General terms and conditions

For the use of WeDress Collective - The smart way to enjoy fashion.

1. Scope

These general terms and conditions (also "GTC") regulate the use of the online services of WeDress Collective GmbH, based in Vienna at the business address in 1070 Vienna, Lindengasse 56/18-19, c/o Impact Hub Vienna, registered in commercial register of the commercial court of Vienna under FN 530061b (“WeDress”). Deviating terms and conditions of the user do not apply. The users of the services of WeDress agree that in the case of use of terms and conditions of the user, the application of the conditions of WeDress is to be assumed, even if the conditions of the user are not dissented.

For users who (also) use the services of WeDress as lender, additionally the special terms of use for lenders in the appendix of these terms and conditions also apply.

2. Subject

2.1 WeDress offers an online platform for mediation of clothing and accessories between users enables (hereinafter referred to as "service"). WeDress does not act as a lender itself and does not become a party to the rental agreements to be concluded. These occur exclusively between individual users and lenders.

2.2 A "user" according to this terms and conditions are all natural or legal persons or associations of persons who use WeDress for information or for initiation or conclusion of rental agreements, also as a lender.

3. Use of the service / registration / user account

3.1 Access to the service (especially the search for rental items) is possible without registration. A registration is only for the use of certain functions of the service and at least when used as a lender or for the conclusion of a rental contract required as a tenant. Otherwise the registration is optional.

3.2 Registering or other kinds of use of the service (e.g. making booking inquiries) concludes a contract between the user and WeDress for the use of the service. The registration and the setup of a user account as well as the use of the services as renter are free of charge. Minors and other not or only limited legally competent natural persons are not allowed to use the service. Per legal or natural person only one registration is allowed. A user account is not transferable.

3.3 The user is obliged to provide all data collected in the registration form and in connection with booking inquiries truthfully and - insofar as it is mandatory information that are marked accordingly - to be carried out in full. In case of a change of the data after registration the user is obliged to update the data collected after registration immediately or - if this is not possible - to inform WeDress immediately about the changes.

If necessary, WeDress reserves the right to verify the identity of a user to a at a later point in time via appropriate verification procedures. Until the verification has been successfully completed, a user account can be blocked by WeDress.

3.4 By sending the registration form the user offers to conclude a usage agreement with WeDress, confirms that the user has read the terms and conditions and agrees to them further confirms, to not be excluded of the use of the service in accordance with section 3.2. WeDress reviews registration requests and reserves the right to refuse the user's registration without giving a reason.

3.5 If WeDress accepts the registration, the user receives a confirmation message in which the most important information of the user are summarized. To complete the registration, the user must follow the instructions provided in the confirmation message. Upon receipt of the confirmation message, WeDress and the user agreement is concluded.

3.6 When registering, the user defines a username ("access data"). Usernames which violate third party rights, in particular name or trademark rights, or which are otherwise unlawful or against good morals are not allowed. The user has to keep the access data secret and protect it from access by unauthorized third parties. In case that access data has been lost or if the user discovers or suspects that the access data are used by a third party, the user has to inform WeDress immediately by e-mail or contact form.

3.7 The user is aware that information in the context of the contractual relationship (e.g. confirmation messages, changes to the terms and conditions or other notifications) will be sent to the user by e-mail.

3.8 WeDress reserves the right to immediately block the User account

• if the user provided incorrect information upon registration as a user or when sending a booking request;
• in the event of loss or suspicion of improper use of the access credentials by a third party;
• if the user has otherwise violated the terms and conditions; or
• if there is otherwise an important reason.

In the event that the user account is blocked, it is prohibited to the user to register with the same or different user data (alias name etc) and to create a new user account.

3.9 WeDress has the right to edit, prepare and adapt offers and content of users in such a way that these can be displayed on all devices. Every user is for herself or himself responsible for viewing the complete content of a rental offer on the platform before making a rental decision.

