1. WELCOME AND INTRODUCTION
1.3 IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE Front Row WEBSITE AND/OR THE Front Row PLATFORM.
1.4 We reserve the right to review and amend any of these Terms and Conditions from time to time with or without notice to you.
1.5 Capitalised terms shall have the meanings ascribed to them below or elsewhere in these Term and Conditions.
|“Buyer”||means any person buying Inventory Items over the Front Row Platform;|
|“Customers”||means Renters and Buyers;|
|means fashion items or items of clothing listed or otherwise made available for sale or rent over the Front Row Platform.|
|“Registrant”||means any person signing up as a registered account holder on the Front Row Platform;|
|“Renter”||means any person renting Inventory Items over the Front Row Platform;|
|“Vendor”||means any Registrant listing, or otherwise making available any Inventory Items for sale or rent over the Front Row Platform; and|
|“Visitor”||means any person accessing or making of the Front Row Website.|
2. THE FRONT ROW PLATFORM
Description and Use
2.1 The Front Row Platform provides Vendors and Customers with a variety of resources to facilitate the buying, selling, lending and renting of Inventory Items.
2.2 Approved Vendors can upload information about designer Inventory Items available for sale or rent and Customers can search for designer Inventory Items they wish to buy or rent. Once a Customer has identified an Inventory Item he or she wishes to buy or rent, the Customer can buy or rent that Inventory Item through the Front Row Platform.
2.3 Access to the Front Row Platform is offered to those who register on the Front Row Website (“Registrants”). Following registration, all Registrants will have a unique login ID and password which can be used to access the Front Row Platform.
2.4 We provide Visitors and Registrants with access to the Front Row Website and the Front Row Platform as described below.
2.4.1 Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Front Row Website. No login ID is required for Visitors. Visitors can:
(i) view all publicly available content on the Front Row Website; and
(ii) e-mail us via the Front Row Platform.
2.4.2 Registrants. Login details are required for all Registrants to access the Front Row Platform. Registrants can do all things that Visitors can do and are also be able to:
(i) search, as a Customer, the available Inventory Items;
(ii) message us about Inventory Items; and
(iii) and submit requests to buy or rent Inventory Items.
2.5 Front Row is under no obligation to accept any individual as a Registrant and may accept or reject any registration in its sole and complete discretion. In addition, Front Row reserves the right to deactivate any account at any time, including, without limitation, if it determines that a Registrant has violated these Terms and Conditions.
2.6 The Front Row Website and the Front Row Platform contain materials, such as software, text, graphics, images (including any images/photographs that we take of your closet), sound recordings, audio-visual works, and other materials provided by or on behalf of Front Row. The Front Row Content may be owned by us or by third parties. The Front Row Content is protected under both United Kingdom and foreign laws. Unauthorised use of the Front Row Content may violate copyright, trademark, and other laws. You have no rights in, or to, the Front Row Content, and you will not use the Front Row Content except as permitted under these Terms and Conditions. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Front Row Content on any copy you make of the Front Row Content. You may not sell, transfer, assign, license, sublicense or modify the Front Row Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Front Row Content in any way for any public or commercial purpose. The use or posting of the Front Row Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
2.7 If you violate any part of these Terms and Conditions, your permission to access and/or use the Front Row Content and the Front Row Website and the Front Row Platform automatically terminates, and you must immediately destroy any copies you have made of the Front Row Content.
2.8 The trademarks, service marks, and logos of Front Row used and displayed on the Front Row Website and Front Row Platform are registered and unregistered trademarks or service marks of Front Row. Other company, product and service names located on the Front Row Website and the Front Row Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the Front Row Trademarks, the “Trademarks”). Nothing on the Front Row Website and the Front Row Platform should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Front Row Trademarks inures to our benefit.
2.9 If you believe that your content has been copied on the Front Row Website and/or the Front Row Platform in a way that constitutes copyright infringement, please provide us with notice, including (i) a description of the copyrighted work that has been infringed and the specific location on the Front Row Website and/or the Front Row Platform where such work is located; (ii) a description of the location of the original or an authorised copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.
