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Dress Up SRL

Marketplace Terms & Conditions

These Terms govern access to and use of the Dress Up peer-to-peer fashion rental marketplace, mobile app, and website.

Dress UP Marketplace Terms and Conditions

1. What is Dress UP?

1.1. Who we are. Dress UP SRL. Our registered office is in Via Marcantonio parenti, 47/E – Modena (MO), 41122.

1.2 International use of the Services

The Services are made available to users located in the European Union, the United Arab Emirates, and other jurisdictions where the Services are lawfully permitted. Users acknowledge that certain provisions of these Terms may vary depending on their country of residence, in accordance with applicable local laws.

1.3 Data Protection and Privacy

Personal data provided by users shall be processed in accordance with our Privacy Policy and applicable data protection laws, including Regulation (EU) 2016/679 (GDPR). Where users are located outside the European Union, including the United Arab Emirates, personal data may be transferred and processed outside the EU in compliance with applicable data protection safeguards.

1.4 What we do. Dress UP operates a peer-to-peer marketplace (the "Marketplace") that allows third-party lenders ("Lenders") to list and rent out (or in some instances sell) their items to third-party renters ("Renters") using our mobile application ("App") or website app.dressup.ae ("Website"). The Marketplace, App and the Website together constitute the services we will provide to you (the "Services").

1.5. Our Terms. The following terms and conditions and other requirements posted on our App and Website constitute the terms on which we provide the Services and our App and/or Website to you (either as a lender or a renter) ("you" or "your"), whether as a guest or a registered user (collectively "Terms"):

 These Marketplace Terms and Conditions; and

 Our privacy policy ("Privacy Policy").

1.6. Acceptance of our Terms. By using our Services and the App and/or Website 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 or Website. Please read the Terms carefully before using our Services and the App or Website.

1.7. These Terms and the Privacy Policy may change at any time. 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 Website and/or 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.

1.8. Who may use our App, Website and Services. The Services are intended only for persons who are at least 18 years of age and legally capable of entering into binding contracts. Persons under 18 may not create an account, list, rent, sell or purchase items through the Services.

1.9. Dress UP facilitates lending between users. Dress UP provides the Marketplace to allow Lenders and Renters to conclude rentals directly by and between each other. Dress UP 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.

1.10. Dress UP is not a party to the contractual agreement between Lenders and Renters. Except where Dress UP 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. Setting up your account and using the Services

2.1. Account creation. Both Lenders and Renters must create an account to lend or rent items on the Dress UP Marketplace by providing certain information 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.

2.2. Passwords. You will be required to create a password for your account and we encourage you to use "strong" passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols). 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 customersupport@dressupstore.it

straight away. You may be held liable for losses incurred by us or any other person due to another person using your account or password. You may not use other 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 deletion and deactivation. You may request deletion of your account at any time from within the App, or by emailing customersupport@dressupstore.it

What happens to your data following such a request, including any information Dress UP is legally required to retain, is described in section 15.3 and in the Privacy Policy.

3. Your right to use the Service and your 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 Website, 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 or any other portion of the Service that we have not expressly published publicly for general use.

3.4. The Website, 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”), Dress UP 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. Dress UP 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”), Dress UP 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 Dress UP 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. Dress UP does not claim ownership of User Content. You retain your rights in content you upload. You grant Dress UP a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, adapt for technical formatting and otherwise use User Content only to the extent reasonably necessary to operate, secure, promote and improve the Services and to comply with law. This licence ends when the relevant content is deleted from the Services, except to the extent copies must temporarily remain in backups or be retained for legal, regulatory, fraud-prevention or dispute purposes, or where you have separately authorised continued use.

3.10. Dress UP's licence to use User Content. You are solely responsible for ensuring that you have the necessary rights in all User Content to allow Dress UP 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 specific terms

4.1. Item categories. You may list any item that appears in our dropdown list of categories or search available on the Lender dashboard ("Lender Dashboard"). If the product you are looking to list does not fit into one of our designated categories appear you can contact customersupport@dressupstore.it.

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 is set up and any required identity, KYC, trader-traceability and tax verification has been completed, you may list eligible items. You are responsible for ensuring that all information provided about an item and about your status as a private individual or trader is complete, accurate and not misleading. Dress UP may perform checks required by applicable law and may request supporting information. Approval or publication of a listing does not constitute a guarantee by Dress UP as to the quality, authenticity, legality, safety or fitness of the item.