4. Use Reviews and Comments

4.1 Depending on the technical circumstances of the service a user can rate and comment the lender and the transaction.

4.2 The ratings and comments should reflect the subjective opinion of the user about his or her satisfaction with the rental and the lender in a factual manner. As a matter of principle, WeDress does not check ratings and comments for correctness, truthfulness or legality. Users are solely responsible for the correctness and legality as well as for the resulting legal consequences of their ratings and comments. WeDress is entitled, but not obliged, to check the compatibility of ratings and comments with the applicable statutory provisions and these terms and conditions and, if necessary, to change or delete them. Improper use of the rating system is not permitted. Every user is obliged to comply with the statutory provisions when posting ratings and comments and, in particular, to only provide truthful and factual information. In particular, every user is obliged

• not to impersonate any other person or company and to deceive about one's own identity;
• not to harass, threaten other people and lenders or to violate their dignity, honor or sexual self-determination;
• to practice no defamatory criticism and no slander, insults, lies or spread of false information;
• not to submit inaccurate or irrelevant ratings or comments;
• not to submit ratings or comments about herself or himself, her or his company or employer or to let any third party subit such ratings or comments on her or his behalf; and
• not to use the rating and comment system in a way that runs counter to its purpose

4.3 WeDress reserves the right to unlock reviews and comments only after a prior examination of the content, to delete at any time without giving reasons, not to display and to contact the lender concerned about the rating or the comment.

4.4 The user admits WeDress to his reviews and comments, insofar as they can be protected by copyright, free of charge the non-exclusive, temporally and spatially unlimited, transferable and sublicensable usage rights for use in the WeDress online services, in particular the right to reproduce, making available and disseminating to the public, also in edited and modified form. In particular, WeDress is entitled to use ratings and reviews and comments even after the registration has ended and also outside of the actual rating function, e.g. in the context of promotional materials as testimonials etc.

5. Conclusion of rental agreements and general renter obligations

5.1 The user initially provides via the corresponding button a binding booking request to conclude a rental with the lender. WeDress transmits the data received from the user at the (period and any other information as well as the personal details given in the booking request form) to the lender. The lender then contacts the renter and then sends the renter either a rejection or a confirmation of the conclusion of a rental agreement. The lender also has the option of sending a message to the renter via the corresponding button.

5.2 WeDress accepts payments from the renter as a representative of the lender on her or his behalf. A rental contract is established exclusively between user and lender. For the rental contract, unless expressly stated in the respective product detail page, these terms and conditions apply.

5.3 The information on the rental objects originate from the lender. Reviews and comments from other users can can only be assessed as a subjective, private opinion or recommendation and should not be used as a business basis when concluding contracts, but are understood at best as an indication of the quality and reliability of the respective lender and rental items.

5.4 WeDress endeavors to prevent fraudulent use of the service. Unfortunately, it cannot be ruled out that this still happens in individual cases. In cases of doubt it is recommended to verify the identity of the other contractual partner before the exchange of services.

5.5 The renter is obliged to treat the rental object with care and to return it to the lender the day after the end of the rental period. A delivery option with tracking of the delivery has to be used. The renter must immediately send the tracking number to the lender. The costs for the return shipment are to be borne by the renter.

5.6 In case a renter damaged a rental object or soiled beyond normal wear and tear, this must be reported to the lender immediately. The renter and lender then have to discuss how the incident is resolved. If the rental object has been damaged more severely (high repair costs or if the rental object has to be replaced) renters pay for the damage completely alone (repair, cleaning, replacement). In any case, a cost sharing by WeDress is fully locked out.

6. Use of personal information

Personal data, in particular contact details of others who are included in the service of WeDress or which the user otherwise receives in the context of usage of the service may be used by renters and lenders exclusively for the purpose of initiating and processing rental contracts be used. In particular, it is forbidden to use such data for advertising purposes and to send unsolicited e-mail, fax or to send mail advertising or unsolicited telephone calls. The users of the WeDress service commit themselves to comply with relevant data protection regulations (in particular the GDPR) as well as other provisions (e.g. TKG) and to indemnify and hold harmless in this context.

7. Additional services; Payment via WeDress

7.1 In the booking process, additional offers and services may be displayed. If the user books such additional services, the user will conclude a contract with the lender or - if specified - with the respective third party (e.g. an insurance) at the specified terms and conditions.

7.2 WeDress accepts payments as the representative of the respective lender or provider of additional services. The payment of the rental price plus shipping and cleaning costs (minus the WeDress service fee) to the lender is done one day after the start of the rental period. The amount is usually within 4-5 working days on the specified account.