Compliance with Applicable Laws
2.10 The Front Row Website and the Front Row Platform are based in the United Kingdom. We make no claims concerning whether the Front Row Content may be downloaded, viewed, or be appropriate for use outside of the United Kingdom. If you access the Front Row Website, the Front Row Platform or the Front Row Content from outside of the United Kingdom, you do so at your own risk. Whether inside or outside of the United Kingdom, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Front Row Website Uptime
2.11 We take all reasonable steps to ensure that the Front Row Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. We will not be liable if this website is unavailable at any time.
2.22 The Front Row Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give Visitors and Registrants advance warning of maintenance issues but shall not be obliged to do so.
3. TERMS AND CONDITIONS APPLICABLE TO CUSTOMERS
3.2 You acknowledge and agree that we may place limits on the rental or purchase of Inventory Items, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Inventory Items for any reason in our sole discretion, including but not limited to availability and geographic concerns.
3.3 All deliveries will be through Front Row’s shipping partners, which may change from time to time at our discretion. We will, through the Front Row Platform, through our shipping partners or otherwise, provide you with information about estimated delivery and arrival times of Inventory Items.
3.4 Delivery time for products you have selected to borrow may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, Front Row makes no guarantees as to actual delivery time.
3.5 The risk of loss for items shipped passes to you upon our delivery to the carrier.
Making Payments via STRIPE
3.6 Customers will also be entitled to make payments for Inventory Items via STRIPE. For users of STRIPE, the STRIPE Connected Account Agreement, which includes the STRIPE Terms of Service (available here https://stripe.com/gb/legal) (together the “STRIPE Services Agreement”) is applicable to you and by accepting these Terms and Conditions you are agreeing to be bound by the STRIPE Services Agreement as well. By agreeing to make a payment via STRIPE, you represent and warrant to us that any details and information you provide to us are neither fraudulent nor inaccurate and you authorise us to share such details and information with STRIPE.
Making Payments via PayPal
3.8 If you do not pay the amounts you owe to us when due, then we may need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable legal fees.
The following additional conditions apply to Renters for the rental of any Inventory Item.
3.9 The rental fee (“Rental Fee”) for a rented Inventory Item will be the total of the rental charges and the delivery charges listed on the Front Row Website for your rental of the Inventory Item. When you place your rental order for an Inventory Item, you hereby authorise us (or our payment services provider) to charge your payment card for the Rental Fee. We will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of an Inventory Item on the Front Row Website is an order for the rental of that Inventory Item, regardless of how far in advance that Inventory Item is reserved.
3.10 In addition, you hereby authorise us (or our payment services provider) to, charge your payment card for an amount equal to 100% of the then current market replacement value of the Inventory Item (when new) set forth on the Front Row Website or otherwise determined by Front Row in its sole discretion (the “Replacement Value”) You should not place a rental order for an Inventory Item unless you have sufficient funds in the account to which the payment card relates to cover the Replacement Value/deposit as well as the Rental Fee. We reserve the right (and you hereby authorise us to) charge your payment card for any amount up to the Replacement Value of the Inventory Item at any time where such amount is due and payable under these Terms and Conditions.
Cancellation & Refund Policy
3.11 All Inventory Items sold through our online sale are final.
3.12 You may only cancel your rental order if your Inventory Item hasn’t been dispatched. If you wish to cancel your order, please let us know as soon as you can by contacting customer service on email@example.com and we will be happy to take care of it for you.
3.12 If you cancel within this time period, you will receive a full refund for the Rental Fee associated with the cancelled order. After this time period, you may no longer cancel your order and you will be charged the full amount of the Rental Fee and any other charges payable under these Terms and Conditions.
Delivery and Shipping Addresses
3.13 Upon delivery, you bear responsibility for the Inventory Item.
3.14 You acknowledge that a Secure Shipping Address is highly recommended. A “Secure Shipping Address” means a location where an individual can physically receive Inventory Item(s). If an un-secure shipping address is provided, Front Row does not bear liability for Inventory Items left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Front Row will not be liable. You will be liable for all such delays and additional delivery fees. We will not deliver Inventory Items (or any correspondence) to PO Box addresses in the United Kingdom.