4.4. Item images. Dress UP request that you provide images of yourself modelling items that you wish to display for rent on the Service. All images must comply with our Website Acceptable Use Policy and must be your own and not infringe the intellectual property or privacy rights of any person. Dress UP shall upload the images provided 'as is' and shall not have any responsibility or liability in respect of the images provided. Dress UP have full discretion to rank listings on their Website and/or App as they see fit and based on their own internal algorithms. Dress UP shall not have any responsibility or liability for you the position of your listings on the Website and/or App.

4.5. Proof of condition. Separate to the item images provided to Dress UP 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, Dress UP 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, Dress UP reserves the right to publish a review indicating that the Lender has cancelled a rental or rentals. In addition, Dress UP 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; and

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 ("Lender Rental Policy"). 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 Dress UP 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 Dress UP.

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 Dress UP.

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 Dress UP.

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

i. The Lender will be required to pay the Commission to Dress UP.

(e) 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.

(f) 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, Dress UP reserves the right, in its absolute discretion to charge you a cancellation fee equal to 30% of the relevant Rental Fee.

Verified Lender Program

4.11. Lenders may be permitted to sell items for purchase by users on the Website and App subject to the conditions below ("Verified Lender" KYC completed). Verified Lender status is not automatic. All Verified Lenders shall be awarded a blue tick within the App.

4.12. All Verified Lenders must sell items on the Website and App in accordance with these Terms and applicable law. Where a Verified Lender qualifies as a trader or professional seller, mandatory consumer-protection rights apply and cannot be excluded by these Terms, including any applicable rights concerning conformity, remedies, information and withdrawal from distance contracts. Where a seller is a private individual and not acting for purposes relating to a trade, business, craft or profession, the App will inform the purchaser that EU consumer-protection rules governing contracts between consumers and traders may not apply to that transaction. Nothing in these Terms makes a transaction “non-refundable” where applicable law requires a refund, remedy, repair, replacement, price reduction or withdrawal right.

5. Renter Specific 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 of or damage to a rental item. Dress UP 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. Dress UP 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. Dress UP customer support may assist with evaluating what fair wear and tear is, and what is to be considered damage.

5.5. Purchasing from a Verified Lender. Conditions of purchase shall be set out separately on the Verified Lender's item listing page. In this instance, the conditions of purchase will set out the same details as the Lender Rental Policy but will apply specifically to purchasing as opposed to lending.

5.6. 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 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 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) Dress UP Late Fees. If you fail to return the items by the end of the Longstop Date, Dress UP may charge your payment method with any reasonable legal expenses incurred by Dress UP or its partners in retrieving the items ("Dress UP Late Fees").

The total cost of the Lender Late Fees and Dress UP Law Fees will be capped at the replacement value of the items. Dress UP shall determine the replacement value in its sole discretion and its determination shall be final and binding.

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

6. Postage

6.1. Postage. Dress UP 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. Dress UP is not liable for any such loss or damage.

6.2. Tracking. A tracking number must be provided for every item sent. If tracking is not available, Dress UP 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, Dress UP may assume the item has not been sent, and Lender Late Fees and / or Dress UP Law 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 Lender will be taken directly from the total amount of the rent.

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 20%, inclusive of any applicable VAT (or as may be otherwise specified by Dress UP) will be taken by Dress UP ("Commission"). Dress UP will release 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), to the Lender through our payment provider, Stripe, normally within a few business days of the Rental Fee payment having been completed. Payouts may be delayed or withheld where permitted or required by law, including where verification or tax information required under section 26 has not been provided. Dress UP shall not be responsible if payment is delayed for whatever reason.

7.3. Payments may be processed in different currencies depending on the user’s location and payment method. Users acknowledge that exchange rates, transaction fees, or delays may apply in accordance with the policies of our payment service providers and applicable local regulations.

7.4 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, Dress UP 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.

7.5. 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.

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

7.7. 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, Dress UP 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. Gift cards. Gift cards are available to buy on the App and/or the Website and can be used to rent any item available on the App and/or Website or purchase any item from a Verified Lender. Once a gift card has been added to your account, the credit shall expire 12 months from the date it was added.

7.9. 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.

7.10. Credit. If you are entitled to a refund for any reason, you have the option of receiving a full cash refund or you can receive credit on account which can then be put towards renting another item on the App and/or Website or to purchase an item from a Verified User.

