Sharentic Terms of Service
Last updated: 19/02/2021
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Thank you for using Sharentic!
These Terms of Service are a binding legal agreement between you and Sharentic that govern your use of our website, applications and the other offerings from Sharentic (collectively, the “Sharentic Platform”). The term “us” or “we” refers to the owners of the Sharentic platform, SIA Sharentic, a limited liability company, founded and registered in the Republic of Latvia (company registration code: 40203284983), whose places of businesses is at Ausekla iela 4 – 1, Riga, LV-1010, Latvia. If any other Sharentic group companies are created which may impact your rights and obligations under these Terms of Service, they shall be mentioned here.
The Sharentic Platform offers a circular economy solution that enables interested parties(“Members”) to publish, offer, search for and order goods and services, both via mobile app and online. Members who search and order services are “Users” and Members who publish and offer services are “Providers”. Providers offer tems or packages for rent (“Things”) to Users as a form of short-term item rental. Providers may be either companies or other Users of the Sharentic Platform. Our relationship with our Providers is managed through our Provider Terms & Conditions, and not through these Terms of Service.
As the proprietor of the Sharentic platform, Sharentic does not own, control, offer or manage any of the Things, but acts as an intermediary between the Members. Sharentic cannot be considered a retail or rental business, and cannot be held liable as such. The Sharentic platform additionally provides logistics & delivery services (“Logistics”) between Providers and Users. Sharentic accepts responsibility for Things that are being processed within the agreed logistics and delivery framework
1. Using the Sharentic App
A User utilises the Sharentic mobile application (“Sharentic App”), which allows the User to make short-term rentals of Things. A User selects the specific Thing or Things to be rented, while also providing the information required in order to initiate the transaction, including – but not limited to – delivery information, contact details and the approximate time of delivery and returns.
Disputes arising from consumer rights, legal obligations or from laws & regulations that may be applicable to the provision of rental services are to be resolved between the Users and the Providers, though Sharentic will provide mediation where appropriate through our customer success unit.
In order to access Sharentic Things, the User must enter into a contract for the provision of rental services via the Sharentic App. Payments for the provision of those rental services are also made through the options available to the User on the Sharentic App. Charges will be inclusive of any applicable local or national taxes.
Members of the Sharentic platform may include images, descriptions and other information (“Content”), to allow Members of the Sharentic Platform to facilitate interactions with other Members of the Sharentic Platform. These may include, non-exhaustively, pictures of Things, descriptions of Things, a description of a Member Profile, and other Content that is provided for Members.
The Sharentic Platform may provide delivery services on listed Things between Members. Sharentic may provide Logistics either through its own employees and contractors, or through the use of a third-party service provider. A delivery fee may be charged to the User for using the services of the Sharentic Platform.
The User must select a delivery and return period when making an order for an Thing. The Sharentic Platform shall use the indicated time to arrange both delivery and return Things. A courier provided by the Sharentic Platform will get in touch with the User to agree on the specific time in the slot that the User has chosen when the Things will be delivered. In the unlikely event that timings need to be amended, Sharentic will endeavour to contact the User as soon as is feasible.
If the User is not available or could not be contacted by the Sharentic courier for any reason at the time and date indicated in the Sharentic App, the Things will be delivered back to the location of the Provider from which it was received.The User will be able to pick up the Things from the Supplier by arranging it via a Sharentic representative. The User is not entitled to be refunded for any costs made as a result of failure to collect Things, from either the courier or the Provider . In the case of returns, the courier will come back on subsequent days at the same time, or at a time negotiated between Sharetic and the User, to return the Thing. You will be charged a penalty of 2% of the total sum of the order for each day when the Thing was not returned by you.
The Sharentic App provides easy-to-understand instructions on how to return Things. In order to make the experience enjoyable for both Users and Suppliers, Sharentic ask Users to follow those instructions as closely as possible.
When returning Things to a courier affiliated with the Sharentic Platform, the User must follow all of the instructions that have been provided on the Sharentic App. The User must take pictures of the Things before returning, reporting the damage within 48 hours. Failure to do so results in the User becoming liable for any damages suffered by the Thing once they have been received by the Supplier.
The Users must use the same packaging for returning the Things as they were delivered with. The User must not in any way make any cosmetic or physical changes to the packaging except if otherwise instructed by an employee or sub-contractor of Sharentic. The User is liable for any major damages to the packaging.
If unsure about any of the instructions on how to prepare Things for returns, please contact Sharentic via phone for a step-by-step guide through the process.
4. Provider Error
If the Thing rented out by a User from a Provider is the wrong Thing, does not fit the description in the Sharentic Platform, has missing elements, sub-Things, or otherwise does not fit the purpose or function to the extent that could be reasonably expected the Thing to fulfil, the User can submit a claim to Sharentic describing what specifically was wrong with the order.
If Sharentic identifies that something was wrong or missing in the order made by the User, then the Supplier will be obliged to provide a very similar or exact same Thing or cart of Things not later than the next day. If that is not possible, Sharentic will reimburse the value order as soon as feasible.
5. Liability of User
If the Thing or the Things under the possession of the User have been damaged or lost, lowering the market value of the Thing, then the User is liable for compensating the Supplier for those damages. In such a case, the Supplier shall provide an estimate to Sharentic for the market value of the Thing (“Fair Estimate”). If Sharentic calculates that the Fair Estimate is both reasonable and reflective of the change to market value, Sharentic will charge the User to the extent of the Fair Estimate (“Damage Claim”) and provide an invoice detailing costs and calculations for that purpose . Sharentic retains the right to make the final decision on this matter.