Use of the Inventory Items
3.15 The Inventory Items we send to you will be cleaned and delivered ready to wear. While we will clean and inspect each Inventory Item we send to you, use of the Inventory Item is at your own risk and Front Row shall not be held liable for any health-related complaints associated with any Inventory Items.
3.16 Inventory Items are hired to the customer on the understanding that they shall be returned on the last day of their hire period.
3.17 Insurance at a cost of £15.00 can be added to all hires, this provides cover for any minor damage while the item is in the customer’s possession.
3.18 You agree to treat the Inventory Item with great care and to return it to Front Row in the same condition as it was in when you received it. You are responsible for loss, destruction or damage to the Inventory Item due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage. If you return an Inventory Item 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 Inventory Item, as determined in our discretion, up to the Replacement Value for the Inventory Item (on top of any applicable Rental Fees).
3.19 Extra charges will also apply on occasions when the damage to the Inventory Item delays or cancels a future customer. This will be charged at the rate of the lost rentals accumulated. These decisions are at the full discretion of Front Row and will be followed through.
3.20 Renters shall not allow any other individual to wear or use rented Inventory Items in any way. In the event any damage is done to the Inventory Items or the Inventory Items are lost during the time of their rental by a Renter rents the Inventory Items, the Renter is responsible for paying the applicable damages which may include the full Replacement Value of the damaged or lost Inventory Items (on top of any applicable Rental Fees).
Return of Inventory Items
3.21 When you rent an Inventory Item, your rental period will commence on your Expected Delivery Date and will last for the three-day, five day or specific period you have agreed with Front Row at the time of rental. The last day of this period is referred to as the “Return Date”. It is your responsibility to ensure your rented Inventory Items are returned to us by the Return Date.
3.22 With delivery of the Inventory Item, Front Row will provide you with a pre-paid, pre-addressed return label as well as instructions for your use in returning the Inventory Item to Front Row (“Return Packaging”). If we have provided you with a Front Row carrying case, this is not yours to keep. If the Front Row carrying case is not returned you will be charged a £10 fee (details below under “Lost Return Packaging”).
3.23 We are not responsible for any personal or other items left in the Inventory Items or which are returned to Front Row in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact us as soon as possible at firstname.lastname@example.org. Our staff may assist in attempting to locate such items at a customer’s request but are not obligated to and assume no liability for doing so.
3.24 You may extend your order for an Inventory Item by phone to Front Row; provided that any extensions are subject to other orders for that Inventory Item and to pre-payment of the additional Rental Fee applicable to that Inventory Item for the period of time of the extension.
3.25 If you return an Inventory Item late or not at all, a late fee equal to 10% of the five day rental price of the Inventory Item will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to Front Row for every day that you are late returning the Inventory Item, and you agree to pay such late fees, up to an amount not to exceed 100% of the Replacement Value (plus any applicable Rental Fees). If you have not returned an Inventory Item within fourteen (14) days after the Return Date for the Inventory Item, your late return will be considered a non-return and Front Row will charge to your payment card the Replacement Value of the Inventory Item, less any late fees that you have already paid (but in addition to any Rental Fees).
3.26 Front Row will not charge you for more than an amount equal to 100% of the Replacement Value plus the Rental Fee, in the aggregate, for any charges arising under this Section. If you pay Front Row an amount equal to 100% of the Replacement Value, plus any applicable Rental Fees, and you still possess the Inventory Item, the Inventory Item is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section.
3.27 The following are the limited warranties Front Row provides in connection with Inventory Item rentals. Front Row’s liability to you for failure to comply with any of these warranties is limited to timely delivery of an Inventory Item conforming to the warranties or a refund of the Rental Fee (excluding delivery charges) as determined by Front Row.
3.27.1 Clean and Ready to Wear. The Inventory Items will be cleaned and delivered ready to wear. While Front Row cleans and inspects each Inventory Item with the utmost care, any use of the Inventory Item is at your own risk and Front Row shall not be held liable for any health-related complaints associated with any Inventory Item.