7.3 Basically, WeDress offers as payment via PayPal and Klarna-Sofortüberweisung. Actually available payment methods will be shown in the booking process. The Payment service providers use those required to process payments Data exclusively for the execution of the payments. The data will be securely transmitted via SSL encryption. PayPal transferred, processed and possibly stores personal data in the USA and has subject to the Privacy Shield Agreement. You can find more information on this In our privacy policy and under https://www.paypal.com/us/webapps/mpp/ua/privacy-full.

7.4 The rental price is in EURO including the applicable sales tax, if this is due and plus the stated costs for postage, shipping and packaging ("shipping costs"). The rental price for items rented through the platform is due for payment immediately upon conclusion of the rental agreement. The payment of the rental price is made in advance.

8. Cancellation option

8.1 The renter can cancel the booking against payment of a cancellation fee as follows:

• Before acceptance of the booking request by the lender: free of charge
• Within 24 hours of confirmation of the booking request, provided at least 7 days before the start of the rental period: free of charge

After the aforementioned periods of time, the full rental price as well as the WeDress fee apply.

8.2 The cancellation must, insofar as the service of WeDress does not yet offer its own online cancellation function, be done via the WeDress customer service (email to: hello@wedresscollective.com).

8.3 Possible refunds are in the form of a credit to the specified bank account or via PayPal credit.

8.4 Insofar as there is a statutory right of withdrawal, this remains unaffected. When exercising the statutory right of withdrawal, no cancellation fee due.

9. Term and Termination

9.1 The registration runs for an indefinite period. It can be terminated by the user at any time. WeDress can terminate the registration at any time without giving reasons, taking into account a terminate with a notice period of two weeks. If technically possible, it is sufficient for the user to delete the account in the personal settings, but in any case a message by email to hello@wedresscollective.com is sufficient.

9.2 The right to extraordinary termination remains unaffected by this.

9.3 Termination of the registration has no effects on the effectiveness of already concluded contracts.

9.4 Ratings and comments made by a user who has given notice of termination can remain in the system, unless the user expressly asks for deletion of her or his ratings and comments.

10. Liability

10.1 WeDress provides users with the statutory provisions for compensation if the damage was intentional or caused by gross negligence, if they are the result of the non-existence a quality of the service expressly guaranteed in writing, or are a culpable breach of essential contractual obligations based on personal injury or for which liability is provided for in the Product Liability Act.

10.2 Essential contractual obligations are such contractual obligations, the fulfillment of which the proper execution of the Enable the contract in the first place and on compliance with the Contractual partner may regularly trust, and their violation on the other side endangers the achievement of the contractual purpose.

10.3 Incidentally, both WeDress as well as those of WeDress' assistants are for whatever legal reason excluded.

11. Changes to the terms and conditions

11.1 WeDress has the right to change the terms and conditions for the use of any newly introduced additional functions. The planned changes to the GTC will be made available to the user within two weeks at the latest before the planned entry into force by e-mail to the one specified by him E-mail address or - depending on the technical conditions - via the News function of the service announced. The user's consent to the change to the terms and conditions is deemed to have been granted if the change is not made within a period of two weeks, starting on the day on which change notification follows, in text form (e.g. letter, fax, e-mail) contradicts. WeDress undertakes to refer to the Possibility of objection, the deadline for objection, that Text form requirement as well as the meaning or the consequences of omission to point out an objection separately.

11.2 If the user objects to the change in the terms and conditions in due form and in due time, the contractual relationship will be under the previous one conditions continued. In this case, WeDress reserves the right to terminate the contractual relationship.

11.3 A change to the terms and conditions with express The user's consent is possible at any time.

12. Other

12.1 The user is not eligible for set-off , unless the counterclaims are determined legally binding or are expressly recognized in writing by WeDress.

12.2 If the user is an entrepreneur, is exclusive place of jurisdiction for all arising from the contractual relationship resulting claims the competent court for 1010 Vienna.

12.3 Only Austrian law excluding its conflict of laws provisions. The uniform UN sales law does not apply. The contract language is German.

13. Granting of rights to content posted by users

13.1 The user concedes WeDress with regard to all content uploaded by him is free of charge, in terms of time and location unrestricted, simple right to use the content in your own or foreign media. The transfer of rights includes in particular the right to duplication, making available to the public, editing, broadcasting and dissemination of the content.

