Terms of Service - ChicChain

CHICCHAIN
TERMS OF SERVICE

These Terms of Service may have changed since you last reviewed them.
These Terms of Service were last updated in September 2024.

Welcome to ChicChain (https://mychicchain.com/) (“we,” “our,” “us”). These Terms of Service (“Terms”) govern your use of our platform (“Platform”), which allows users to rent, lend, sell, and buy goods in Cyprus. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.

By registering, accessing, or using the Platform including our Website mychicchain.com, Telegram channel @mychicchain and Telegram bot @mychicchain_bot, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all users of the Platform, including renters, lenders, buyers, and sellers. If you are using the Platform on behalf of a company or other legal entity, you warrant that you have the authority to bind that entity to these Terms.

1. ABOUT CHICCHAIN

1.1 ChicChain operates the online fashion marketplace on the domain mychicchain.com, on the Telegram channel @mychicchain, and via Telegram bot @mychicchain_bot (collectively, “ChicChain Platform” or “ChicChain”) and connects both Renters with Lenders and Buyers with Sellers on the website and through the associated Telegram channel.

1.2 ChicChain aims to revolutionize ownership by offering convenient solutions for a sustainable wardrobe. This includes Renting, Lending, and Buying or Selling pre-owned clothing and accessories through our Website and Telegram channel.

1.3 The ChicChain Platform facilitates transactions between Members, allowing them to:

Renter: a Member who Rents Product(s) from a Lender via the ChicChain Platform;
Lender: a Member who makes available Product(s) to Rent and Lends Products to Renters via the ChicChain Platform;
Seller: a Member who purchases Products on the ChicChain Platform from a Seller;
Buyer: a Member who makes available Products for Sale to Buyers on the ChicChain Platform; or
any other User of the ChicChain Platform who is not a registered Member, such as a visitor to the ChicChain Platform who is considering applying to become a Member.

1.4 ChicChain acts as an intermediary to facilitate these transactions but is not a party to any contract between users for renting, lending, selling, or buying goods.

1.5 At all times, Members act for and on behalf of themselves and never as an agent or representative of ChicChain.

1.6 ChicChain is owned and operated by K.I.A.B INVESTMENT MANAGEMENT CONSULTING LTD.

1.7 In some cases, a Product has ‘Managed’ written on it. These Products are owned by a Lender or a Seller but are held by and dispatched by ChicChain, acting as agent for that Lender or Seller. This does not mean that ChicChain is liable or responsible for the Products.

1.8 ChicChain does not monitor the quality of the items made available for rent.

1.9 All Users are required to read, accept and agree to comply with these Terms (including the terms of the Privacy Policy and Cookie Policy) and any third-party terms and conditions referred to within these Terms or which are referred to on the ChicChain Platform. If you do not wish to accept any aspect of the Terms, do not use our Website, Telegram channel @mychicchain, and Telegram bot @mychicchain_bot. Please read the Terms carefully before using our Platform.

1.10 The ChicChain Platform is intended for use only by persons who are at least 18 years of age and are based in Cyprus. By using the ChicChain Platform 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 ChicChain Platform.

1.11 Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the ChicChain Platform may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will take precedence.

1.12 ChicChain reserves the right to make changes to the ChicChain Platform and to these Terms. ChicChain strongly recommends that you revisit these Terms each time you use the ChicChain Platform to familiarize yourself with any amendments. Acceptance of any amendments to the ChicChain Platform and/or the Terms will be inferred from your continued use of the ChicChain Platform. In the event that ChicChain makes any significant changes to the ChicChain Platform and/or the Terms, ChicChain will notify you via email.

1.13 To find out more about when and why ChicChain collects your personal information, how ChicChain uses it, and how ChicChain keeps it secure, please refer to the Privacy Policy. For information about how ChicChain uses cookies, please refer to ChicChain’s Cookie Policy.

2. DEFINITIONS AND INTERPRETATION

2.1 The definitions outlined below apply throughout the Terms:

General Definitions

“Account” – a Member’s account on the ChicChain Website establishing that User as a Member entitled to Rent and Buy Products.

“Business Day” – a day, from Monday to Friday, on which the banks in Cyprus are generally open for normal business.

“Cleaning Fee” – the fees for cleaning each Product to be paid by the Renter as part of the Services.

