Terms & Conditions
1. WHAT IS FANCYLEND?
1.1. FancyLend OÜ (reg. 1667674) ("FancyLend", "we", "us" or "our"). Our registered address is Harju maakond, Tallinn, Kristiine linnaosa, Seebi tn 1, 11316.
1.2. What we do.
FancyLend offers a peer-to-peer marketplace (the "Marketplace") that allows third-party lenders ("Lenders") to list and rent out their items to third-party renters ("Renters") using our mobile application ("App"). The Marketplace and App together constitute the services we provide to you (the "Services").
1.3. Our Terms.
The following terms and conditions and other requirements posted on our App constitute the terms on which we provide the Services and our App to you (either as a lender or a renter) ("you" or "your"), whether as a guest or a registered user (collectively "Terms"):
1.4. Acceptance of our Terms.
By using our Services and the App you accept and agree to be bound and abide by these Terms in full. If you do not agree to these Terms, do not use our Services or the App. Please read the Terms carefully before using our Services and the App.
If we do make changes, we will place a notice on our Website and App. We may also send you an email and/or notify you by some other means. Changes take effect on the date set out at the end of these Terms. You should check our Terms often to stay informed of any changes that may affect you. Your continued use of the App and/or Services after we change the Terms constitutes your acceptance of the changes. If you do not agree to any of the changes, you must cancel your account and not use any portion of the Services.
1.6. Who may use our App and Services.
The Services are intended for use only by persons who are at least 18 years of age. By using the Services you confirm that you meet this requirement and that, if you are under the age of 18, you have received permission from your parent or guardian before using the Services.
1.7. FancyLend facilitates lending between users.
FancyLend provides the Marketplace to allow Lenders and Renters to conclude rentals directly by and between each other. FancyLend does not monitor the quality of the items made available for rent and is not involved in the setting of prices – these are set entirely at the relevant Lender's discretion. The contract is formed on acceptance of a rental on the Marketplace and is solely between the Lender and the Renter.
1.8. FancyLend is not a party to the contractual agreement between Lenders and Renters.
Except where FancyLend is acting as a payment collect agent on behalf of the Lender, we do not act as an agent for either the Renter or the Lender in any other capacity.
2. ACCOUNT SET UP AND SERVICES
2.1. Account creation.
Both Lenders and Renters must create an account to lend or rent items on FancyLend by providing certain information such as first and last name, contact details and billing information. To ensure the security of your ID images, we securely store them on Google Cloud Platform with strict access controls and encryption measures in place. You must provide accurate details about yourself when you create an account and not use any false details.
You will be required to create a password for your account and your password needs to contain any combination of letters and numbers. You are responsible for maintaining the confidentiality of your account details (including passwords) and for any activities that occur under your account. If you have any concerns that your account has been misused or that your password has been compromised, please contact us at firstname.lastname@example.org immediately. You may be held liable for losses incurred by FancyLend or any other person due to another person using your account or password. You may not use another user's account or password at any time without the express permission and consent of the holder of that account or password.
2.3. Account deactivation.
You may deactivate your account at any time by emailing email@example.com and requesting that your account be deactivated. Please include "account deactivation" in the subject line of the email.
3. YOUR RIGHT TO USE THE SERVICE AND CONTENT
3.1. Service content ownership.
The materials and content comprising the Services (excluding any Third-Party Materials and User Content (as defined below)) belong to us or our third-party licensors and you agree that you have no rights in the App or any portion of the Service other than the right to use and access the Service in accordance with these Terms.
3.2. Your use of the Services.
Your right to use the Services is personal to you and you are not allowed to give this right to any other person.
3.3. Unless expressly permitted by us, you agree:
(a) not to copy, or attempt to copy the Website, the App or any other portion of the Service;
(b) not to give or sell or otherwise make available the Website, the App or any other portion of the Service to anybody else;
(c) not to change, edit, modify or attempt to change, edit or modify the Website, the App or any other portion of the Service in any way;
(d) not to look for or access the underlying code of the Website, the App or any other portion of the Service that we have not expressly published publicly for general use.
3.4. The App and the Services could include technical inaccuracies or typographical errors.
We shall have no liability in connection with any such inaccuracies or errors, nor shall we have any obligation to identify and/or correct any such inaccuracies or errors.
3.5. Third-party links.
If any links to third-party websites are provided, (“Linked Websites”), FancyLend does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. FancyLend disclaims all liability for such Linked Websites, for all access to and use thereof, and for use of the links to such Linked Websites.