13.2 WeDress has the right to sub-license them Granting rights to companies affiliated with WeDress.

13.3 In addition, the user clears WeDress regarding its in connection with the setting of an article on the platform published content has the right to any number of buyers sub-licenses for making publicly available, copying and grant editing of the content.

13.4 The user assures that he has received the information in paragraph 13 are entitled solely and without restriction to the content and there has not yet been any provision contrary to this transfer of rights.

ATTACHMENT

SPECIAL TERMS OF USE FOR LENDERS

A. Rental agreements

A.1 WeDress itself does not offer any items for rental, but acts as a platform for brokering rental agreements. WeDress is not a party to the rental contract. This comes about exclusively between renter and lender.

A.2 WeDress reserves the right to including your own rental items in exceptional cases (e.g. for test purposes).

B. Conclusion of contract

B.1 Uploading (i.e. putting online) an item is free. WeDress receives a commission from the lender for every rental that the lender concludes with a renter.

B.2 Booking process and conclusion of a rental agreement and payments are made exclusively via the WeDress platform. The The real value of the bookings must always be stated truthfully.

B.3 WeDress is authorized by the lender to offer the rental object on the platform in the name and for the account of the lender, under the conditions (rental price, etc.) specified by the lender, in the availability period specified by the lender.

B.4 As far as the lender does not provide own rental conditions, WeDress is authorized to specify the rental conditions on behalf of the lender at WeDress's own responsibility. In any case, the cancellation conditions (according to the user terms and conditions) take precedence, so that renters can cancel their rental contracts according to the cancellation conditions. The lender will adjust her or his rental terms adjust accordingly.

B.5 The lender provides WeDress with information about item details, availabilities and other technical details. The lender is obliged to update the information regularly in the lender settings of WeDress and guarantees the topicality, completeness and correctness of the information. Further the lender guarantees that she or he meets all consumer information obligations (e.g. imprint, ECG) and that other statutory provisions are adhered to.

B.6 By successfully concluding a rental on the platform a rental contract between the lender and the renter is concluded. Resulting from this contract guarantee and liability claims exist exclusively between lender and renter. The lender and the renter agree on the details for the collection and return of the rental object. The lender is obliged to provide the rented item to renter in the the agreed time and condition, and to properly fulfill the rental agreement.

B.7 The lender must ensure that the renter receives the item not later than one day before start of the rental period. If the rental starts on a Monday the rental object must arrive no later than the previous Saturday. The lender is entitled to send the rental object with a shipping service provider of your choice is, however, generally encouraged to use the shipping providers recommended by WeDress. In any case, there should always be a type of delivery with a tracking number choosen. This must be communicated to the renter no later than 24 hours after dispatch.

B.8 If the lender has eventual delays in delivery / handover of the rental item, it has to be announced in writing to the renter within 3 working days. If the rental object is delivered to late for reasons attributable to the lender, the renter receives a refund all payments from the lender. Was the delay caused by a shipping service provider (e.g. postal service), all costs are shared equally between tenant and lender. If the renter is still interested in the remaining rental period in the event of delivery delays when renting over longer rental periods, the lender has to provide a refund for the days which the rental property arrived too late. The renter must inform the lender if the item has not arrived on the specified delivery date. After the above delivery date, the renter must immediately inform the lender, i.e. usually within 24 hours, that she or he has not received the item of clothing. The The lender then has to provide the renter with updated information on delivery issue a refund. Usually it takes 3 up to 5 working days for the refund to be processed by the payment provider.

With all delivery problems, especially delivery delays, not arrived rental items, incorrect tracking number, etc., the liability of WeDress damages of all kinds, regardless of the legal reason is ruled out.

B.9 Payments by the renter are sent to WeDress as representative of the lender. In the event of cancellation before collection or delivery of the rental object a cancellation fee as listed in the cancellation conditions (according to the user terms and conditions) is charged. Payment services for lenders on WeDress are provided by PayPal and Klarna and are subject to the terms of use of the Payment service provider. The lender agrees to provide complete information about herself or himself and - if applicable - her or his company to WeDress and authorizes WeDress to provide this information together with transaction information to the payment service provider.