“Content” – any photos, video, text, or any other information posted to the ChicChain Website, the ChicChain social media platforms, the Telegram channel, and Telegram bot, or sent using any messaging function of the ChicChain Platform by ChicChain or Members.

“Cookie Policy” – ChicChain’s Cookie Policy, details of which are available at: https://mychicchain.com/cookie-policy/.

“Delivery Fee” – the fees for delivery of each Product to be delivered to the Renter or Buyer (as applicable), and back to the Owner as part of the Services.

“Earnings” – an amount owed by ChicChain to a Seller or Lender calculated by deducting all applicable Fees from the Purchase Price or Rental Fee (as applicable), including but not limited to the following:

the Rental Fee payable to ChicChain as agent for the Lender (in respect of Rentals);
the Purchase Price payable to ChicChain as agent for the Seller (in respect of Sales);
the applicable Service Fee;
the Delivery Fee;
the Cleaning Fee;
any applicable Late Fees;
the Damage Protection Charge (if selected);
the Cancellation Charge (if applicable);
Mediation Costs (if applicable);
plus VAT at the applicable rate(s).

“Fee Avoidance” – any action taken by a Member with the intention or effect of directly or indirectly avoiding paying the Service Fee. This includes, but shall not be limited to, any steps taken by a Member in their own capacity or in conjunction with other Members to:

direct Users or Members to an alternative site performing services similar to the Services; or
communicate with another User or Member with a view to circumventing the Service Fee and/or the ChicChain Platform.

“General Terms” – these Terms, which apply to all Users.

“ChicChain” – a name of the Platform owned and operated by K.I.A.B INVESTMENT MANAGEMENT CONSULTING LTD, and company incorporated in accordance with the Laws of the Republic of Cyprus under registration number HE 421805 with registered office at 28 Oktovriou, 317A, KANIKA BUSINESS CENTER BLOCK B, 1st floor, Flat/Office 101, 3105, Limassol, Cyprus.

“ChicChain Platform” – means the ChicChain Website with the domain mychicchain.com, the Telegram channel @mychicchain, and the Telegram bot @mychicchain_bot, services, and Content made available to Members through the aforementioned channels, including, without limitation, ChicChain’s services as an agent in order to facilitate the Rental, managed Rental, Lending, Purchase, and Sale of Products, such as pre-owned clothing and fashion accessories.

“ChicChain Website” – the Website with the domain mychicchain.com.

“Intellectual Property Rights” – all intellectual property rights including patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Listing” – the listing of a Product by a Lender or Seller on the ChicChain Platform and “List” shall be construed accordingly.

“Mediation Costs” – In the event that substantial costs are incurred by ChicChain as a result of ChicChain’s provision of mediation services, a reasonable proportion of those costs, to be determined by the mediator, which ChicChain may invoice to the relevant Member for reimbursement in respect of those costs.

“Member(s)” – any User who has registered the ChicChain Website, or/and used the Telegram bot @mychicchain_bot, or/and other Services.

“Payment Method” – means the payment method used to pay for the Service, to include credit card, debit card, Apple Pay, Google Pay, or any other payment method approved by ChicChain from time to time.

“Privacy Policy” – ChicChain’s Privacy Policy, details of which are available at: https://mychicchain.com/privacy-policy/.

“Product” – a product, which is owned by a Seller or Lender, which that Member has Listed for Sale or Rental via the ChicChain Website or Telegram bot @mychicchain_bot, which may include but shall not be limited to clothing, bags, shoes and fashion accessories and “Products” shall be construed accordingly.

“Review” – a brief summary of a Renter or Lender’s experience of Renting or Lending or a Buyer or Seller’s experience of purchasing or selling a product (as applicable) via the ChicChain Website.

“Service Fee” – the fees due to ChicChain in consideration for the provision of the Services and which shall be in addition to the Rental Fee or Purchase Price (as applicable) and not comprised within it, and which shall be:

as a Lender, you agree to pay ChicChain a commission payment calculated at the applicable rate. Unless another rate is specified the default rate shall be 20% of the total Rental Fee. The total commission amount for any Rental period shall not be less than EUR 30;
as a Seller, you agree to pay ChicChain a commission payment calculated at the applicable rate. Unless another rate is specified the default rate shall be 10% of the Purchase Price. The total commission amount shall not be less than EUR 50.

“Service” – the Renting, Lending, Purchase, or Sale of Products by a Member via the ChicChain Platform.