3.27.2 Sizing Returns. If your Inventory Item does not fit you, you must email us to request a refund or exchange within four hours of receiving the Inventory Item. Unless otherwise approved by Front Row, should a product be kept overnight by the customer, Front Row reserves the right to charge the full rental fee. All garment tags must remain intact in order to be eligible for a refund. If you fail to fulfil agreed upon terms, your credit card will be charged for the full, non-discounted fees and charges for the entire period. All accessories including hats, bags and jewellery are non-refundable.
The following additional conditions apply to the sale of any Inventory Item.
Sales of Inventory Items on “As Is” basis.
3.28 You acknowledge and agree that only those Inventory Items designated by us on the Website Front Row as available for purchase are eligible for purchase by you – some Inventory Items are available for rental only. Front Row will clean and inspect purchased Inventory Items before they are delivered to you. However, all Inventory Items are sold on an “as is” basis, without any warranty whatsoever, and all Inventory Item sales are final, save as set out under “Returns” below.
3.29 The purchase price (“Purchase Price”) for the Inventory Items will be the purchase fee and delivery charges listed on the Website Front Row in connection with your purchase of the Inventory Items. The Purchase Price is as listed on the Front Row Website at the time of purchase. Front Row reserves the right to alter the Purchase Price, discount, or availability of any particular Inventory Item at its discretion and without notice. Upon your purchase order for an Inventory Item, you hereby authorise Front Row (or our payment services provider) to charge your payment card for the Purchase Price. We (or our payment services provider) will charge your payment card the amount of the Purchase Price immediately upon your purchase order.
3.30 All Inventory Items sold through our online sale are final.
4. TERMS AND CONDITIONS APPLICABLE TO VENDORS
COLLECTION OF PRESENTED ITEMS
4.1 Arrangements for the collection of any order or consignment of Presented Items (a “Consignment”) from the Vendor and for its for transportation to one or more of Front Row’s warehouses and/or other locations, will be agreed between the Vendor and Front Row at the time of each Consignment. Where collections are arranged by Front Row, they will be carried out by an appointed and authorised service provider of Front Row.
4.1.1 On surrendering items to Front Row, either by post or collection, it is deemed that all terms and conditions in the Vendor Agreement or herein are accepted by the Vendor. Pricing agreed over email supersedes the signing of the Vendor Agreement and thus the website terms and conditions are in effect. Once photography has commenced, extraction costs are applicable at £5 per item.
4.2 The Vendor shall notify Front Row in writing of any Presented Items within any Consignment which the Vendor intends to be made available for rental only (and not purchase) and, for any such Presented Item, an indication of what the Vendor believes to be an appropriate Replacement Value.
ACCEPTANCE OF PRESENTED ITEMS
4.3 Upon receipt of the Consignment, Front Row will evaluate the Presented Items to determine their authenticity, quality and potential sale or rental value in line with Front Row’s inventory policy. A full description of the item must be included in the spreadsheet, coat hangers, garment bags, dust-bags, boxes, branded collateral and other items are not deemed part of an item and cannot be included in the product description and should not be sent with the items.
4.4 Within approximately 30 business days after Front Row’s receipt of any Consignment, Front Row shall provide to the Vendor, via email or otherwise, an itemised schedule (the “Consignment Inventory Schedule”) setting forth:
4.4.1 details of the Presented Items in the Consignment that are accepted by Front Row for listing on the Front Row Platform (“Accepted Items”), including a short description of each Accepted Item, whether the Accepted Item is to be made available for rental and purchase or rental only and the suggested initial rental (and, where appropriate, selling) price and Replacement Value of each such Accepted Item; and
4.4.2 those Presented Items in the Consignment that are not accepted by Front Row for listing on the Front Row Platform (“Non-Accepted Items”).