8. Notice and takedown policy

8.1. Notice of illegal content or infringement. Any person or entity may notify Dress UP of content or listings they consider illegal or infringing by contacting customersupport@dressupstore.it or by using any reporting mechanism made available in the App or Website. A notice should identify the content or listing, explain the reasons for the allegation, provide sufficient information to locate the content and, where required by law, include the notifier’s contact details and a statement confirming the good-faith accuracy of the notice. Dress UP will process notices in a timely, diligent, non-arbitrary and objective manner in accordance with applicable law, including the Digital Services Act where applicable.

(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 notices and moderation decisions. Dress UP may remove, disable access to, restrict visibility of or otherwise moderate content or accounts where reasonably necessary to enforce these Terms or comply with law. Where required by applicable law, affected users will receive a clear statement of reasons for relevant restrictions and information about available complaint or redress mechanisms. Dress UP will not knowingly design moderation processes to discriminate unlawfully or act arbitrarily.

9. How we handle disputes

9.1. Disputes with Dress UP. 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. Dress UP encourages users to resolve disputes directly where appropriate. If a dispute cannot be resolved, users may contact customersupport@dressupstore.it with the relevant details and evidence. Dress UP may assist as an intermediary but is not required to determine private contractual disputes and does not replace any statutory, judicial or alternative dispute-resolution rights available under applicable law.

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, Dress UP will not be able to help you mediate or resolve any dispute.

9.4. Dispute timing. Users should report rental-related disputes as soon as reasonably possible, preferably within 7 days after the rental end date, so that evidence can be assessed promptly. This operational reporting period does not limit or extinguish any mandatory statutory limitation period, consumer right or legal remedy that cannot lawfully be waived.

9.5. Dress UP assistance and redress. Any assessment or proposed resolution made by Dress UP when assisting with a dispute is without prejudice to the parties’ mandatory contractual and statutory rights and their right to seek judicial or other legally available redress. Where the Digital Services Act or other applicable platform law requires an internal complaint-handling mechanism, eligible users may challenge qualifying platform moderation decisions through the mechanism made available by Dress UP.

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. Dress UP'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. Dress UP'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 Dress UP 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 to you

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 important 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, the App and the Website.

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 Dress UP 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. Dress UP 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 Governing Law

The governing law applicable to these Terms shall be determined in accordance with the section “Local Laws and Jurisdiction” above.

12.7 Local Laws and Jurisdiction

a) European Union Users

If you are a resident of the European Union, these Terms shall be governed by Italian law, except where mandatory rules of the country in which you habitually reside provide you with additional or greater protection. Nothing in these Terms deprives a consumer of the protection afforded by mandatory provisions that cannot be derogated from by agreement. Consumers may bring proceedings before any court having jurisdiction under applicable EU and national law, including any mandatory consumer forum. The courts of Milan, Italy shall have jurisdiction only to the extent legally permitted.

b) United Arab Emirates Users

If you are a resident of the United Arab Emirates, these Terms shall be governed by and construed in accordance with the applicable laws of the United Arab Emirates. Any disputes arising out of or in connection with these Terms shall be subject to the jurisdiction of the competent courts of the United Arab Emirates, unless otherwise required by mandatory local regulations.

c) Mandatory Consumer Rights

Nothing in these Terms shall limit or exclude any mandatory rights that consumers may have under applicable local consumer protection laws.

13. AI VIRTUAL TRY-ON TERMS

13.1 The Dress Up platform may offer an AI-powered Virtual Try-On feature that allows users to upload photographs and generate visual simulations of garments available on the platform.

13.2 By using the Virtual Try-On feature, users confirm that they own the uploaded image or have all necessary rights and permissions to use and upload such image.

13.3 Users must not upload photographs of third parties without their authorization or photographs that infringe privacy, intellectual property, or other legal rights.

13.4 The Virtual Try-On feature is provided for visualization purposes only. Generated images are simulations and may not accurately represent the actual fit, size, appearance, color, texture, or condition of any garment.

13.5 Dress Up does not guarantee the accuracy or reliability of any Virtual Try-On result and shall not be liable for rental or purchase decisions made based on generated images.

13.6 Uploaded photographs may be processed by artificial intelligence technologies and approved third-party service providers solely for the purpose of providing the Virtual Try-On service.