“Terms” – means these terms and conditions, the third-party terms and conditions which are incorporated into these terms and conditions by reference, the Privacy Policy, and the Cookie Policy.

“Booking Date” – the date on which a Renter placed the order for the Rental of a Product from a Lender via the ChicChain Website or Manager on Telegram.

“Cancellation Charge” – a charge equating to 30% of the Total Rental Costs payable by a Renter to ChicChain to cover administrative costs associated with the operation of the ChicChain Platform in respect of the cancellation of a Rental.

“Damage Protection Charge” – an optional charge per Product payable by a Renter to ChicChain in consideration for Damage Protection as confirmed at the check-out.

“Damage Protection” – an optional service provided by ChicChain to Renters to repair minor damage resulting from normal wear and tear of Products, including without limitation, minor stains, rips, missing beads, stuck zippers or other minor damage to a Product in consideration for the Damage Protection Charge.

“Late Fees” – the daily fee charged for the late return of a Product by a Renter as specified here. Unless otherwise specified, the Renter shall pay a late fee equal to 150% of the daily Rental Fee for each day the Product is not returned beyond the agreed Rental End Date.

“Lend” – the lending of a Product by a Lender to a Renter via the ChicChain Platform in consideration for the Rental Fee and “Lending” shall be construed accordingly.

“Lender” – a Member who makes product(s) available for Rent to Renters via the ChicChain Platform and “Lenders” shall be construed accordingly.

“Rent/Renting/Rental” – the renting of a Product or Products by a Renter from a Lender, via the ChicChain Platform in consideration for the Rental Fee.

“Rental End Date” – means the date upon which the Rental of a Product expires and the date indicated as such in the Renter’s confirmation email.

“Rental Fee” – the fee payable by a Renter, to Rent a Product from a Lender.

“Rental Period” – means the number of days a Product is Rented for and shall be measured from the Rental Start Date to the Rental End Date.

“Rental Request” – a request made on the ChicChain Website or via the Manager on Telegram by a Member to Rent a Product from a Lender for the specified Rental Period.

“Rental Start Date” – the date upon which the Rental of a Product begins (and for the avoidance of doubt, includes bank holidays, weekends and any other public holidays).

“Renter” – a Member who rents a Product from a Lender via the ChicChain Platform.

“Replacement Value” – a reasonable estimate of the current market value of a Product taking into account comparable resale prices for similar Products, as decided by ChicChain, which shall never exceed the RRP of the Product as set out on the Listing. In the event of a dispute, ChicChain shall determine the value in its sole discretion and its determination shall be final and binding. Replacement values will be determined on a case-by-case basis, as all items are unique. Factors such as age, availability, and current depreciation rates will be considered when calculating this figure.

“Security Deposit” – means the security deposit applied to Products over a certain value amount and determined by ChicChain or the Lender of a product, an amount equal to which shall be held on the Renter’s payment method until the Product is returned and confirmed to be in good condition with no damage.

“Total Rental Cost” – means the total cost paid or payable by the Renter for the Service, non-exhaustively including the Rental Fee, the Service Fee, the Delivery Fee, the Cleaning Fee, and the Damage Protection Charge plus VAT at the applicable rate(s).

“Buy” – the purchase of a Product or Products by a Buyer from a Seller on the ChicChain Platform or via the Manager on Telegram in consideration for the Purchase Price.

“Buyer” – a Member who Buys Products on the ChicChain Platform from a Seller.

“Purchase Price” – the purchase price payable by a Buyer to a Seller to Buy a Product.

“Purchase Request” – a request made by a Member to Buy a Product from a Seller on the ChicChain Website or via the Manager.

“Sale/Sell/Selling” – the sale of a Product or Products by a Seller to a Buyer via the ChicChain Platform in consideration for the Purchase Price.

“Seller” – a Member who Sells Products on the ChicChain Platform to Buyers.

3. USER ACCOUNTS

3.1 To use certain features of the Platform, you must create an account. You agree to provide accurate, up-to-date, and complete information during the registration process and to update your information as necessary such as first and last name, contact details and billing information. We may also require additional forms of identification in order to verify your identity. You must provide accurate details about yourself when you create an account and not use any false details.

3.2 You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not responsible for any loss or damage resulting from your failure to secure your account credentials.

4. YOUR RIGHT TO USE THE SERVICE AND CONTENT

4.1 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 Website, the App or any portion of the Service other than the right to use and access the Service in accordance with these Terms.