4.5 The determination of each of (i) whether a Presented Item becomes an Accepted Item or a Non-Accepted Item and (ii) the proposed rental and sale price for any Accepted Item will be in the sole discretion of Front Row. However, ultimately the final decision on the setting and/or acceptance of the rental and sale price for any Accepted Item will be at the sole discretion of the Vendor. The Replacement Value of each Accepted Item will be in sole discretion of Front Row, other than in respect of Inventory Items made available for rental only and not for sale, for which the Replacement Value will be agreed between Front Row and the Vendor.
4.6 Any Non-Accepted Items will be transferred to Front Row ownership (and disposed of or donated to charity) or returned to the Vendor, at the Vendor’s option and expense, within thirty (30) days after Front Row’s receipt of such Non-Accepted Item. Front Row’s designation of any items as Non-Accepted Items shall in no way alter the effect of these Terms and Conditions as to any other Presented Item, if any.
4.7 Notwithstanding the provisions of the paragraph above, if a Presented Item has been collected from the Vendor by an Front Row stylist and assessed in person at the point of collection and is subsequently determined to be a Non-Accepted Item, the relevant Non-Accepted Item shall be returned to the Vendor via delivery at the expense of Front Row.
4.8 Under no circumstances shall the Vendor be eligible for any Sales Commission or Rental Commission (each as defined below) in respect of any Non-Accepted Item.
4.9 In the event that a Non-Accepted Item is not physically retrieved by the Vendor from Front Row for a period of ninety (90) days or Front Row requests return shipping information from the Vendor without adequate response for a period of ninety (90) days after initial request, all applicable Non-Accepted Items shall be deemed abandoned to Front Row and the Vendor shall have no further right or claim as to any such Non-Accepted Items or any proceeds thereof.
FAKE, COUNTERFEIT AND STOLEN PRESENTED ITEMS.
4.10 Front Row is obliged by law to retain and destroy Inventory Items presented to it that are fake or counterfeit. An item is a “fake” if it carries the branding of a designer who did not design it and/or a manufacturer who did not make it. An item is “counterfeit” if it is fake with intention to deceive. If we receive any items that we determine, in our sole discretion, to be fake or counterfeit, we will retain and destroy them and report the provider of the items to the Trading Standards Office.
4.11 If we receive any Inventory Items that we determine, in our sole discretion, to be stolen, we will retain the items and notify the Police.
4.12 The Vendor hereby represents and warrants that that he/she has no reason to believe that any Presented Item is fake, counterfeit, or stolen.
4.13 If any Presented Item from the Vendor is found to be fake, counterfeit or stolen and Front Row is found liable for the sale of the fake, counterfeit or stolen Presented Item, or if Front Row incurs any liability from such an item, the Vendor acknowledges that the indemnification provisions set forth under “Vendor’s Representations and Warranties and Indemnification” shall apply. The Vendor’s personal information may be requested by law enforcement personnel, rights owners or their representatives looking to trace the origin of the stolen or counterfeit items. The Vendor acknowledges and agrees that it is Front Row’s policy that Front Row may provide such information in its sole and absolute discretion.
LISTING ON THE FRONT ROW PLATFORM
4.14 Following acceptance of an Accepted Item, Front Row will photograph the Accepted Item and display it on the Front Row Platform, stating whether the Accepted Item is available for rental and purchase or for rental only. The Vendor hereby grants to Front Row the right to illustrate and photograph any Presented Item, and to use such photographs, illustrations or images therefrom for such purposes as Front Row sees fit.
4.15 You acknowledge and agree that Front Row shall have the right to make minor amendments and repairs to any Accepted Items, such as the replacement of buttons, repair or hooks and eye and hem repairs. These will be carried out by a trained professional and will be at the cost of the Vendor.
4.16 The listing of any Inventory Item on the Front Row Platform shall be and shall at all times remain at the sole discretion of Front Row. Front Row shall in its sole discretion decide whether or not to list any Inventory Item and shall be entitled at any time and for any reason to withdraw any such listing including where, in the sole judgment of Front Row, the relevant Inventory Item no longer satisfies Front Row s inventory policy.
