“Registered User” means a person who completes Peer Luxe’s account registration process.
“Renter” means a registered user who requests a rental via Peer Luxe.
“Owner” means a registered user who has listed Clothing Apparel for rent or sale on Peer Luxe
“Retail Price” means the owner defined retail price of the Clothing Apparel to be listed on Peer Luxe
“Rental Price” means the owner defined price, which is the amount the Clothing Apparel is to be rented and the Rental to be charged upon a complete transaction.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity rather than a single user.
THE WEBSITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH REGISTERED USERS MAY CREATE LISTINGS FOR THE RENTAL OR SALE OF CLOTHING APPAREL AND GUESTS MAY LEARN ABOUT AND RENT OR BUY CLOTHING APPAREL DIRECTLY FROM REGISTERED USERS. YOU UNDERSTAND AND AGREE THAT PEER LUXE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN REGISTERED USERS AND GUESTS, NOR IS PEER LUXE AN AGENT OR INSURER OF THAT APPAREL. PEER LUXE HAS NO CONTROL OVER THE CONDUCT OF REGISTERED USERS, GUESTS AND OTHER USERS OF THE WEBSITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON PEER LUXE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH PEER LUXE IS LIMITED TO BEING A REGISTERED USER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR. YOU ARE NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF PEER LUXE FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF PEER LUXE.
Peer Luxe’s Services
The Website and Services can be used to facilitate the listing, rental, and sale of Clothing Apparel. Such Apparel is included in Listings on the Website that are created by registered users. You may view Listings as a guest to the Website; however, if you wish to rent and/or buy any Clothing Apparel or create your own Listing, you will be required to create your own account with Peer Luxe (Process further explained below and is accessible at (https://peerluxe.com/register/).
Peer Luxe is not an owner of the Clothing Apparel listed on the Website. Unless explicitly specified otherwise on the Website, Peer Luxe’s responsibilities are specifically limited to facilitating the exchange of the Clothing Apparel between registered users and management of the Website and Services.
PLEASE NOTE THAT PEER LUXE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND DOES NOT WARRANT THE CONDITION OR SUITABILITY OF ANY CLOTHING APPAREL FOUND IN A LISTING. PEER LUXE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS. ACCORDINGLY, ANY RENTALS AND/OR SALE THAT MAY BE MADE OR ACCEPTED ARE AT THE REGISTERED USER’S OWN RISK.
We will maintain reasonable security standards, but Peer Luxe cannot completely warrant the safety of your Peer Luxe Account. You are responsible for preserving the security of your Peer Luxe Account by keeping your password private. To ensure your Peer Luxe Account privacy, do not disclose your password to any third party. Ensure that you exit from your account at the end of each session when accessing the service.
Sharing your Peer Luxe Account with others is not permitted. You agree that you will take sole responsibility for any activities or actions under your Peer Luxe Account, whether or not you have authorized such activities or actions. It is your responsibility to promptly notify Peer Luxe of any unauthorized use of your Peer Luxe Account.
Peer Luxe will not be liable for any loss or damage arising from your failure to comply with this section.
Termination of Your Account
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (1) terminate these Terms or your access to our Site, Application, and Service; and (2) deactivate or cancel your Peer Luxe account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you, which we are legally obligated to pay you. In the event Peer Luxe terminates these Terms, or you access to our Site, Application, and Services, or deactivates or cancels your Peer Luxe account, you will remain liable for all amounts due hereunder.
By use of the Website, you agree to not engage in the following:
- Violations of any applicable federal, state, local or international law or regulation
- Use of the Website for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Peer Luxe, a Peer Luxe employee, another registered user or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, at our discretion, is deemed harmful to Peer Luxe, our registered users of the Website, or exposes any of the foregoing to liability.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attempt to attack or interfere with the Website.
User’s Use of Content
This paragraph applies to any and all use of the Website that allows guests and/or registered users to interact with one another by use of the Peer Luxe Services. Registered user’s content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing Prohibited Uses, content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Right to Monitor the Website, Enforcement, and Termination
However, we do not undertake review of all Listings before they are posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We further reserve the right to restrict, cancel, alter, or prohibit any rental and/or sale of items for any reason, including availability, maintenance, and other extenuating circumstances, without notice or warning. Our Acceptable Items Policy is available at (link to what items do we accept)
Official DMCA Copyright Infringement Notification
Our website follows the safe harbor provisions of 17 U.S.C. §512, otherwise known as Digital Millennium Copyright Act (“DMCA”).
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (Note that under Section 512(f) any person who knowingly and materially misrepresents that material or activity is infringing may be subject to liability for damages.
Disclaimers on Damage to Clothing Apparel
You agree to treat the rented clothing apparel with great care. You are responsible for loss, destruction, or damage to the clothing apparel due to theft, fire, mysterious disappearance, major stains or any other cause, other than normal wear and tear. Normal wear and tear includes minor incidents to the apparel such as minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your rental. If you return a rental that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the apparel, as determined in our discretion, up to the Retail Value of the Product.
Rental Fees, Cancellations, and Refunds
Total Rental Fees payable will be displayed to a Renter before the Renter sends a request to an Owner. These Total fees include rental price for a rental item, insurance charges, and delivery charges listed on the site for your rental of the Clothing Apparel. Upon receipt of your rental request, Peer Luxe may initiate a pre-authorization and/or charge a nominal amount to your payment method on file. If a request is cancelled (i.e. not confirmed by the Owner), any amounts collected by Peer Luxe will be refunded to the Renter. Upon rental confirmation by the Owner, the Renter hereby authorizes Peer Luxe to immediately charge your payment card for the Total Rental Fees. Furthermore, a confirmed reservation of Clothing Apparel on the site is an order for the rental, regardless of how far in advance the Clothing Apparel is reserved.