4.2 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.

4.3 Unless expressly permitted by us, you agree: (a) not to copy, or attempt to copy the Website or any other portion of the Service; (b) not to give or sell or otherwise make available the Website 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 or any other portion of the Service in any way; (d) not to look for or access the underlying code of the Website or any other portion of the Service that we have not expressly published publicly for general use; (e) not use any automated device, software, process or means to access, retrieve, scrape or index any portion of our Site or its content. Or otherwise engage in any scraping, data mining, gathering or extraction methods on our site.

4.4 The Website 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.

4.5 Third-party links. If any links to third-party websites are provided, (“Linked Websites”), ChicChain 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. ChicChain disclaims all liability for such Linked Websites, for all access to and use thereof, and for use of the links to such Linked Websites.

4.6 Third-party materials. If any information or material on the Services is provided by third-party content providers (“Third-Party Materials”), ChicChain 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.

4.7 Ownership of User Content. ChicChain 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).

4.8 ChicChain’s licence to use User Content. You are solely responsible for ensuring that you have the necessary rights in all User Content to allow ChicChain to use the User Content in accordance with section 4.7 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.

4.9 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.

5. FEES AND CHARGES THAT YOU MAY INCUR

5.1 All Fees, costs and charges on and in relation to the ChicChain are payable in Euro (€). Any amendments to Fees will be updated and reflected on the ChicChain Platform.

5.2 ChicChain works with online payment platforms, such as Stripe, to manage the secure payment process and you acknowledge and consent to ChicChain sharing your information with Stripe. Stripe processing fees apply to any transactions outside of the rental agreement, ChicChain may add 5.5% to these payments. From time to time, Stripe may require further identification checks and you will be required to provide the further information requested to ensure your continued use of ChicChain Platform.

5.3 Members are solely responsible for any obligations they may have to pay any applicable taxes and make any required reporting to tax authorities, including but not limited to, customs duty or other import charges, VAT and other sales, rental, tourist, income or other taxes.

5.4 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 20% plus VAT (or as may be otherwise specified by ChicChain) will be taken by ChicChain (“Commission”). The total Commission amount for any Rental period shall not be less than EUR 30. The Lender shall receive the Rental Fee, minus the Commission (and any other fees stated on the listing confirmation or notified to you by us from time to time) within 24 hours of the Rental Fee payment having been completed via our payment provider, Stripe. ChicChain shall not be responsible if payment is delayed for whatever reason.

5.5 If you fail to pay the Rental Fee or any late fees on time or otherwise steal, lose or damage any item, ChicChain 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.

5.6 Any Security Deposit being held by ChicChain shall be returned to the Renter within ten (10) business days of cancellation.

5.7 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, ChicChain 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.

6. DELIVERY / DISPATCH / RETURNS

6.1 ChicChain is responsible for delivery of each Product to the Renter or Buyer (as applicable), and back to the Owner as part of the Services.

6.2 All deliveries will be sent through ChicChain’s delivery partners, which may be updated from time to time at ChicChain’s discretion. The delivery method used will be at the discretion of ChicChain.

6.3 ChicChain (as agent for the Lender/Seller), or ChicChain’s delivery partners will contact the Renter or Buyer with a tracking number that provides information about estimated delivery and arrival times of Rented and Bought Products.

6.4 If ChicChain’s delivery partners have used reasonable endeavours to deliver a product to the Renter or Buyer and those endeavours have proven unsuccessful, for instance, if the address provided by the Renter or Buyer is incorrect or incomplete or the parcel is sent back due to non-acceptance by the Renter or Buyer, an email will be sent to the Renter or Buyer to notify them.

6.5 ChicChain disclaims any liability in the case of loss of or damage to a Product while in transit to ChicChain, which shall be the responsibility of ChicChain’s delivery partner.

6.2 Product(s) may be sent to the Renter or Buyer directly by the Lender or Seller. If a Product is dispatched directly by the Lender or Seller, the delivery timescale and tracking number shall be stated by the Lender or Seller. The cost and method of shipping or delivery must be agreed upon by the users involved in the transaction.