B.10 Entitlement to the commission arises if a rental agreement is concluded between the lender and the renter.

If WeDress provides the payment service, WeDress retains a commission in the amount of 25% of the rental price plus shipping and cleaning costs on each Payment.

B.11 If the renter does not return the rented product in time, a penalty of 200 EUR will be charged. In addition, for each day of delay in returning the product, a fee equal to the daily rental price per day will be charged until the product is returned in full. The Lessee is obliged to pay the contractual penalty and the late fees within 14 days of receipt of the relevant invoice.

C. Price increases

WeDress is entitled to change the commissions within the contract period, by providing the new commissions to the lender at least two Weeks before the next invoice is issued in text form (including e-mails). If the lender does not object to the changes within one month from receipt of the notification, these are deemed to have been accepted. WeDress will inform the lender at the beginning of the period on the effect of approval. The lender is entitled to terminate the contractual relationship extraordinarily within a period of one month after receipt of the notice with effect from the date of entry into force of the new commision. If the lender objects to the price increase, WeDress is entitled to terminate the contractual relationship without with effect from the date on which the new commissions entry into force. The declarations of termination require the text form.

Extraordinary termination / termination

Each party is entitled to extraordinarily terminate this contract with immediate effect To terminate the effect, if there is an important reason. An important reason, that entitles WeDress to terminate, is present,

• if prohibited rental objects are offered for rent;
• if prohibited information is given in the context of the item description;
• in the case of circumvention to avoid commission claims from WeDress;
• if the lender violates the terms and conditions or the special terms of use for lenders, or WeDress has a reasonable suspicion of doing so; or
• if the lender does not provide a verification required by WeDress in accordance with point G.4 within 2 weeks after receiving a corresponding request.

As an alternative to extraordinary termination, WeDress is entitled to delete articles and to block the user account completely or temporarily. At termination of the contract the items in question will be set offline by WeDress.

E. Billing, payment

E.1 WeDress sends invoices to the contact details given by the lender. The invoice is considered to be received on the day of sending the invoice email. All remuneration include the statutory sales tax. WeDress is entitled to offset payments owed by the lender (including commissions) with payments that WeDress accepts for the lender.

E.2 Is the lender with the payment of the commission or the agreed remuneration for the additional service in arrears, WeDress can withhold the services owed by it or temporarily discontinue, block the user account and / or extraordinarily terminate the contractual relationship, if WeDress inform the lender within a period of one week and the lender does not pay the owed payments. Further rights of WeDress remain unaffected.

F. Intellectual Property / Exemption

F.1 The lender holds WeDress harmless for every claims by third parties, which these may rise because of offers or content, including the ratings submitted by the lender, or because of the inadmissible offering or lending of a legally protected objects The exemption includes in particular the reasonable costs of a necessary legal representation.

F.2 The lender keeps WeDress harmles for all costs and damages on first request that arise because WeDress is used by third parties because the lender is culpable of his obligations or has violated a contract or a rental agreement.

F.3 The lender is obliged in the event of a use of WeDress immediately, truthfully and completely to provide all information necessary for the examination of the claims and the defense against the claims.

F.4 Any further claims by WeDress stay untouched.

G. G. Publishing rental items, information, comments

G.1 The lender has the option to place individual rental items in the service and to offer them through the service for rental. The lender is obliged to place the item in the appropriate category, to correctly and completely describe the item, and to provide all conditions, properties and characteristics essential for the rental decision truthfully. The lender has to follow relevant legal requirements, in particular the provisions of the law against unfair competition. In particular, the information about the rented property is not allowed be misleading.

G.2 Is the renter a consumer in the sense of the Consumer Protection Act, the stated rental price has to be a gross price.

G.3 The lender is obliged to provide all required information according to the statutory provisions (e.g. for Distance sales contracts, imprint obligations according to § 5 ECG) in the prescribed form and for the prescribed time, in particular to disclose her or his identity, her or his address for a summons, if necessary, to indicate the right of withdrawal.

G.4 The lender guarantees that through the use of in more detail images of the rental items that are offered no rights of third parties, especially third parties copyright or personal rights, are violated. Photos must display rental objects yourself; WeDress is entitled to request evidence in in a suitable form. The lender grants WeDress a free of charge, non-exclusive, temporally and spatially unlimited, transferable and sublicensable right of usage for the content and images uploaded to WeDress online presence, in particular the right of reproduction, making available and disseminating to the public, also in edited and modified form.