13.7 Unless separately and explicitly consented to by the user, uploaded photographs and generated images will not be used to train artificial intelligence models.

13.8 Dress Up reserves the right to suspend or remove access to the Virtual Try-On feature where uploaded content violates these Terms, applicable law, or the rights of third parties.

13.9 AI Availability Dress Up: does not guarantee the continuous availability of the Virtual Try-On feature. The feature may be modified, updated, temporarily suspended or discontinued at any time for maintenance, technical improvements, legal compliance or operational reasons.

13.10 AI transparency: Users acknowledge that the Virtual Try-On feature generates images using Artificial Intelligence technologies. Generated images are computer-generated visual simulations and do not constitute photographs or exact representations of real-world garments.

14. Contact Us and Feedback

14.1. 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 customersupport@dressupstore.it.

14.2 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.

15. DATA, TAX REPORTING AND PLATFORM COMPLIANCE

15.1 DAC7 and tax reporting

Where required by applicable law, including Council Directive (EU) 2021/514 (“DAC7”) and its national implementing legislation, Dress UP may collect, verify, retain and report information relating to Lenders, sellers and other reportable users of the Marketplace to the competent tax authorities.

Such information may include, where applicable, the user’s full name or legal name, primary address, date of birth, tax residence, Tax Identification Number (TIN), VAT identification number, financial account information, consideration paid or credited through the Marketplace, fees or commissions charged by Dress UP, and other information required by applicable law.

Users acting as Lenders or sellers agree to provide complete, accurate and up-to-date information reasonably requested by Dress UP for tax reporting and compliance purposes. Dress UP may restrict the ability to list items, receive payouts or otherwise use relevant Marketplace functions where information legally required for reporting or verification has not been provided.

The reporting of information under DAC7 or similar legislation does not, by itself, determine whether a user is liable to pay tax. Users remain responsible for determining and fulfilling their own tax obligations.

15.2 Identity verification and tax information

Dress UP may use third-party payment and identity-verification providers, including Stripe, to verify the identity of users and facilitate payments. Identity verification requirements and tax-reporting requirements are separate compliance processes. Dress UP may therefore request additional tax information even where a user has already completed identity verification or KYC through a payment provider.

15.3 Account deletion, deactivation and legal retention

A request to delete or deactivate an account does not necessarily require the immediate deletion of all information associated with that account. Dress UP will delete or anonymise personal data that is no longer necessary, subject to applicable law and the Privacy Policy.

Dress UP may retain information where necessary to comply with legal, tax, accounting, anti-fraud, dispute-resolution, payment, regulatory or reporting obligations, including DAC7 obligations, for the applicable statutory retention period. Data retained solely for such purposes will not be used for purposes incompatible with those legal or regulatory requirements.

16. AI VIRTUAL TRY-ON – ADDITIONAL DATA PROCESSING TERMS

16.1 AI service providers and international processing

The AI Virtual Try-On feature may process photographs and generated images through third-party artificial intelligence infrastructure and service providers. Dress UP currently uses Replicate in connection with the provision of AI functionality. Depending on the technical infrastructure used, personal data may be processed outside the European Economic Area, including in the United States.

Any international transfer of personal data will be handled in accordance with applicable data protection law and the safeguards described in the Privacy Policy. The Privacy Policy shall provide further information regarding relevant service providers, processing locations and applicable transfer safeguards.

16.2 Virtual Try-On image retention

Photographs uploaded specifically for the AI Virtual Try-On feature and generated images will be retained only for the period necessary to provide the feature and for any limited period described in the Privacy Policy, after which they will be automatically deleted or anonymised, unless retention is required by law or the user has separately and explicitly requested or consented to another permitted use.

Unless separately and explicitly consented to by the user, photographs uploaded for Virtual Try-On and generated images will not be used to train artificial intelligence models.

17. ANALYTICS AND THIRD-PARTY TECHNOLOGIES

17.1 Analytics services

Dress UP may use analytics and product-improvement technologies to understand how users interact with the App and Website, identify technical issues and improve the Services. These technologies may include Microsoft Clarity and Google Firebase Analytics. The use of analytics technologies, the categories of data processed, the applicable legal basis and any required consent mechanisms are described in the Privacy Policy and, where applicable, the cookie or tracking notice.