7. CHICCHAIN’S LIABILITY TO YOU

7.1 Whilst ChicChain undertakes verification checks of Members to keep the ChicChain Platform safe and secure, you acknowledge and agree that you Rent, Lend, Buy or Sell Products entirely at your own risk. ChicChain does not endorse or guarantee any Product or Member or make any assertions as to their trustworthiness. ChicChain, as an agent or intermediary only, does not accept any liability for a Member’s performance throughout the course of a Service.

7.2 ChicChain’s role and responsibilities are limited to the provision of the ChicChain Platform and acting as agent for the Members in entering into the relevant Sale or Rental on their behalf. As ChicChain is not the Seller or Lender of any Products, ChicChain has no control over the Products and therefore does not give any commitment relating to the existence, quality, safety or genuineness of the Product(s).

7.3 ChicChain acts as subcontractor and/or agent of the Lender or Seller (as applicable) in respect of the provision of delivery services and ChicChain shall have between the Lender and the Renter, or the Seller and Buyer (as appropriate) no liability to you for any delay or failure in delivery or any items lost or damaged by a delivery partner or courier.

7.4. ChicChain expressly excludes any and all conditions, warranties or representations both implicit or explicit and all liability relating to or arising from the truth or accuracy of a Listing or any aspect thereof or any other Content made available by Members, the ability of Sellers or Lenders to Sell or Lend a Product, the ability of a Buyer or Renter to pay the applicable Fees for the Product or that any Member will actually complete the Service or send or return a Product.

7.5 You decide whether to proceed with the Service and ChicChain shall not be liable for any delays in the delivery of a Product, return of a Product or any loss or damage to a Product including where the delivery information, address or location provided by a Member is unsecure or unsuitable.

7.6. ChicChain is responsible to a Member only for foreseeable loss and damage caused by ChicChain in the provision of the ChicChain Platform in accordance with these Terms. If ChicChain fails to comply with these Terms, ChicChain is responsible for loss or damage you suffer that is a foreseeable result of ChicChain failing to comply with these Terms or ChicChain failing to use reasonable care and skill whilst providing the ChicChain Platform, but ChicChain is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is either obvious that it will happen, or, if at the time the ChicChain Platform was made available and the Service was entered into, both ChicChain and the Member knew that it might happen, for example, if you discussed it with ChicChain prior to using the ChicChain Platform to enter into the Service.

7.7. To the maximum extent permitted by the law, ChicChain’s total responsibility for any claims relating to the Service is limited to the Service Fee payable in connection with the Service to which the claim relates.

7.8. For any other claims arising out of the provision of the ChicChain Platform (including without limitation any dispute between Members in relation to any Content you access via the ChicChain Platform or any other Member you interact with), ChicChain does not accept any responsibility whatsoever (whether arising in contract, tort or otherwise), except where, as mentioned above, ChicChain cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by ChicChain’s negligence).

7.9. ChicChain is not liable for business losses, indirect, special or consequential losses and/or any financial or business loss, loss of profit, or loss of or damage to goodwill or reputation.

7.10. ChicChain only provides the ChicChain Platform for domestic and private use, except only where you are a Trader Seller. Unless you are a Trader Seller, if you use the products for any commercial, business or re-sale purpose, ChicChain will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8. HOW CHICCHAIN USES YOUR PERSONAL INFORMATION

8.1 As a User of the ChicChain Platform, you consent to ChicChain handling your personal data in accordance with the Privacy Policy.

8.2 For details about which cookies are collected and how to manage cookies,
please see the Cookie Policy.

9. HOW WE HANDLE DISPUTES

9.1 If you have a dispute with us relating to the Service, in the first instance please contact us at [email protected] and we will attempt to resolve the dispute with us informally.

9.2 Both you and ChicChain agree that in the event of a dispute or complaint, you and ChicChain will first contact the other party and make efforts in good faith to resolve the dispute before resorting to more formal means of resolution.

9.3 ChicChain will bear a reasonable proportion of the total costs of any mediation, taking into account all relevant elements of the dispute, as determined by the mediator.

9.4 Each party reserves the right to bring legal action at any time.

9.5 If you have any dispute with other Members our Team will try and help you to resolve it. You can contact our Team by emailing us at [email protected]. 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 Bank Holidays.

9.6 You must be able to provide sufficient evidence of any loss or damage suffered by you as a result of use of the Platform. If you are unable to provide sufficient evidence, ChicChain will not be able to help you mediate or resolve any dispute.

9.7. 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 [email protected]. Disputes raised more than 7 days after the rental end date will not be considered.