G.5 The lender is obliged to remove items from the service immediately, if they are no longer available for rent.

G.6 The lender is obliged to provide all data, in particular information on billing and delivery addresses, truthfully and completely. If the provided information change, the lender has to update the information immediately in her or his user account or - if this is not possible - to notify WeDress about the changes immediately.

H. Online Comments and Ratings

H.1 After completing a rental, renters can rate and comment on the lender and the transaction. Lenders have - depending on the technical conditions of the service - the ability to comment on tenant ratings and comments on your part and to comment on it.

H.2 WeDress does generally not check ratings and comments not for correctness, truthfulness or legality. Renters and lenders are solely responsible for the correctness and legality as well as for the resulting legal consequences of their ratings and comments. WeDress is eligible, but not obliged to ensure the compatibility of ratings and comments with the applicable legal provisions and the terms and conditions and, if this is necessary to change them in the marked form or to delete them. Improper use of the rating system is not permitted. The lender is obliged to comply with statutory provisions when posting comments and, in particular, only post truthful ones and to provide factual information. In particular, the lender is committed,

• not to impersonate any other person or company and to deceive about one's own identity;
• not to harass, threaten other people and lenders or to violate their dignity, honor or sexual self-determination;
• to practice no defamatory criticism and no slander, insults, lies or spread of false information;
• not to submit inaccurate or irrelevant ratings or comments;
• submit reviews or comments regarding her or his company or his private activity as a lender, only through the comment functions provided WeDress (and in particular not to be handed over by third parties; there is a ban on “purchased ratings and reviews"); and
• not to use the rating and comment system in a way that runs counter to its purpose

H.3 WeDress reserves the right to activate reviews and comments only after a prior examination of the content, to delete at any time without giving reasons, not to contact the lender about the rating or the comment.

H.4 The user admits WeDress to his reviews and comments, insofar as they can be protected by copyright, free of charge the non-exclusive, temporally and spatially unlimited, transferable and sublicensable usage rights for use in the WeDress online services, in particular the right to reproduce, making available and disseminating to the public, also in edited and modified form. In particular, WeDress is entitled to use ratings and reviews and comments even after the registration has ended and also outside of the actual rating function, e.g. in the context of promotional materials as testimonials etc.

J. Evasion, penalties

J.1 WeDress users are prohibited from rental contracts or economic equivalent contracts for the transfer of the rental items offered on the platform by other ways - for example by using the "Message" function while bypassing the complete service. WeDress reserves the right to check to check the compliance to prohibition of evasion by the lender in a suitable manner.

J.2 In the event of violation of the prohibition of evasion the lender has to pay towards WeDress a no-fault lump-sum contractual penalty in the amount of double the amount of the lost commission, but at least in the amount of EUR 100.00.

K. Prohibited rental items

K.1 It is forbidden to offer items

• the rental of which is punishable or unlawful;
• their rental, making available or offering violates third party property rights or violates other rights of third parties;
• that are marked with unconstitutional organizations;
• which are directly hazardous to health; or
• lending them is against common decency.

K.2 WeDress reserves the right to remove offers that violate these special terms of use or applicable law, without giving reasons and without warning.

L. Prohibited Information

L.1 The description of rental items given by the lender, including the uploaded images, are not allowed to contain advertising for products other than the rental items offered, unless there is a prior express written consent of WeDress before.

L.2 Setting links to third party internet offers or an internet offer operated by the lender is only allowed with the prior express written consent of WeDress.

L.3 Mention of the lenders's contact details within the description of the rental items, including the short description and the title, is not permitted.

M. Data protection

Personal data, in particular contact details of others who are included in the service of WeDress or which the user otherwise receives in the context of usage of the service may be used by renters and lenders exclusively for the purpose of initiating and processing rental contracts be used. In particular, it is forbidden to use such data for advertising purposes and to send unsolicited e-mail, fax or to send mail advertising or unsolicited telephone calls. The WeDress Data Protection agreements are fully applicable (https://www.wedresscollective.com/en/terms-and-conditions).

Version: 15.08.2020