The Owner will be required to confirm or reject the rental request on the Peer Luxe website within 12 hours; otherwise, the request will be automatically cancelled. If your rental is confirmed, you will receive a confirmation communication summarizing the contents of the Listing and the Rental Period that Listing has been requested for. If an order is confirmed in error by the Owner, the Owner should send an email to firstname.lastname@example.org within 12 hours to cancel the availability of the Listing.
Upon receipt of the Clothing Apparel, the Renter has until midnight of the date that the rented Clothing Apparel arrives to “Rent” or “Return” the item. The Renter must login to his or her Peer Luxe Account to make the “Rent” or “Return” selection. If the “Return” selection is made by the Renter, the Clothing Apparel must be returned to the Owner the following day and a $2.50 non-refundable service charge will apply. If no selection is made on the Peer Luxe Account by midnight on the date that the item is received, the Clothing Apparel will be considered rented and the selection of “Rent” will automatically be made for Renter’s Peer Luxe Account. All agreed upon costs and service fees will be charged to the Renter’s form of payment at that time.
Owner Service Fee Policy
Joining and setting up a new account on Peer Luxe is free. However, Peer Luxe charges the owner 30% of the rental and/or sale price and the owner keeps 70%. The 30% fee covers credit card processing, customer service, & building and maintain the Peer Luxe website and services.
Shipping/3 rd Party Drop Policy
Upon the confirmation of any rental and/or sale through the Peer Luxe service and payment of the required amount by the Renter, the Owner will receive pre-paid and pre-addresssed shipping or 3 rd Party Drop location labels in order to mail or drop off the item rented by the Renter. Shipping Charges and 3 rd party drop off locations charges are non-refundable after the items have been shipped or dropped off. Shipping to P.O. Box addresses is prohibited. Items with Retail Value over $500.00 require a signature if being mailed. No in-person exchange is permitted for items of $250.00 value or more. It is prohibited to change shipping information outside of the Peer Luxe platform. If the renter requests an address change, please notify Peer Luxe at email@example.com so we can validate the new information.
The Owner is responsible to accurately list their Clothing Apparel and ship the order to complete the transaction by the requested rental and/or sale date. The Renter/Buyer is obligated to deliver the appropriate payment for items rented and/or sold. Our Cancellation Policy is available via the following link: http://www.peerluxe.com/refundcacellation-policy
If you do not complete a Rental and/or Purchase, your account and all listings may be suspended and removed from the Website and any Peer Luxe services at Peer Luxe’s sole discretion.
Rental Return Policy
If Clothing Apparel rented does not fit, a full refund will be issued minus shipping or 3 rd party drop off charges & a $2.50 service charge. If the product you receive is damaged, the wrong item or not as described, then you must report the issue to Peer Luxe within 12 hours of delivery at firstname.lastname@example.org.
Extension of Rental Period
Should a renting party need to extend the applicable rental period, an email must be sent to email@example.com detailing said request. Peer Luxe will contact the Owner to confirm the extension of the rental period. Additional rental charges may apply, but will not exceed the agreed upon daily rate for the rental of the Clothing Apparel. It is within the sole discretion of the Owner that created the Listing to agree to the extension of the rental period. If the Owner does not agree to the extension of time, the Peer Luxe late return policy will apply.
Peer Luxe is committed to foster a virtual environment where registered users and guests are treated equally. The Listings and Website environment is not a place for registered users or guests to discriminate against others. No person shall, on the grounds of race, color, sex, sexual orientation, religion, national origin, age, disability, veteran status, or genetic information, be discriminated against or denied the ability to use Peer Luxe Services, or otherwise be subjected to discrimination of any other kind. Those registered users or guests that show a pattern of discriminating against others because of the foregoing characteristics will be subject to termination.
You hereby agree that any payment for rentals and/or sales on the Website will be paid through Peer Luxe’s third party payment processor. You expressly agree to release, defend, indemnify, and hold Peer Luxe and its affiliates, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees. All registered users should consult with a qualified tax representative for any questions about their tax liability. Peer Luxe is not providing tax advice on any of the income that Owners generate using the Peer Luxe Website.
LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk out of the use of Peer Luxe services, whether in person or on-line, lies with you. If you allow another person to use your account, then you are liable for any actions taken by that person. Peer Luxe is not liable for any indirect, incidental, consequential, special, exemplary damages, or damages for loss of profits resulting from the use or inability to use the service. Further, Peer Luxe is not liable for any damages that are alleged to arise out of use of Peer Luxe services that result in personal or bodily injury or emotional distress. Peer Luxe expressly allows for the exchange of clothing apparel in person. Guests and Registered Users that elect the exchange of clothing items in this manner acknowledge that Peer Luxe is not liable for any injuries, or other bodily harm, that result therefrom. Personal Safety Tips are available via the following link www.peerluxe.com/personal-safety-tips
If your jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to release, defend, indemnify, and hold Peer Luxe and its affiliates, officers, directors, employees and agents, harmless from and against any and all claims, liabilities, damages, losses, debts, obligations, expenses, including, without limitation, reasonable legal and/or accounting fees, action of any kind and injury arising out of or relating to your use of the service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
DISPUTE RESOLUTION AND JURISDICTION