9.8 Where ChicChain steps in to assist, you agree to accept ChicChain’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 before a court of law.

10. LENDER SPECIFIC TERMS

10.1 As a Lender, you may list the original item via Telegram bot @mychicchain_bot that appears on the Website mychicchain.com, on the Telegram channel @mychicchain. If the product you are looking to list does not fit into one of our designated categories, you can contact [email protected].

10.2 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.

10.3 The Lender is responsible for cleaning their item before and after the rental period.

10.4 When the Lender submits a new listing, ChicChain shall approve the item and the placing of the listing on the Website and/or on the Telegram channel @mychicchain. The Lender acknowledges and agrees that ChicChain does not verify any listings (including price, quality, accuracy or fitness for purpose) and only checks a listing to ensure that it is placed in the correct category on the Website and/or on the Telegram channel @mychicchain. Listed items shall appear on our Website and/or on the Telegram channel @mychicchain, and will be available to all Renters to rent. ChicChain may, at its discretion, not publish the Item if it does not meet the Platform’s requirements.

10.5 ChicChain shall upload the images provided ‘as is’ and shall not have any responsibility or liability in respect of the images provided. ChicChain has full discretion to rank listings on their Website and/or on the Telegram channel @mychicchain as they see fit and based on their own internal algorithms. ChicChain shall not have any responsibility or liability for the position of your listings on the Website and/or on the Telegram channel @mychicchain.

10.6 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) 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; and ii. any instructions or notices that may reasonably be required to use the item safely; (c) 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 the Lender by the Renter; and iv. can be legally offered for rent.

10.7 Lending a Product, you agree to pay us a Service Fee based upon the Rental Fee agreed between you and the Renter. The Service Fee will be directly deducted by ChicChain from the payment made by the Renter to ChicChain in its capacity as agent for you as the Lender. Unless another rate is specified the default rate shall be 20% of the total Rental Fee. The total commission amount for any Rental period shall not be less than EUR 30. The applicable fees will be displayed before the transaction is completed, and by proceeding with the transaction, you agree to pay these fees.

10.8 Once you have agreed on 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.

10.9 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 the agreement of 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, ChicChain reserves the right, in its absolute discretion to charge you a cancellation fee equal to 30% of the relevant Rental Fee.

10.10 Fit policy. If a product does not fit, a Renter has the ability to claim a part-money refund of the Rental Fee (“Fit Policy”). The Delivery Fee is non-refundable to the Renter. You will not be entitled to all or any part of the Rental Fee if the Renter exercises their right under the Fit Policy. Unless you are a Managed Lender, as a Lender you will only be entitled to a payout of the Cleaning Fee.

10.11 To claim the Fit Policy, the Renter must notify ChicChain via email at [email protected] or via Telegram @chicchain on the Rental Start Date. The right to claim the Fit Policy expires the day after the Rental Start Date.

10.12 Refunds policy. Including the scenarios in which a Renter may request a refund in respect of a rental item, these must include the following:

i. The item is not as described or is defective:

a. 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; b. The Lender will be required to pay the Commission to ChicChain.

ii. The Lender cancels a confirmed rental request:

a. The Renter is entitled to a full refund of all fees; b. The Lender will be required to pay the Commission to ChicChain.

iii. The Renter cancels a confirmed rental request less than 72 hours before the rental start date:

a. The Renter will be charged 100% of the full rental value; b. The Lender will be required to pay the Commission to ChicChain.

11. RENTER SPECIFIC TERMS

11.1 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.

11.2 Renter’s responsibilities. You are responsible for ensuring that: (a) you are legally allowed to use any item that you borrow through the Service; (b) you comply with all applicable laws when using the item; (c) you comply with any reasonable directions provided by the Lender in order to use the item safely; and (d) you return the item in the same condition as it was in when you collected or received it from the Lender.

11.3 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.

11.4 You are responsible for loss of or damage to a rental item. ChicChain 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, at 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. ChicChain 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. ChicChain customer support may assist with evaluating what fair wear and tear is, and what is to be considered damage.

11.5 You acknowledge and accept that in the event of any loss or damage to a Product, ChicChain shall be entitled to (a) charge your Payment Method with a sum as determined and notified by ChicChain to you, up to the Replacement Value of the product; and (b) charge your Payment Method with the Mediation Costs.