3.6. Third-party materials.
If any information or material on the Services is provided by third-party content providers (“Third-Party Materials”), FancyLend has no editorial control or responsibility over such Third-Party Materials. Any opinions, statements, items, services or other Third-Party Materials are those of the applicable third party and we have no liability for such.
3.7. Third-party download terms.
Where you download the App via the Apple app store ("Apple App Store") or via Google's Google Play ("Google Play"), you will be subject to the specific Apple App Store or Google Play terms (as applicable), governing your use of the Apple App Store or Google Play.
3.8. Uploading User Content.
You confirm that any images, text or information that you upload to the FancyLend Service, including any reviews that you post about other users or items (collectively, the "User Content") will meet the Acceptable Use Policy.
3.9. Ownership of User Content.
FancyLend does not claim ownership of your User Content, and ownership will remain with you and any third party whose content you upload to the Service. You grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the Service (including allowing all users of the Service to view and use your User Content).
3.10. FancyLend's licence to use User Content. You are solely responsible for ensuring that you have the necessary rights in all User Content to allow FancyLend to use the User Content in accordance with section 3.9 above and shall be solely liable if any of your User Content violates or infringes the intellectual property or privacy rights of any third party.
3.11. We may monitor any User Content.
We have the right to reject, refuse or delete any User or User Content at our sole discretion where we think that it breaks any provisions of our Acceptable Use Policy.
4. LENDER TERMS
4.1. Item categories.
You may list any item that appears in our dropdown list of categories or search available on the Application search page. If the product you are looking to list does not fit into one of our designated categories appear you can contact firstname.lastname@example.org.
4.2. Item descriptions.
All items must conform to any descriptions provided by you and you are responsible for ensuring that all items listed by you are fit for purpose and safe to use. Any damage to the item should be listed in the listing description and/or pictured in the item images.
4.3. Listing an item.
Once your account has been verified, you may begin to list items to rent. You are fully responsible for ensuring that all information that you provide about an item is accurate. When you submit a new listing, FancyLend shall approve the category and the placing of the listing on the App. Once approved, the listing shall appear in the mobile application and shall enable you to accept rental requests from Renters and monitor payments.
To ensure a consistent and high-quality experience for Renters, FancyLend has established item acceptance criteria for all listings. Your listed items must meet the following criteria:
(a) Be genuine, authentic luxury items in good condition.
(b) Be clean, well-maintained, and free from any damage or defects.
(c) Have clear and accurate photos showing the item from multiple angles.
(d) Provide a detailed description of the item, including brand, size, materials, and any unique features.
(e) Set a reasonable rental price that is in line with the item's value and market demand.
You acknowledge and agree that FancyLend does verify all listings (including price, quality, accuracy, or fitness for purpose) and checks listings to ensure that they meet the item acceptance criteria and are placed in the correct category on the App. Listed items that meet these criteria shall appear on our App and will be available to all Renters to rent.
4.4. Item images.
FancyLend requests that you provide images of yourself modelling items that you wish to display for rent on the Service. All images must be your own and not infringe the intellectual property or privacy rights of any person. FancyLend shall upload the images provided 'as is' and shall not have any responsibility or liability in respect of the images provided. FancyLend has full discretion to rank listings on their Website and/or App as they see fit and based on their own internal algorithms. FancyLend shall not have any responsibility or liability for the position of your listings on the Website and/or App.
4.5. Proof of condition.
Separate to the item images provided to FancyLend to list the items. Lenders must take photos of all items no more than 24 hours before the time of posting. These photos must show any existing damage (if applicable) and the condition of the item. Without these photos, FancyLend will not be able to assist in a dispute regarding damage during a rental.
4.6. Repeat cancellations.
For any cancellations made by the Lender within 72 hours of the rental start date, FancyLend reserves the right to publish a review indicating that the Lender has cancelled a rental or rentals. In addition, FancyLend reserves the right to pause wardrobes due to inactivity or repeated declined or expired rentals.
4.7. Lender's responsibilities.
You are responsible for ensuring that:
(a) you have all the necessary rights to rent out any items you advertise on the Service, and that the Renter's use of those items will not infringe or misappropriate any other party's rights;
(b) you deliver any rented items to the Renter in accordance with terms which you have agreed with the Renter;
(c) any descriptions of the items you advertise for rent through the Service are accurate and include all information relevant to the use of the item, including (as appropriate):
i. notice of any defects, restrictions or other requirements that may apply to the use of the item;
ii. any instructions or notices that may reasonably be required to use the item safely;
(d) the items you advertise on the Service:
i. conform in all material respects to any pictures or descriptions that you upload to the Service;
ii. are safe to use in accordance with any reasonable instructions that you provide to the Renter;
iii. are fit for any purpose for which such items would normally be used, or any purpose communicated to you by the Renter; and
iv. can be legally offered for rent.