4.17 Prices are set at the sole discretion of the Vendor. While Front Row representatives are on hand to offer guidance as to a suggested rental and sale price, ultimately the final decision on the setting and/or acceptance of the rental and sale price for any Accepted Item will be the sole discretion of the Vendor.
4.18 The Vendor acknowledges that Front Row will designate the product category for any marketing or sales efforts in Front Row’s sole and absolute discretion.
4.19 The Vendor agrees that Front Row shall have the right to make use of all Inventory Items (including images thereof) for the purposes of or in connection with internal and external communications and marketing, such as press releases, media events and publications and photo shoots and hereby consents to Front Row doing so. For the avoidance of doubt, any and all intellectual property comprised in any such images, press releases and communications shall reside with Front Row and the Vendor shall have no rights in relation thereto.
4.19.1 The purchase price (“Purchase Price”) for the Inventory Items will be the purchase fee and delivery charges listed on the Website Front Row in connection with your purchase of the Inventory Items. The Purchase Price is as listed on the Front Row Website at the time of purchase. Front Row reserves the right to alter the Purchase Price, discount, or availability of any particular Inventory Item at its discretion and without notice. Ready to wear items may be discounted by up to 50% at the discretion of Front Row after 3 months of receipt of inventory, the discount is borne by the vendor. Upon your purchase order for an Inventory Item, you hereby authorise Front Row (or our payment services provider) to charge your payment card for the Purchase Price. We (or our payment services provider) will charge your payment card the amount of the Purchase Price immediately upon your purchase order.
ACCESS TO OTHER CHANNELS
4.20 Front Row may also grant the Vendor the opportunity to monetise Inventory Items via access to selected discount channels. This service will be offered via the Front Row Platform. For the avoidance of doubt, this will be on an anonymous basis.
WITHDRAWAL OF LISTING
4.21 In circumstances where, at any time, Front Row determines that an Accepted Item is unlikely to generate sufficient further interest for rental or sale on the Front Row Platform or otherwise decides to withdraw the relevant Inventory Item from listing, Front Row will notify the Vendor of such withdrawal (a “Withdrawal Notice”). On receipt of that notification, the Vendor shall have the option, by notice to Front Row:
4.21.1 to have the relevant Inventory Item returned (at the Vendor’s expense); or
4.21.2 to grant ownership of the relevant Inventory Item to Front Row, in which case Front Row shall be free to dispose of the Inventory as it sees fit, including looking to monetise the Inventory Item by marking the price down and/or via discount channels’ or
4.21.3 to authorise and instruct Front Row to dispose of the relevant Inventory Item or donate it to a charity chosen by Front Row.
4.22 If the Vendor does not notify Front Row of either of the options set out above within 15 business days of the Withdrawal Notice, Front Row shall dispose of the relevant Inventory Item or donate it to a charity chosen by Front Row.
INITIAL HOLDING PERIOD; RETURN OF PRESENTED ITEMS.
4.23 The Vendor may request the return of any Presented Item at any time, with return shipping fees to be at Vendor’s sole expense and all risk of loss in transit to be borne by Vendor; provided, however, that during the first 180 days from the date a Presented Item is received by Front Row (the “Initial Holding Period”) any such request will also incur a fee of £30 (including standard rate shipping) per item returned (the “Early Termination Fee”), to cover Front Row’s costs of transporting, storing, cataloguing and photographing the applicable Presented Item, other than for Non-Accepted Items.
4.24 Front Row shall remove any listing of any returned Presented Item from the Front Row Platform within a reasonable time period.
COMMISSIONS AND PAYMENT
4.25 Upon the successful sale of any Presented Item by Front Row over the Front Row Platform, the Vendor will receive from Front Row a commission payment in an amount equal to 80% of the net selling price for the relevant Accepted Item, excluding delivery charges (the “Sales Commission”). The Consignment Inventory Schedule will set out, alongside the initial proposed selling price for each Accepted Item, the Sales Commission that would be payable if the Accepted Item were to be sold for that initial proposed selling price. If the selling price for the item subsequently changes, the applicable Sales Commission will be adjusted accordingly.