18. PRIVACY SUPERVISORY AUTHORITY

18.1 European Union and Italy

Without prejudice to a user’s rights under applicable data protection law, users in Italy may lodge a complaint with the Garante per la protezione dei dati personali, the Italian supervisory authority for data protection. Users located in another EU/EEA jurisdiction may also have the right to lodge a complaint with the competent supervisory authority in their country of habitual residence, place of work or place of the alleged infringement.

19. RENTAL PRICING CALCULATION

19.1 Application of Lender pricing

The Lender remains responsible for setting the rental prices and pricing options made available for an item. Where a Lender provides more than one duration-based rate or pricing option (for example daily, weekly or other duration-based rates), the Marketplace may automatically calculate the Rental Fee using the applicable combination of those rates.

The Marketplace may apply pricing logic designed to prevent a shorter rental period from being charged at a higher base Rental Fee solely as a result of the mathematical combination of duration-based rates where a lower applicable combination is available under the Lender’s published pricing. The final Rental Fee and any applicable fees will be displayed to the Renter before confirmation and payment.

20. EFFECTIVE DATE, UPDATES AND PRECEDENCE

20.1 Effective date. These Terms are effective from 5 August 2026, unless a later effective date is displayed in the App or Website. Dress UP may update these Terms where reasonably necessary for legal, regulatory, security, technical or service changes. Where required by law, users will be informed in advance of material changes and may be asked to accept updated Terms before continuing to use affected Services. If any provision conflicts with mandatory applicable law, the mandatory law prevails and the remaining provisions continue to apply.

21. EU DIGITAL SERVICES ACT – PLATFORM GOVERNANCE

21.1 Platform role. Dress UP provides an online intermediary marketplace hosting information and listings supplied by users. Dress UP does not generally initiate individual user-to-user transactions or select the recipient of the information, except to the extent described in these Terms. Nothing in these Terms excludes obligations imposed on Dress UP by Regulation (EU) 2022/2065 (Digital Services Act, “DSA”) where applicable.

21.2 Terms, moderation and transparency. Dress UP may enforce restrictions on illegal content, prohibited items, fraud, unsafe products, intellectual-property infringement, harassment, impersonation, misleading listings and other violations of these Terms. In applying restrictions, Dress UP will have due regard, where required by law, to the rights and legitimate interests of all parties, including freedom of expression, media pluralism and fundamental rights.

21.3 Trader traceability. Before allowing a person who qualifies as a trader to offer products or services to consumers in the European Union, Dress UP may collect and make reasonable efforts to assess information required by applicable law, which may include name, address, telephone number, email address, identification details, payment-account information, trade-register information and a self-certification that the trader offers only products or services complying with applicable EU law. Dress UP may suspend offering functionality where legally required information is missing or cannot be adequately substantiated.

21.4 Ranking transparency. The main parameters used to determine the relative prominence or ranking of listings may include relevance to the user’s search, location or distance, availability, price, category, listing completeness and quality, user activity, reliability, ratings, recency, engagement and other service-quality signals. Dress UP may adjust these parameters to prevent fraud, improve relevance or comply with law. Where applicable, the App or Website will provide additional information about the main ranking parameters at the point where rankings are presented.

21.5 Illegal products and safety notices. Where Dress UP becomes aware, in accordance with applicable law, that an illegal or unsafe product has been offered through the Marketplace, Dress UP may remove or disable the listing, cooperate with competent authorities and take reasonable steps to inform affected users where required.

22. EU CONSUMER PROTECTION AND TRADER STATUS

22.1 Private users and traders. A Lender or seller must accurately declare whether they are acting as a private individual or as a trader, meaning a person acting for purposes relating to their trade, business, craft or profession. Dress UP may request information or evidence to verify that declaration and may reclassify, restrict or suspend an account where the declaration appears inaccurate.

22.2 Marketplace information. Before an EU consumer concludes a transaction, Dress UP will seek to display, where required by applicable law, whether the third party offering the item is a trader. Where the third party is not a trader, the consumer will be informed that EU consumer-protection law applicable to contracts between consumers and traders may not apply to that transaction. Dress UP will also provide information, where required, about how obligations related to the contract are shared between Dress UP and the third party.

22.3 Mandatory rights. Any cancellation, refund, withdrawal, conformity, guarantee or remedy provisions in these Terms apply subject to mandatory consumer-protection law. Nothing in these Terms excludes or restricts a consumer right that cannot lawfully be excluded or restricted.

