, the Rented Item must be returned within twenty-four (24) hours. Renters and Lenders are encouraged to resolve issues amicably; if no resolution is reached, the Renter may contact Siz.ae's support team for mediation.

6.4 Significant damage, stains or alterations to the Rented Item beyond normal use may result in additional charges, as further detailed in clause 7.

6.5 For high-value Rented Items, a security deposit equal to 20% of the Rented Item's retail value shall be authorised on the Renter's payment card as a separate fee from the Rental Price. The deposit shall be held during the Rental Period and released upon successful return of the Rented Item in acceptable condition, as determined by Siz.ae at its sole discretion. Siz.ae reserves the right to charge the security deposit at any time during the Rental Period or upon return of the Rented Item, if damage, loss, or any other issue is reported or discovered.

6.6 In the event that any additional charges or fees are owed, including but not limited to late return fees or damage fees, such amounts shall be deducted from the security deposit. If the total amount of charges or fees exceeds the security deposit, the Renter shall be liable for paying the additional amount and shall promptly reimburse Siz.ae for such excess charges or fees. By agreeing to these Rental T&Cs, the Renter acknowledges and accepts the security deposit requirements for high value Rented Items and agrees to provide the necessary authorization for the holding charge on their payment card.

6.7 Upon the return of the Rented Item to the Lender or to Siz.ae in acceptable condition, as determined by Siz.ae in its sole discretion, the security deposit shall be released. Notwithstanding the foregoing, Siz.ae reserves the right, at its sole discretion, to charge the security deposit at any time during the Rental Period or upon return of the Rented Item, if damage, loss or any other issue is reported or discovered.

6.8 In the event that the Rented Item does not fit the Renter, the Renter shall be entitled to request a full refund, less the Arab Emirate Dirhams Sixty (AED 60) delivery fee, in accordance with Siz.ae's Fit Guarantee Policy. To initiate the return process, the Renter shall, within four (4) hours of receiving the Rented Item, access the renting section within their profile and select the appropriate reason for return. The Renter shall adhere to the delivery window of nine (9) am to three (3) pm and shall have a four (4) hour window to complete this action. Any cancellations made on delivered items more than four (4) hours after receipt shall be deemed non-refundable.

6.9 If a Rented Item arrives in unsatisfactory condition, the Renter shall notify the Lender within four (4) hoursof receipt, documenting the issue with time stamped photographs and communicating via the Siz.ae platform. Cancellation terms and fees apply as follows:

a. For Rented Items booked more than forty eight (48) hours in advance:

(i) Full refund for cancellations made more than ten (10) days in advance;

(ii) 30% cancellation charge within ten (10) days of the Rental Period;

(iii) non-refundable within forty eight (48) hours of the Rental Period; and

(iv) an exception is made for cancellation within two (2) hours from booking.

b. For Rented Items within forty eight (48) hours of the Rental Period:

(i) full refund done by part-money part-credits for cancellations made within four (4) hours of booking;

(ii) non-refundable if cancelled more than four (4) hours after booking; and

(iii) cancellations made on delivered items beyond four (4) hours of receiving the item are non refundable.

6.10 Last-minute cancellations, which limit the availability of Rented Items for other users, are strongly discouraged. Renters shall be obligated to carefully inspect Rented Items promptly upon receipt and report any issues or defects without delay to facilitate a seamless rental experience. Failure to do so may result in the Renter being held liable for any damages or issues not reported in a timely manner.

7. Damage Protection Coverage

7.1 Siz.ae offers an optional Damage Protection Coverage to provide assurance to Renters. This coverage shall be designed to safeguard against repairable damage that may occur while an item is rented. Renters may opt for Damage Protection Coverage for an additional fee of Arab Emirate Dirhams Twenty Five only (AED 25) when making a rental request. This coverage shall include the cost of repairing specific types of damage, including but not limited to broken zippers, clasps, stitching, closures, missing beads, and minor stain removal, up to a maximum repair cost of Arab Emirate Dirhams Two Hundred Fifty only (AED 250) per Rented Item(s).