4.26 The payment of the Sales Commission to the bank account stipulated by the Vendor shall be Vendor’s sole compensation under these Terms and Conditions in relation to the sale of any Presented Item. The Sales Commission shall reflect all applicable promotions and/or other discounts applied directly to or associated with a sold Accepted Item.
4.27 Sales Commission payments will be made to the bank account stipulated by the Vendor on the 30th of every month for items sold in the calendar month. For example, payments processed on January 30th would cover the sales made in January. If the 30th falls on a weekend or a public holiday in the United Kingdom, payments will be processed the following business day.
4.28 Upon the successful rental of any Accepted Item by Front Row, Vendor will receive from Front Row a commission payment in an amount equal to 70% or 75% depending on the chose storage option of the net rental fee for the relevant Accepted Item, excluding any cleaning/repair surcharge included in the rental fee and any delivery charges (the “Rental Commission”), The Consignment Inventory Schedule will set out, alongside the initial proposed rental price for each Accepted Item, the Rental Commission that would be payable if the Accepted Item were to be rented for that initial proposed rental price. If the rental price for the item subsequently changes, the applicable Rental Commission will be adjusted accordingly.
4.29 The payment of the Rental Commission to the bank account stipulated by the Vendor shall be Vendor’s sole compensation under these Terms and Conditions in relation to the rental of any Presented Item. The Rental Commission shall reflect all applicable promotions and/or other discounts applied directly to or associated with a rented Presented Item.
4.30 Rental Commission payments will be made to the bank account stipulated by the Vendor on the 30th of every month for items sold in the calendar month. For example, payments processed on January 30th would cover the sales made in January. If the 30th falls on a weekend or a public holiday in the United Kingdom, payments will be processed the following business day.
Risk of Loss
4.31 Once in Front Row’s possession, Front Row shall guarantee insure each Presented Item in such amounts and against such risks as to which such goods are customarily insured, including insurance for theft and damage. Goods are insured at 40% of the ‘buy’ price listed.
4.32 Notwithstanding the foregoing, Front Row’s liability hereunder shall be limited to the lesser of (i) either (A) the amount of the present day value of the Presented Item (B) resale value of the Presented Item
4.33 Absent definitive evidence to the contrary, determinations under this Section 4 shall be made in Front Row’s sole and absolute discretion. Furthermore, Front Row shall not be responsible for any loss or damage that is specifically excluded by Front Row’s insurance policy.
Title to Inventory Items
4.34 Title to and ownership in each Presented Item will remain with the Vendor until such Presented Item is:
4.34.1 sold by Front Row;
4.34.2 lost or stolen from Front Row’s stock on hand;
4.34.3 damaged beyond reasonable repair or destroyed while in Front Row’s possession;
4.34.4 transferred to Front Row pursuant to paragraph 4.21.2;
4.34.5 deemed to be a Non-Accepted Item and the Vendor has not requested that it be returned to the Vendor; or
4.34.6 otherwise not physically present in Front Row’s stock on hand.
Vendor’s Representations and Warranties; Indemnification
4.35 The Vendor represents and warrants that:
4.35.1 the Vendor is the sole legal owner of each Presented Item; and
4.35.2 the Vendor obtained each Presented Item in a legal manner with clear title. The Vendor warrants and represents that any description of any Presented Item provided by Vendor to Front Row is true, and accurate and not misleading (including by omission) and no defects have been discovered in the item(s) that Vendor has not disclosed.
4.36 The Vendor further warrants that:
4.36.1 no Presented Item infringes upon or violates any trademark, copyright, or other proprietary right of any third party, any applicable law or regulation;
4.36.2 all Presented Items deposited with Front Row are authentic; and
4.36.3 the Vendor has not made any misrepresentations with respect to the authenticity of any Presented Item.
4.37 In the event that any Presented Item or description tendered by the Vendor to Front Row is deemed to be disingenuous by the trademark holder of the good, the Vendor shall assume all liability with respect to the disingenuous and infringing good(s). Furthermore, the Vendor hereby agrees to release, hold harmless, defend, and indemnify Front Row and its officers, directors, shareholders, agents, and employees from any and all liability, including legal fees and costs, with respect to any claims that may arise out of Front Row’s display, transport or sale of any Presented Item for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation.