11.6 Fit policy. If a product does not fit, you have the ability to claim a part-money refund of the Rental Fee (“Fit Policy”). The Rental Fee only will be refunded directly to your Payment Method. The Cleaning Fee and Delivery Fee is non-refundable.

11.7 To claim the Fit Policy, you must notify ChicChain via email at [email protected] or Telegram @chicchain on the Rental Start Date. The right to claim the Fit Policy expires the day after the Rental Start Date.

11.8 You acknowledge and accept that when returning a Product to a Lender at the end of a Rental Period, the Product will be picked up by our partner service on the Rental End Date. If you would like to extend the Rental Period, you may submit an extension request to the Lender via the Telegram @chicchain. The Lender reserves the right to decline the request, in which case you must return the Product to the Lender in accordance with the original Rental Period. If the extension request is accepted by the Lender, the additional Rental Fee specified by ChicChain, together with an additional Service Fee shall be payable by you.

11.9 What happens if you miss a return deadline. If you fail to return an item by the agreed return date you must contact our Team at [email protected] or via Telegram @chicchain 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 items by the end of the Longstop Date, the Lender may charge you a fee equivalent to the daily rental fee, plus an additional 25% charge (e.g., 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) ChicChain Late Fees. If you fail to return the items by the end of the Longstop Date, ChicChain may charge your payment method with any reasonable legal expenses incurred by ChicChain or its partners in retrieving the items (“ChicChain Late Fees”). Unless otherwise specified, the Renter shall pay a late fee equal to 150% of the daily Rental Fee for each day the Product is not returned beyond the agreed Rental End Date.The total cost of the Lender Late Fees and ChicChain Law Fees will be capped at the replacement value of the items. ChicChain shall determine the replacement value in its sole discretion and its determination shall be final and binding.

11.10 If you change your mind and decide that you no longer want to Rent a Product, you can cancel the Rental Request by contacting us at [email protected] or Telegram @chicchain. When you placed your Rental Request and when you cancel your Rental Request will impact on your rights to cancel and receive a refund, as set out below:

(a) Where the Booking Date is more than 48 hours or more before the Rental Start Date, and you have cancelled 10 days or more before the Rental Start Date there is no Cancellation Charge;
(b) Where the Booking Date is more than 48 hours or more before the Rental Start Date and you have cancelled Less than 10 days before the Rental Start Date, you will be liable to pay the full Cancellation Charge;
(c) Where the Booking Date is 48 hours or less than the Rental Start Date and you have cancelled two-hours (or less) following the Rental Request, there is no Cancellation Charge; and
(d) Where the Booking Date is 48-hours or less than the Rental Start Date and you have cancelled more than two-hours following the Rental Request, you will be liable to pay the full Cancellation Charge.

11.11 If a Lender cancels a confirmed Rental Request, you will receive a full refund of all Fees paid by you for the Rental.

11.12 In the event of any disagreement, ChicChain acting as an agent and intermediary, has the discretion to determine an appropriate Replacement Value for any Product and you agree that the figure determined by ChicChain shall be binding on you and the Lender.

11.13 In the event of the loss or damage of a Rented Product, ChicChain shall be entitled to charge your Payment Method with an amount per damaged or lost Product up to the Replacement Value of each Product. Funds will be taken from your account to cover the Replacement Value and any outstanding Fees without further permission being sought and you hereby consent and authorise ChicChain, at all times acting reasonably, to do so in these circumstances.

11.14 ChicChain may contract a debt collector or file a claim via the courts to collect any Replacement Value and Fees that you have refused to pay in respect of the damage to or loss of Products and all reasonable expenses incurred in the process of recouping the outstanding sums shall be added to the debt that ChicChain is collecting from you.

11.15 Theft. Theft of any item is not tolerated. If you steal or attempt to steal any item, the Lender and/or ChicChain shall be entitled to take legal action against you.

12. SPECIFIC SALE TERMS

12.1 When you agree to Purchase or Sell any Product, you will entering into a contract to Buy directly from the relevant Seller (not from ChicChain) or to Sell directly to a Buyer through the ChicChain Platform and the contractual relationship in relation to the sale will be only between the Buyer and the Seller. ChicChain will act as agent on behalf of the Seller and the Buyer and will not be a party to the contract for the Sale of the Product.