4.8. You are responsible for setting the terms on which you lend an item to a Renter.
The Lender Rental Policy must include specific details relating to the item and also general details of rental, including the following:
(a) Item price. The price you wish to charge to the Renter for renting your item for the rental period (the "Rental Fee"). The Rental Fee you advertise on your listing must set out the total price payable for renting your items, including any applicable taxes or costs of delivery.
(b) Delivery costs. If items are being delivered by the Lender, the related costs should be set out. Please note that FancyLend is not responsible or liable for any applicable taxes or delivery costs.
(c) Fit policy. The amount you wish to refund the Renter in the event that item does not fit and the item is returned within 24 hours of the rental start date. Postage costs are non refundable.
(d) Refunds policy. Including the scenarios in which a Renter may request a refund in respect of a rental item, these must include the following:
a. The item is not as described or is defective.
i. The Renter is entitled to a full refund from the Lender if the item is sent by return post, unworn, within 24 hours of receiving the item.
ii. The Lender will be required to pay the Commission to FancyLend.
b. The item does not arrive by the rental start date.
i. The Renter is entitled to a full refund if the item is sent by return post, unworn, within 24 hours of receiving the item.
ii. The Lender will be required to pay the Commission to FancyLend.
c. The Renter cancels a rental during any cooling off period set by the Lender.
i. The Lender may choose to provide a cooling off period - see (e) and (f) below.
d. The Lender cancels a confirmed rental request
i. The Renter is entitled to a full refund of all fees.
ii. The Lender will be required to pay the Commission to FancyLend.
e. The Renter cancels a confirmed rental request less than 48 hours before the rental start date
i. The Renter will be charged 100% of the full rental value
ii. The Lender will be required to pay the Commission to FancyLend.
f. Cancellation policy.
During the cooling off period. Including any cooling off period during which time the Renter may cancel a rental request and obtain a full refund – at the very least this period should last until the rental request is accepted by the Lender but you may agree to offer a longer cooling off period at your discretion.
g. Cancellation policy outside of the cooling off period.
You should include details of how a Renter may cancel outside of the cooling off period (e.g. if the item is not as described or defective) and any evidence that may be required to process any associated refunds.
4.9. Terms of rental.
Once you have agreed the terms on which you will lend an item to a Renter, you must not amend those terms (including the Rental Fee) unless you have a valid, justifiable reason for doing so and the Renter agrees in writing to those amended terms.
4.10. Removing or cancelling a listing.
You may remove a listing or cancel your agreement to lend an item to a Renter at any time up to 48 hours before the start of the relevant rental period or with agreement from the relevant Renter. If you cancel an agreement to rent an item to a Renter less than 48 hours before the start of the relevant rental period, FancyLend reserves the right, in its absolute discretion to charge you a cancellation fee equal to 30% of the relevant Rental Fee.
5. RENTER TERMS
5.1. Your right to rent items.
When you agree to rent an item from a Lender on the terms set by the Lender, the Lender grants you a limited right to use that item only for the relevant rental period. This right is personal to you and you are not allowed to give this right to any other person.
5.2. Renter's responsibilities.
You are responsible for ensuring that:
i. you are legally allowed to use any item that you borrow through the Service;
ii. you comply with all applicable law when using the item;
iii. you comply with any reasonable directions provided by the Lender in order to use the item safely; and
iv. you return the item in the same condition as it was in when you collected or received it from the Lender.
5.3. Returning an item at the end of a rental.
You may agree with the Lender how you will return any items that you have rented from the Lender; however, you must ensure that you return any items that you have rented from the Lender on the agreed upon return date unless otherwise permitted by the Lender.
5.4. You are responsible for loss or damage to a rental item.
FancyLend has no responsibility if you lose or damage an item and a Lender may seek damages from the Renter for replacing or repairing such item. A Lender may, in their sole discretion, charge you a fee in respect of any damage to or loss of their item, including fees associated with the repair, additional cleaning or replacement of such damaged item and shall be entitled to invoice you in respect of such fee. The Renter must notify the Lender of any damage that occurred during the rental as soon as possible. The Lender must notify the Renter of any damage within 24 hours of receipt of the returned items. FancyLend advises against regular rentals of delicate materials such as silk and beaded items as these will show signs of wear with repeated use due to the nature of the materials. Repeated rental is at the Lender’s risk. Renters will not be liable for general wear and tear. Normal wear and tear includes stains which can be removed by proper cleaning, minor snags, small numbers of missing beads, stuck zippers or other minor damage. FancyLend customer support may assist with evaluating what fair wear and tear is, and what is to be considered damage.