4.38 The Vendor further represents and warrants that no rights of any third parties or trademark holders will be violated by the Vendor’s agreement to these Terms and Conditions.
Use of Front Row Website and Front Row Platform
4.39 As a Vendor you agree to defend, indemnify, and hold harmless the Front Row Parties (as defined in Section 5 below) from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms and Conditions; (ii) your misuse of the Front Row Website and/or the Front Row Platform; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
4.40 You will not use the Front Row Website and/or the Front Row Platform to find a Customer and then complete the transaction offline in order to circumvent paying Front Row for the use of the Front Row Platform.
4.41 Other than listing, selling and making available for rent Inventory Items in accordance with these Terms and Conditions, you will not use the Front Row Platform to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme.
5. NO WARRANTIES/LIMITATION OF LIABILITY
NONE OF FRONT ROW, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “FRONT ROW PARTIES”) ENDORSE OR RECOMMEND ANY INVENTORY ITEMS, VENDORS OR CUSTOMERS.
NONE OF THE FRONT ROW PARTIES HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY GOOD(S) YOU RENT THROUGH THE PLATFORM OR ANY RESULTS CAUSED BY USING SUCH GOOD(S), INCLUDING WITHOUT LIMITATION, ANY DEATH, OR BODILY INJURY YOU MAY SUFFER.
THE FRONT ROW WEBSITE, THE FRONT ROW PLATFORM, AND THE FRONT ROW CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, SAVE AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW CLAIMS: (I) NONE OF THE FRONT ROW PARTIES SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE FRONT ROW WEBSITE, THE FRONT ROW, EVEN IF SUCH FRONT ROW PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE FRONT ROW WEBSITE, THE FRONT ROW PLATFORM SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE FRONT ROW PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE FRONT ROW WEBSITE AND THE FRONT ROW PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE FRONT ROW WEBSITE AND THE FRONT ROW PLATFORM. THE FRONT ROW WEBSITE AND THE FRONT ROW PLATFORM MAY CONTAIN INFORMATION ON TYPES OF INVENTORY ITEMS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO AN INVENTORY ITEM ON THE FRONT ROW PLATFORM DOES NOT IMPLY THAT SUCH INVENTORY ITEM IS OR WILL BE AVAILABLE WHEN YOU WOULD LIKE TO RENT IT OR BUY IT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE FRONT ROW WEBSITE AND THE FRONT ROW PLATFORM AT ANY TIME WITHOUT NOTICE.
6. TERMINATION OF THESE TERMS AND CONDITIONS
6.1 We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and Conditions and your access to all or any part of the Front Row Website, the Front Row App and/or the Front Row Platform, at any time and for any reason without prior notice or liability. Notwithstanding the termination of these Terms and Conditions, the following provisions shall remain in full force and effect:
6.1.1 The Front Row Platform – Intellectual Property;
6.1.2 Terms and Conditions Applicable to Customers – Rentals – Rental Fee; Cancellation Policy; Late Fees; Limited Warranties;
6.1.3 Terms and Conditions Applicable to Vendors – Vendor’s Representations and Warranties; Indemnification; Risk of Loss
6.1.4 No Warranties/Limitation of Liability
6.1.5 Termination of these Terms and Conditions
6.2 We reserve the right to change, suspend, or discontinue all or any part of the Front Row Website and/or the Front Row Platform at any time without prior notice or liability.
Communications to Us
7.1 Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
Communications from Us
7.2 You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialling system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying “STOP” to a text message you receive from us or by emailing email@example.com. You acknowledge that opting out of receiving communications may impact your use of the Front Row Platform.
8.1 These Terms and Conditions are governed by the laws of England and Wales.
8.2 Our failure to act on or enforce any provision of these Terms and Conditions shall not be construed as a waiver of that provision or any other provision in these Terms and Conditions. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms and Conditions will inure to the benefit of our successors, assigns, licencees, and sublicencees.