22.4 Price transparency. Before a transaction is confirmed, the Renter or purchaser will be shown the total price payable through Dress UP, including mandatory fees and taxes collected through the Marketplace where applicable. Any personalised pricing based on automated decision-making will be disclosed where required by law.

23. PRODUCT SAFETY AND PROHIBITED OR RECALLED PRODUCTS

23.1 Users must not list, rent or sell products that are illegal, unsafe, recalled, prohibited, counterfeit, subject to a competent authority’s withdrawal or recall measure, or otherwise non-compliant with applicable product-safety law.

23.2 Traders and professional sellers are responsible for providing all product-safety, traceability, manufacturer, responsible-person, warning and other information required by applicable EU law, including Regulation (EU) 2023/988 (General Product Safety Regulation) where applicable. Dress UP may request, verify, display, restrict or remove such information and listings to meet legal obligations.

23.3 Dress UP may cooperate with Safety Gate, market-surveillance authorities and other competent authorities, and may remove listings, suspend accounts, issue warnings, facilitate recalls or contact affected users where required by law or reasonably necessary to protect users.

24. AI ACT TRANSPARENCY AND AI-GENERATED CONTENT

24.1 Dress UP will identify the Virtual Try-On as an AI-powered feature in a clear and accessible manner. Users must be informed that outputs are generated or manipulated using artificial intelligence and are simulations rather than authentic photographs of the user wearing the physical item.

24.2 Where Dress UP is subject to provider or deployer obligations under Regulation (EU) 2024/1689 (AI Act), it will implement transparency measures required by applicable law. This may include technical or machine-readable marking of AI-generated or AI-manipulated outputs and visible disclosures where legally required. The exact technical implementation may evolve as the Service and applicable standards develop.

24.3 Users must not use AI-generated outputs from Dress UP to impersonate another person, deceive others about material facts, commit fraud, violate intellectual-property or personality rights, or create or distribute unlawful content.

24.4 The Virtual Try-On is not intended to perform biometric identification, biometric categorisation, emotion recognition or make decisions producing legal or similarly significant effects about users. If the functionality materially changes, Dress UP will reassess the applicable legal requirements before deployment.

25. DATA PROTECTION, INTERNATIONAL TRANSFERS AND SERVICE PROVIDERS

25.1 The Privacy Policy, rather than these Terms, provides the primary information required under the GDPR about purposes of processing, legal bases, categories of personal data, recipients, retention periods, international transfers and data-subject rights.

25.2 Where Dress UP uses processors or service providers, it will put in place contractual and organisational measures required by applicable data-protection law. Where personal data is transferred outside the EEA, Dress UP will rely on an applicable lawful transfer mechanism, such as an adequacy decision, the EU-U.S. Data Privacy Framework where the recipient is validly certified and the transfer is covered, Standard Contractual Clauses, or another mechanism permitted by law, as applicable.

25.3 Analytics or tracking technologies that require consent under applicable EU privacy or electronic-communications law will be activated only in accordance with the consent choices and legal basis described in the Privacy Policy or tracking notice. Users must be able to withdraw consent as easily as it was given where consent is the applicable legal basis.

26. TAX REPORTING – DAC7 OPERATIONAL REQUIREMENTS

26.1 Dress UP may conduct due diligence and collect information required to determine whether a Lender or seller is reportable under DAC7 or equivalent national rules. The existence of a statutory exclusion or reporting threshold does not remove Dress UP’s ability to request information reasonably necessary to establish whether that exclusion applies.

26.2 Where required, Dress UP may report reportable consideration and other legally required information to the competent tax authority and may provide reportable users with information concerning data reported about them. Users must promptly update information that becomes inaccurate.

26.3 Dress UP may withhold or suspend payouts, listings or relevant account functionality where permitted or required by law if a user fails to provide information necessary for statutory tax due-diligence or reporting obligations.

27. CONTACT POINTS AND REGULATORY COMMUNICATIONS

27.1 User support and legal notices: customersupport@dressupstore.it. Dress UP may designate additional electronic contact points in the App or Website for authorities, trusted flaggers, product-safety matters or DSA communications where required by applicable law.

27.2 Communications to Dress UP should be made in English or Italian unless another language is expressly supported. Regulatory authorities may use any dedicated contact point notified to the relevant authority or displayed in the App or Website.