The User will be obliged to pay the Damage Claim to the bank account indicated by Sharentic in the Damage Claim invoice no later than fifteen (15) days (“Damage Claim Term”) after the invoice has been sent out to the e-mail address indicated by the User in the Sharentic Platform or Sharentic App. If the User cannot make the Damage Claim payment within the Damage Claim Term, the User may request Sharentic to provide for a schedule of payments for a period of up to 4 months to make due on the Damage Claim (“Payment Schedule”). In this case, a penalty fee of 20% of the Damage Claim sum, which will be proportionally distributed for each month of payment.
The User is liable for any damages caused to the Things by a third-party or natural events, with the exception of any events that can be considered as force majeure according to applicable laws & regulations.
Sharentic verifies Users before allowing access to the Sharentic Platform. This is for the protection of Members and to help prevent fraud. For these purposes, Sharentic will ask the User for relevant personal identification and other personal data. As an additional security measure, Sharentic couriers may request that personal ID is shown upon the delivery of a Thing in order to identify the identity of the receiver of the Thing as the User.
Any claims or complaints about Sharentic, the Sharentic Platform, the Sharentic App or any of the Members of the Sharentic Platform are to be submitted to firstname.lastname@example.org
Sharentic aims to reply within 3 working days.
8. Best Conduct
All Members of the Sharentic Platform are to act in good faith in their interactions and communications with other Members of the Sharentic Platform while using the Sharentic Platform or any other Sharentic products. Members are obliged to truthfully and honestly provide information to other Members of the Sharentic Platform or Sharentic, if the information pertains to the fulfilment of an order or transaction on the Sharentic Platform.
Users of the Sharentic Platform are to handle any Things received through the Sharentic Platform with reasonable care, and will take best efforts to inform themselves of any information or resources that have been provided on the Sharentic Platform on how to use the Things received. If the information on the Sharentic Platform has not been sufficient, the User is obliged to seek out additional information. However, Sharentic is not liable for the lack of information provided on the Sharentic Platform, or if any such information provided is misrepresentative of the Thing, or any other Content that pertains to the use or care of the Thing.
Sharentic will make a best effort to answer any queries concerning Things and to answer questions promptly.
Users are encouraged to contact Suppliers for any questions or uncertainties concerning the use of the Thing or how to properly take care of the Thing while it is in the possession of the Thing.
Users are forbidden from sub-renting the Things or selling them to any other parties, including other Members of the Sharentic Platform.
9. Limitations on Liability
Neither Sharentic (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Sharentic Platform or any Content will be liable for any damages, including financial loss, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms of Service, (ii) the use of or inability to use the Sharentic Platorm or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Sharentic Platform, whether based on warranty, contract, contractual breach (including negligence), product liability or any other legal theory, and whether or not Sharentic has been informed of the possibility of such damage, even if a limited remedy set out in these Terms of Service is found to have failed of its essential purpose. Except for our obligation to transmit payments to Suppliers under the terms of our Supplier Agreement, in no event will Sharentic’s aggregate liability for any claim or dispute arising out of or in connection with these Terms of Service, your interaction with any Members, or your use of or inability to use the Sharentic Platform, any Content, or any Host Service, exceed: (A) to Users, the amount you paid as a User during the 6-month period prior to the event giving rise to the liability, or (B) to anyone else, one hundred euros (EUR 100). These limitations of liability and damages are fundamental elements of the agreement between you and Sharentic. If applicable law does not allow the limitations of liability set out in these Terms of Service, the above limitations may not apply to you.
Sharentic is not liable for the quality of the Things that have been ordered or listed by a Member of the Sharentic Platform, or whether they match the description provided as such on the Sharentic Platform, nor any other elements or qualities pertaining to the Things that may otherwise impact the experience of a User of the Sharentic Platform. In case a User is unsatisfied, has received the wrong Things, has received damage Things, or if a Supplier has otherwise misrepresented the nature, state or quality of the Things that have been listed or otherwise placed on offer on the Sharentic Platform, any issues or liabilities arising out of any such fact are to be sole and exclusive liability of the Supplier who has provided such Things, and not the liability of Sharentic.
Sharentic makes a strong effort to find the best possible Members of the Sharentic Platform in order to provide the best possible experience for all of our Members, but we cannot provide any guarantees or be considered liable for the communication, conduct or actions of Suppliers.
In the case where a Member of the Sharentic Platform believes that a member of the Sharentic Platform has not acted according to the principles and terms of Section 8 of these Terms of Service, we ask that the Member submit a complaint to Sharentic on that matter. However, outside of the liability, obligations and responsibilities that Sharentic has explicitly, directly and unconditionally undertaken within these Terms of Service, Sharentic will hold no legal responsibilities on any such matters other than proactively seeking to solve any complaints and removing any Members of the Sharentic Platform who have not acted in good faith.
10. Disclaimer on Warranties
We provide the Sharentic Platform and any other products associated with Sharentic “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Members or Thing or third party; (ii) we do not warrant the performance or non-interruption of the Sharentic Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Thing being “verified” (or similar language) indicates only that the Member or Sharentic has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have rights or warranties we cannot disclaim, the duration of any such required rights or warranties, will be limited to the maximum extent permitted by the applicable law.
11. End User License Agreement
12. Final Provisions
If any substantial amendments are made to the Terms of Service, then you will be notified by e-mail or through a notification via the Sharentic App. If you continue using the Sharentic App, you will be deemed to have accepted the amendments.
These Terms of Service will be governed by and construed and enforced in accordance with the laws of the Republic of Latvia. If the respective dispute resulting from the Terms of Service could not be settled by the negotiations, then the dispute will be finally solved in the courts of the Republic of Latvia. If any provision of the Terms of Service is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.