12.2 The Seller will be responsible for the Sale and other after-sale care. ChicChain’s role is limited to acting as an intermediary agent to conclude the contract for the Sale by collecting the Buyer’s payment via the chosen Payment Method on behalf of that Seller and deliver the Product. ChicChain’s receipt of full payment of the Fees from the Buyer will discharge the Buyer’s debt to the relevant Seller in respect of the Purchase.

12.3 Whilst ChicChain may assist with certain practical issues on behalf of the Seller, ChicChain does not have any contractual obligations to the Buyer or Seller nor does the Buyer or Seller have any contractual rights against ChicChain regarding any Product Bought or Sold on the ChicChain Platform.

12.4 The Seller agrees to pay ChicChain a Service Fee based upon the Purchase Price agreed between the Buyer and the Seller. Unless another rate is specified the default rate shall be 10% of the Purchase Price. The total commission amount shall not be less than EUR 50.

12.5 If a Buyer purchases a Product from a Seller, the right to cancel the Purchase and obtain a refund of the Purchase Price will be at ChicChain’s or the relevant Seller’s sole discretion.

12.6 To cancel a Purchase, a Buyer must clearly inform ChicChain by email to the following address [email protected], giving the Buyer’s name, address and order reference.

12.7 Products must be returned to the relevant Seller or ChicChain (as applicable). Buyers have a legal obligation to take reasonable care of the Product(s) while in the Buyer’s possession. If a Buyer fails to comply with this obligation, the relevant Seller may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product(s)), up to the Purchase Price of the Product(s), from the refund to which the Buyer is otherwise entitled. ChicChain is responsible for the Delivery.

12.8 Many Products for Sale on the ChicChain Platform are second hand. This means that they may not be in perfect condition. However, if any Product Purchased does not comply with the description in the Listing and photographs provided by the Seller, the Buyer may have one or more legal remedies available, depending on when the Buyer makes ChicChain aware of the problem, in accordance with their legal rights.

12.9 A Product will be considered as not complying with the description and photographs provided by the Seller in the Listing when the Product received in comparison to the description and photographs is:

(a) an incorrect size;
(b) the wrong colour;
(c) a counterfeit item;
(d) severely damaged (including, without limitation, stains, smells, holes);
(e) the wrong condition; or
(f) incorrect or missing.

For the avoidance of doubt, this will not be the case where the Product is not the right fit (but the size was correctly indicated in the Listing), or the differences between the Product received by the Buyer and the description and photographs in the Listing only include minor and negligible differences that do not affect the use and look of the Product as reasonably expected by a Buyer based on the description and photographs.

12.10 If you, as a Buyer, believe that you have received a Product that does not comply with the description and photographs provided by the Seller in the Listing, you should inform us at [email protected] or Telegram @chicchain as soon as possible giving your name, address and order reference.

12.11 Please note that ChicChain has no control over, or responsibility for, any Seller or the quality of any of the Products the Seller provides, ChicChain does not give any commitment (whether on ChicChain’s own behalf or on behalf of any Seller) regarding the Product, and ChicChain is not able to provide, and has no responsibility or liability for providing, any compensation to the Buyer on behalf of any Seller.

12.12 If a Seller submits a cancellation request for a confirmed Buyer Request, the Buyer will receive a full refund of all Fees paid by them for the Purchase of that Product.

12.13 If a Seller cancels a Buyer’s purchase within two (2) hours of it being made there shall be no Service Fee payable by the Seller to ChicChain.

12.14 In all other events of cancellation by a Seller, ChicChain reserves the right to charge the Seller 100% of the Service Fee applicable as if the Purchase completed.

12.15 The Seller is responsible for cleaning of the Products before the Sale.

13. GENERAL

13.1 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 ChicChain Platform.

13.2 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 ChicChain 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.

13.3 ChicChain 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.

13.4 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.

13.5 English law governs these Terms. Any disputes that arise out of or in connection with these Terms, the ChicChain Platform shall be governed by the courts of Cyprus.

14. CHANGES

We reserve the right to update or modify these Terms at any time. Any changes will be effective upon posting to the Platform. You are responsible for regularly reviewing these Terms to ensure that you are aware of any updates. Your continued use of the Platform after any changes indicates your acceptance of the revised Terms.

CONTACT US

If you have any questions about these Terms or the Platform, please contact us at:

Email: [email protected]
Website: https://mychicchain.com/

By using the ChicChain platform, you agree to these Terms of Service. If you do not agree, you must discontinue use of the Platform.

INFORMATION

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