5.5. What happens if you miss a return deadline.
If you fail to return an item by the agreed return date you must contact the Lender to notify them as soon as possible that you are going to miss the agreed return deadline. You will be required to extend the length of your rental period and pay for such extended rental period immediately unless otherwise agreed with the Lender. The Lender may not be able to accommodate the extension in which case you are solely responsible for returning the item(s) to the Lender as soon as possible and in any event on a date specified by Lender ("Longstop Date").
(a) Renter Late Fees. If you fail to return the item(s) by the end of the Longstop Date, the Lender may charge you a fee equivalent to the the daily rental fee, plus an additional 25% charge eg. if the rental fee is €10 per day, the renter will be charged €12.50 per day until the item has been returned. Lenders are permitted to send you an invoice directly.
(b) FancyLend Late Fees. If you fail to return the items by the end of the Longstop Date, FancyLend may charge your payment method with any reasonable legal expenses incurred by FancyLend or its partners in retrieving the items ("FancyLend Late Fees").
The total cost of the Lender Late Fees and FancyLend Law Fees will be capped at the replacement value of the items. FancyLend shall determine the replacement value in its sole discretion and its determination shall be final and binding.
Theft of any item is not tolerated. If you steal or attempt to steal any item, the Lender and/or FancyLend shall be entitled to take legal action against you.
FancyLend recommends both Lenders and Renters send all items by tracked and insured post. The sender will be liable to the other party for any loss or damage to items that occurred during postage. FancyLend is not liable for any such loss or damage.
A tracking number must be provided for every item sent. If tracking is not available, FancyLend may not be able to assist in resolving any disputes related to the rental. Once tracking is provided, the recipient is responsible for being available for delivery on the expected delivery date. If the tracking information is not provided, FancyLend may assume the item has not been sent, and Lender Late Fees and/or FancyLendLaw Fees may be charged accordingly.
7. FEES AND PAYMENT
7.1 .Rental Fees.
The fees for renting an item will be set out on the relevant listing page ("Rental Fee"). Payment of the Rental Fee by the Renter shall be made via Stripe and will be subject to the Stripe terms and conditions of use.
7.2. If you are a Lender.
We will collect the Rental Fee from the Renter on your behalf. Unless otherwise stated by us, commission on the Rental Fee at a rate of 15% (or as may be otherwise specified by FancyLend) will be taken byFancyLend ("Commission"). The Lender shall receive the Rental Fee, minus 1.5% + €0.25 (Stripe fee), and the Commission (and any other fees stated on the listing confirmation or notified to you by us from time to time) within 8 days of the Rental Fee payment having been completed via our payment provider, Stripe. FancyLend shall not be responsible if payment is delayed for whatever reason.
7.3. Right to charge your payment method.
If you fail to pay the Rental Fee or any late fees on time or otherwise steal, lose or damage any item, FancyLend shall be entitled to take payment from you via Stripe in respect of such late fees, theft, lost or damaged item if you do not respond to any communication or otherwise do not return the item within 21 days after the rental period has expired.
7.4. VAT and other sales taxes.
If you are a Lender, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, including income or other taxes.
7.5. Security Deposit.
Any Security Deposit being held by FancyLend shall be returned to the Renter within ten (10) business days of cancellation.
7.6. We may suspend access to the Services if any amounts remain unpaid.
If, for whatever reason, we are unable to obtain payment from you and still have not received payment within 7 days after notifying you of the payment failure, FancyLend may, in its sole discretion, suspend or temporarily disable all or part of your access to the Services (without any responsibility to you), and we shall be under no obligation to provide any or all of the Service while the amount concerned remains unpaid. This does not affect any other rights and remedies available to us or the Lender by law. If you chargeback a payment that you were required to pay under these Terms, your account will be immediately suspended until the payment is re-paid, or the chargeback is cancelled.
7.8. Promotions and prizes.
Any discount codes, prizes or other promotional considerations can be used on any relevant order and shall be applied to the final Rental Fee or purchase price. Any promotional considerations or prize draws may be subject to applicable terms and conditions.
If you are entitled to a refund for any reason, you will receive the refund amount to your bank account.
