Terms & Conditions
User Agreement: Terms and Conditions
I. General Provisions
1. Scope of Provisions
1.1 These General Terms and Conditions (the Terms) govern the relationship between RentStuff
Limited. Unit 6C, Nutgrove Office Park, Nutgrove Avenue, Rathfarnham, Dublin 14 (hereinafter referred
to as RentStuff.ie) and a registered user (User) of the Service (defined below).
Before you become a member of RentStuff.ie you must read and accept all of the terms and conditions
in this agreement. This agreement constitutes a legally binding agreement between you and RentStuff.ie
This is affective for current Users, and upon acceptance for new Users.
2. Services
2.1 RentStuff.ie provides an online platform (the Service) via a website (the Website) that enables Users
to conclude a variety of rental and sales agreements (Rental Agreements) between themselves (the
parties). RentStuff.ie does not itself offer items for rent or sale and is not a contracting party in the
Rental Agreements that are concluded. Rental Agreements are concluded solely between individual
Users. Such agreements will be between a User renting out goods or services (the Owner) to a User
buying or hiring those goods or services (the Rental Customer).
2.2 "User" within the meaning of the Terms includes each person, firm or company who is registered to
use the Service including to procure information or to initiate or conclude rental transactions irrespective
of an intention to enter into an agreement as hirer or rental supplier.
3. Registration / User Account
3.1 All Users must be able to form legally binding contracts. All Users must be aged 18 years or over.
3.2 Use of the Service requires registering and opening an account with RentStuff.ie. There are no
charges for registering and opening an account, but by registering, a User must agree to be bound by
the Terms. When registering, the User must give true and complete details. If the User´s details change
following registration, the User must update the details in their account immediately or, if this is not
possible, immediately inform RentStuff.ie in writing of the changes.
3.3. Upon registering and within the prescribed technical requirements, the User must specify a User-
name and a password ("access data"). The User-name must not be such that its use could infringe third
party rights, in particular registered or unregistered trademarks or name or labelling rights, or be in any
way illegal or immoral. The User is obliged to keep the access data secret and protect it from
unwarranted access by third parties. If the User loses their access data, or if they know or believe that
their access data is being used by a third party, the User must communicate this to RentStuff.ie
immediately.
3.4 By submitting the registration form, the User offers to enter into a contract with RentStuff.ie
governed by the Terms and confirms that they are entitled to use the Service in accordance with the
Terms.
3.5 RentStuff.ie reserves the right to decline the User´s registration without giving reasons.
3.6 If RentStuff.ie accepts the registration, the User will receive a confirmatory e-mail with a confirmation
code and a summary of the User´s most important details. The contract between the User and
RentStuff.ie comes into effect when RentStuff.ie sends the confirmatory e-mail. In order to complete
registration, the User must comply with the instructions contained in the confirmatory e-mail.
3.7 RentStuff.ie has the right immediately to block a User´s account at its own discretion:
a) if false statements were made by the User when registering;
b) in the case of loss or suspicion of misuse of the access data by any person;
c) if the User has breached any of the Terms; or
d) if any serious act by the User gives RentStuff.ie reasonable grounds for so doing.
In the event that a User account is blocked by RentStuff.ie, the User concerned is barred from reregistering
and opening a User account with RentStuff.ie without the prior and express written consent
from RentStuff.ie.
4. User´s Right of Cancellation
4.1 If the User is a consumer they can revoke by notice in writing this User agreement within a two
week period without the need to give any reasons. The revocation period begins on the day following
receipt by the User of the acknowledgement e-mail and written version of these instructions. The letter
of revocation must be sent within the stipulated time limit. The revocation letter must be sent to:
Unit 6C, Nutgrove Office Park, Nutgrove Avenue, Rathfarnham, Dublin 14
or
info@rentstuff.ieThe cancellation right is invalidated if, before the end of the revocation period, the User places or
books a rental item or sends an enquiry through the Service
4.2 In the event of an effective cancellation, the User is no longer bound by these Terms. In this event,
this agreement with the User is to be treated as if it was never entered into and any benefits received
by the User or by RentStuff.ie must be returned to the other.
5. Concluding Rental Agreements
5.1 All information concerning rental or sale arrangements provided by RentStuff.ie on the Website is for
information only. It is non-binding and does not amount to an offer to enter into a Rental Agreement or
any other contract.
5.2 Rental Customers have a number of options. They may simply make a rental enquiry and ask the
owner a question or they may rent an item and may enter into a Rental Agreement following an enquiry
as to availability. The type and the time of the conclusion of a Rental Agreement in the different
circumstances are set out below.
5.3 Conclusion and performance of a Rental Agreement are the sole responsibility of the contracting
parties and not of RentStuff.ie. In particular, RentStuff.ie does not collect the rental fee for the Owner.
6. Standard Method
6.1 If the rental item is offered under the Standard Method, all appropriate information relating to the
rental, including the rental price, is found on the relevant page of the Website.
6.2 By sending the completed rental booking form the Rental Customer accepts the Owners conditions
stated in the booking, including any special rental conditions offered by the Rental Owner.