7.2 In the event that the Renter chooses not to purchase the Damage Protection Coverage for a Rented Item, the Renter shall assume full responsibility and liability for any and all damages that occur to the Rented Item during the Rental Period. The Renter shall be solely responsible for bearing the entire cost of repairs, as determined by Siz.ae, shall be payable to Siz.ae upon demand. If the Rented Item is damaged beyond repair, as determined by Siz.ae in its sole discretion, the Renter shall be liable for the full retail value of the Rented Item, which shall be payable to Siz.ae.

7.3 By declining the Damage Protection Coverage, the Renter acknowledges and agrees to accept these terms and conditions, and understands that they shall be fully responsible for any and all damages, repairs or replacement costs associated with the Rented Item during the Rental Period.

7.4 Damage Protection Coverage shall not extend to damage beyond repair, loss of items due to carelessness, theft or damage exceeding the Arab Emirate Dirhams Two Hundred Fifty only (AED 250) repair fee. In the case of irreparable or excessive damage and/or loss, Renters are responsible for covering the original retail value of the item.

7.5 If a Renter fails to make payment for damage or loss within seven (7) daysfrom the anticipated return date, Siz.ae retains the right to take necessary legal actions, including reporting the matter to relevant authorities, to recover its losses and damages.

8. Warranties

8.1 The Renter hereby represents and warranties to Siz.ae that:

(a) they shall not use the Rented Items for any unlawful, illegal or unauthorized purposes, including but not limited to engaging in criminal activities or violating intellectual property rights;

(b) they shall not sublease, rent, or otherwise transfer the Rented Items to any third party without the explicit written consent of Siz.ae and/or the Lender;

(d) they acknowledge and agree that Siz.ae does not make any representations or warranties, express or implied, regarding the quality, safety, or suitability of the Rented Items for any particular purpose;

(e) they are at least eighteen (18) years of age, which is the legal age to form a binding contract, and are not barred from entering into contracts in the United Arab Emirates and other applicable jurisdictions;

(f) they have the capacity and means to pay penalties, fees or charges in respect to any damage caused to the Rented Item during the Rental Period;

(g) they agree not to engage in any negative, disparaging or harmful comments or actions against Siz.ae, its users or any Rented Items;

(h) they shall conduct themselves in a respectful and responsible manner at all times;

(i) they shall return the Rented Items on or before the Return Date and in the same condition as when received, normal wear and tear excepted.

(j) they shall follow the specified return instructions provided by Siz.ae and/or the Lender;

(k) they shall use Rented Items responsibly and with care, taking all necessary precautions to prevent damage, loss or theft, including avoiding exposing the items to hazardous conditions or activities;

(l) they shall not make any alterations or modifications to the items, including but not limited to sewing, cutting, dyeing or any other changes, without the explicit written consent of the Lender; and

(m) they will provide accurate and truthful information when creating an account, making rental requests or communicating with Lenders and Siz.ae.

9. Disclaimers

9.1 Siz.ae, to the fullest extent permitted by law, provides no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to warranties of fitness for a particular purpose or non-infringement. Renters acknowledge and agree that all Rented Items are rented on an “as is” and “as available” basis.

9.2 Rented Items may show signs of wear and tear or contain minor imperfections not fully described or depicted in the item listings. Such wear and conditions shall be considered acceptable and do not form a basis for claims against Siz.ae or the Lenders.

9.3 Siz.ae shall not guarantee that Rented Item descriptions, photographsor any other content are accurate, complete, reliable, current or error-free. Variations in display and colour capabilities of computer monitors and other devices may affect the appearance of Rented Items and such discrepancies are not considered defects or misrepresentations by Siz.ae.

9.4 Siz.ae shall not be liable for any intellectual property infringement or violation committed by Lenders. All content, including but not limited to text, images, videos and descriptions, uploaded by Lenders to the Siz.ae platform shall be the sole responsibility of the Lender. By uploading content to the Siz.ae platform, Lenders represent and warrant that they have the necessary rights, licences or permissions to use and share such content and that the content does not infringe upon the intellectual property rights of any third party.