8. NOTICE AND TAKEDOWN POLICY
8.1. Infringement notices.
Any person may contact us by sending us a notice (an "Infringement Notice") if any content available on the Website and/or App or through use of the Service infringes their rights. The Infringement Notice should be sent by email to info. Please provide the following information in the Infringement Notice:
(a) your name and contact details;
(b) a statement explaining in sufficient detail why you consider that the content available on the Website and/or App infringes your rights or fails to comply with our Acceptable Use Policy; and
(c) a link to or such other means of identifying the problematic content.
8.2. How we deal with Infringement Notices.
We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
9.1. Disputes with FancyLend.
If you have a dispute with us relating to the Service, in the first instance please email us and we will attempt to resolve the dispute with us informally.
9.2. Disputes with other users.
FancyLend encourages all users to resolve any disputes directly with each other. If you are unable to resolve a dispute our team will try and help you to resolve it. You can contact us by emailing us at email@example.com. You must provide the full details of the dispute together with sufficient evidence of any loss or damage suffered. Our team will aim to be in touch 2-3 days from receiving notice of your dispute and do their best to resolve any such dispute but shall have no responsibility to conclude or resolve a dispute. Our team operates during the hours of 9am to 5pm Monday to Friday and is closed on weekends and holidays.
9.3. Providing evidence of the dispute.
You must be able to provide sufficient evidence of any loss or damage suffered by you as a result of use of the Service. If you are unable to provide sufficient evidence, FancyLend will not be able to help you mediate or resolve any dispute.
9.4. Dispute timing.
All disputes must be raised within 7 days of the rental end date. Disputes must be raised by either party directly between themselves or by emailing firstname.lastname@example.org. Disputes raised more than 7 days after the rental end date will not be considered.
9.5. FancyLend's decision.
Where FancyLend steps in to assist, you agree to accept FancyLend's final determination of any dispute and pay any amounts owed by you. Any decision made by us in relation to a dispute will not affect your contractual and statutory rights nor right to take legal action.
10. ENDING OUR RELATIONSHIP
10.1. If you do not agree to these Terms.
If at any time you do not feel that you can agree to these Terms or to any changes made to these Terms or the Service, you must immediately stop using the Service.
10.2. FancyLend's right to suspend the Services.
We may immediately suspend or end your access to and use of the Service if you break or we reasonably suspect you of breaking the Acceptable Use Policy, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms.
10.3. FancyLend's right to delete User Content.
Should you or we suspend or end your use of the Service, we may delete your User Content, any other information that you have uploaded to the Service or any other information we hold about you. You will also lose any rights you have to use the Service or to access our content or your User Content. We shall not be liable to any losses you suffer as a result of the suspension or termination of your use of the Service (for whatever reason) and you should therefore ensure that you keep a copy of any information or content uploaded or hosted on the Service, including your User Content.
10.4. Outstanding payments become due on termination.
The termination of your use of the FancyLend Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us or any other user of the Service.
11. OUR LIABILITY AND RESPONSIBILITY
11.1. We are responsible for foreseeable losses only.
If we fail to comply with these Terms, we are responsible for any loss or damage you suffered that is a foreseeable result of our breaking this contract or failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you know it might happen.
11.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
11.3. We are not liable for business losses. We only supply the items for domestic and private use. If you use the items for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
11.4. We do not carry out any verification checks on the items listed for rent on the Service.
As such, we do not warrant or guarantee (i) the quality, size or legality of any items listed for rent on the Service or the legality of any User Content made available on the Service, the App and/or Website; or (ii) the truth or accuracy of the items listed for rent or User Content.
12. OTHER TERMS
12.1. We cannot be held responsible for events that happen outside of our control.
This includes outages or disruptions of the internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Service and the App.
12.2. Entire agreement.
These Terms and any document referred to in them (as each may be amended from time to time) constitute the entire agreement between you and FancyLend relating to your use of our Services and supersede all prior understandings and agreements between parties. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
12.3. These Terms are between you and us.
Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
12.4. Our right to assign these Terms.
FancyLend may assign or transfer our rights and obligations under these Terms at any time. We'll tell you in writing if this happens and ensure that the transfer won't affect your rights under the contract. You can only transfer your contract with us with our prior agreement.
12.5. You may not enter into any contract on our behalf or bind us in any way.
These Terms are for your benefit only, not for the benefit of any third party of yours.
12.6. Estonian law governs these Terms.
Any disputes that arise out of or in connection with these Terms, the, the App and Website or the Services shall be governed exclusively by the courts of Estonia.
13.1. How to Contact us.
If you need to contact us in relation to these Terms or any other document mentioned in them, please email us at email@example.com
13.2 Providing us with feedback.
We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.