6.3 RentStuff.ie forwards the Rental Customer's reservation on to the Owner and the Owner may accept
or decline booking from the Rental Customer.
6.4 The contact details necessary to enable the swift conclusion of an agreement are available to both
parties. RentStuff.ie will then invoice the Owner for the relevant commission that has been paid in the
reservation of the item by the Rental Customer.
7. Fees
7.1 Use of the Service is free for the Rental Customer.
7.2 Confirmation of a reservation request by a Rental Customer may be dependent on payment of a
booking deposit. This booking deposit is charged by RentStuff.ie in the name of and to the account of
the Owner, as a partial advance payment on the total transaction amount for the rental. The booking deposit is also equal to the commission due by the owner to RentStuff.ie for the transaction:
Min transaction fee=€1.00
€0 - €750 = 10%
€751 - €1500 = 7.5%
€1501 + = 5%
All prices exclude VAT @21.5%
7.3 From 1st June 2010 listing an item for rent on the Website will be subject to charges as shown below. The
amount shown is the monthly fee (ex VAT) and it is to be paid quarterly in advance. An email message
reminding you about the listing fee renewal will be sent 7 days before expiration.
The cancelled items will be removed by RentStuff.ie following expiry of the contract.
Listing Prices
Register now and receive free listings until 1st June 2010
1 Listing = FREE Additonal listings €2 per item per month
Premium Packages
Gold
2 - 10 Listings €15 per month
Platinum
11 - 50 Listings €45 per month
VIP
Unlimited Listings €99 per month
All prices exclude VAT @21.5%
7.4 Special additional services, such as preferred listings or advertising etc., are liable to charges. The
charges are in accordance with the current price list or an individual offer from RentStuff.ie. RentStuff.ie
will send the Owner an e-mail invoice with the amount payable, which the Rental Owner must pay within
7 days of receipt. RentStuff.ie is under no obligation to send reminder invoices.
7.5 The Owner has the option of paying the annual contract by direct debit or credit card. In this event they have to
ensure that the required credit is always available. If this is not the case, or if the debit fails for other
reasons, the Rental Company must pay the administration fee relating to each failed debit in the amount
of €10.
8. Rating System
8.1 RentStuff.ie cannot exclude the possibility that Users use the Service with intent to fraud. In
particular, RentStuff.ie does not accept any liability arising as a result of a User registering under a false
identity. RentStuff.ie recommends that all Users verify the identity of their contracting partners prior to
the exchange of goods or services.
8.2 In order to provide an indication of the reliability of a potential Rental Customer or Owner,
RentStuff.ie has a rating system, the observance and use of which RentStuff.ie recommends. The
system is based exclusively on information from prior contracting partners. The information does not
reflect the view, opinion or position of RentStuff.ie and does not constitute an evaluation or
recommendation of Users by RentStuff.ie.
8.3 Following settlement of a Rental Agreement, each party will then have the opportunity to rate the
other party and, in particular, to give information on the party´s reliability under the Rental Agreement.
The User must only give information that is true, factual and which avoids wrongfully dispraising the
evaluated User. The information must not infringe legal requirements. We draw your attention to Clause
12. A User must not rate them self or prompt third parties to rate them self in a particular way. Users
must not include in ratings circumstances outside the specific Rental Agreement.
8.4 In its sole discretion, RentStuff.ie has the right to delete any User rating at any time without giving
reasons and without warning. In particular, but without limitation, RentStuff.ie may delete any rating if
these Terms are breached or if the rating runs contrary to the intention of the rating system.
9. Use of Personal Details
Contact details that are disclosed through use of the Service, or that become known within the
framework of the use of the Service, may be used by the contracting parties solely for transacting Rental
Agreements. In particular, all Users are forbidden from using such data for advertising purposes or for
sending any unsolicited e-mail, fax or letter or for making contact by telephone or otherwise.
10. Cancellation
10.1 The User can cancel this agreement at any time by sending a written cancellation notice to the
address given in Clause 4.1, but any liability already incurred under this agreement remains
enforceable.
10.2 RentStuff.ie can cancel this agreement with the User at any time on two weeks written notice sent
by post or email to the relevant address registered by the User. RentStuff.ie can also cancel this
agreement at any time on breach by the User of this agreement.
11. Liability
11.1 RentStuff.ie does not warrant that the use of the Service will be uninterrupted or error-free.
11.2 RentStuff.ie shall have no liability for any losses or damages which may be suffered by a User (or
any person claiming under or through a User), whether the same are suffered directly or indirectly or are
immediate or consequential, which fall within the following categories:
11.2.1 special damage even though RentStuff.ie was aware of the circumstances in which such special
damage could arise;
11.2.2 loss of profits, revenue, anticipated savings, business opportunity or goodwill;
11.2.3 loss of, or damage to, data;
11.2.4 loss of contract;
11.2.5 reduction in goodwill;
11.2.6 for any other direct or indirect or consequential loss however arising, due to any use of or defect
in the Service (including any virus) even if such loss was reasonably foreseeable or RentStuff.ie had
been advised of the possibility by the User.