9.5 Siz.ae shall not be responsible for any health-related issues, including but not limited to allergic reactions, skin conditions, or other adverse effects that may result from the material, fabric or use of the Rented Item. Renters shall assume all responsibility for assessing the suitability of items in light of their personal sensitivities and health conditions. Furthermore, Siz.ae shall not be liable for any damages, claims, or legal actions brought by third parties in connection with the Renter's use of the Rented Item, including but not limited to claims of personal injury, property damage, or negligence.

10. Indemnity and Limitation of Liability

10.1 The Renter shall indemnify, defend and hold harmless Siz.ae, its affiliates, Lenders and their respective officers, directors, employees, agents, successors and assigns from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys' fees and costs) arising out of or in any way connected with:

(a) the Renter's access to or use of the Rented Item;

(b) the Renter's breach or alleged breach of these Rental T&Cs;

(c) the Renter's violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities;

(d) any misrepresentation made by the Renter; or

(e) the Renter's infringement, or infringement by any other user of the Renter's account, of any intellectual property or other rights of any person or entity. This indemnity will include any costs associated with the defence of such claims, including but not limited to, attorney's fees.

10.2 In no event will Siz.ae, its affiliates or their respective officers, directors, employees, agents, successors and assigns be liable to the Renter or any third party for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Rented Item, even if Siz.ae has been advised of the possibility of such damages.

10.3 The aggregate liability of Siz.ae, its affiliates, Lenders and their respective officers, directors, employees, agents, successors and assigns, shall not exceed the total Rental Price paid by the Renter to Siz.ae for the Rented Item that gave rise to the claim, regardless of the cause of action, whether in contract, tort (including negligence, warranty or otherwise), product liability or any other legal theory.

10.4 Notwithstanding any other provision of these Rental T&Cs, Siz.ae and its Lenders shall not be liable for any delays or failures in performance resulting from any Force Majeure.

11. Miscellaneous

11.1 If the Renter is not the end user of the Rented Item(s), the Renter must ensure that the actual user agrees to comply with these Rental T&Cs. The Renter shall be responsible for any breach of these terms by the end user.

11.2 Any feedback shall be sent to Siz.ae via WhatsApp or the Siz.ae platform.

11.3 These Rental T&Cs constitute the entire understanding between the Renter and Siz.ae and supersedes all prior agreements and understandings, whether written or oral.

11.4 These Rental T&Cs are subject to change at the discretion of Siz.ae without prior notice to the Renter.

11.5 The Renter shall not assign their rights under these Rental T&Cs to any third-party without prior written consent of Siz.ae. Siz.ae may assign its rights hereunder to a third-party by providing written notice to the Renter.

11.6 If any provision or part provision of these Rental T&Cs or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause 11 shall not affect the validity and enforceability of the rest of this Agreement.

11.7 Nothing in this Rental T&C’s is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, constitute any Party the agent of the other Party, or authorise any Party to make or enter into any commitments for or on behalf of any other Party.

11.8 These Rental T&C’s may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute one agreement.

12. Governing Law and Jurisdiction

12.1 By using the Siz.ae Platform, the Renter expressly consents and agrees that these Rental T&Cs and any dispute arising out of or in connection with the rental of items through the Platform or relating to Siz.ae shall be governed by and construed in accordance with the laws of the United Arab Emirates (UAE). Any such dispute shall be subject to the exclusive jurisdiction of three (3) arbitrators under the rules of the Dubai International Arbitration Centre (DIAC) with the seat in Dubai, UAE, irrespective of the Renter's geographical location. The arbitration proceedings shall be conducted in the English language.

12.2 In the event of any payment defaults by the Renter, Siz.ae reserves the right to refer such claims to the small claims tribunal at the Dubai International Financial Centre (DIFC) in Dubai, United Arab Emirates. In such cases, Siz.ae shall be entitled to claim all costs and expenses incurred from the Renter.

12.3 In the event of claims or disputes arising out of default, breach, or non-compliance by Renters, Siz.ae retains the right to refer and address such matters for resolution through the jurisdiction of the DIFC Courts or any alternative

Last updated 18 April 2024