11.3 The exclusions in this licence shall apply to the fullest extent permissible at law, but RentStuff.ie
does not exclude liability for death or personal injury caused by the negligence of RentStuff.ie, its
officers, employees, contractors or agents, for fraud, for breach of the obligations implied by the Sale of
Goods and Supply of Services Act 1980, or for any other liability which may not be excluded by law.
12. Indemnity
12.1 The User indemnifies and holds harmless RentStuff.ie against all claims, damages, costs and
expenses of whatever nature (including costs on an indemnity basis) which RentStuff.ie may incur or
which may be awarded against RentStuff.ie and which arise out of the use of the Services by or with the
permission of the User or out of a breach of this agreement. For the avoidance of doubt this indemnity
includes, without limitation, costs and expenses reasonably incurred in responding to and dealing with
claims made irrespective of whether proceedings have been commenced, and claims relating to the
services or goods offered by a User through the Website, ratings placed by one User in respect of
another User, or as a result of the illegal offer or rental of an item.
12.2 The User is bound, in the event of a claim against RentStuff.ie, to provide RentStuff.ie immediately,
truthfully and completely with all information required by RentStuff.ie to examine the claim and to
prepare a defence against the claim.
13. No Set-off
A User shall have no right of set-off in relation to any sums due to RentStuff.ie or any claims or liabilities
the User has or claims to have against RentStuff.ie.
14. Governing Law and Dispute Resolution
14.1 This licence shall be governed by and construed in accordance with Irish law and each party
hereby submits to the exclusive jurisdiction of the Irish courts.
If a dispute arises between you and RentStuff.ie, we strongly encourage you to first contact us directly to
seek a resolution. We will consider reasonable requests to resolve the dispute through alternative
dispute resolution procedures, such as mediation or arbitration as alternatives to litigation. (YOU MAY
NOT WISH TO BE INVOLVED)
15. Amendments to the General Terms of Use
15.1 RentStuff.ie reserves the right to amend these Terms at any time and without giving reasons. The
User will be sent the amended Terms by e-mail.
15.2 The revised Terms are deemed accepted if the User does not object within 14 days following the
sending of the e-mail. Any objection must be in writing and will have the effect of immediately
terminating this agreement.
II. Rules for Owners
16. Placing Rental Items
16.1 An Owner has the possibility of offering individual items for rent through the Service. The items
placed can be booked through the Website.
16.2 The Owner must place any item in an appropriate category, describe it correctly and completely,
and truthfully indicate any specific rental terms, features and characteristics of the item reasonably
required by another User in deciding whether to enter into a Rental Agreement.
16.3 The Owner is not permitted to enter contact details that enable another User to establish direct
contact with them, whether in the username, description or in the rental conditions of the rental item
being placed, or elsewhere. In particular, it is not permitted to specify telephone and fax numbers or e-
mail and Internet addresses.
16.4 If the Owner accepts orders from consumers, the Owner must state that the price named in the
offer is the gross price (including VAT) and specify any other price components or additional charges to
the consumer, as well as giving the exact rental rate.
16.5 All Owners must ensure that their offer of goods or services for hire complies with all applicable
laws, as must their supply or rental of such goods or services and the terms of any Rental Agreement
they enter into with another User. This includes, without limitation, all applicable laws governing distance
selling and e-commerce and the obligation to provide details of identity and address and to offer a right
of cancellation. Specific attention is drawn to the terms of Clause 12.
16.6 The Owner has the possibility of describing the items to be placed with images that can be
uploaded when placing the item on the RentStuff.ie server. The Owner warrants that by using the
images no third party rights are infringed, such as copyright or other intellectual property rights.
16.7 The Owner must immediately remove items that are no longer available for rent.
17. Prohibited Rental Items
17.1 It is forbidden to place items in the Service and offer them for rent
a) if the sale or rental is illegal; or
b) if selling, renting, offering for sale or rental or advertising infringes third party rights (by way of
example, copyrights, moral rights, performance protection rights, trademarks, patent rights and design
protection rights, or other third party rights); or
c) if they contain symbols of unconstitutional organisations according to the law of any EU member
state; or
d) if they are pornographic or otherwise harmful to young persons; or
e) if they are weapons; or
f) if they endanger health; or
g) if they are immoral.
17.2 The rental and of animals is subject to special legal conditions and laws for the protection of
animals. The Owner shall be responsible for adhering to these regulations. Where an official licence is
required by law then only licensed Owners have the right to list relevant animals on RentStuff.ie.
17.3 RentStuff.ie reserves the right to remove items that breach the Terms and Conditions or violate any
applicable law, without giving reasons and without prior warning. We draw your attention to Clause 12.
18. Copyrighted Items
18.1 Originals or duplicates of works on which copyrights or performance protection rights exist (e.g.
musical works, films, live recordings of performances or concerts, photographs, literary works, maps,
paintings, graphics, computer programs, data bases etc.) can only be rented out with the express
permission of the holder of the rights. This also applies, with the exception of buildings and works of
applied art, even if the original or the copy was put into circulation by sale and with the permission of the
holder of the distribution rights, and the Owner has legally acquired the original or copy.
on of the
holder of the distribution rights, and the Owner has legally acquired the original or copy.
18.2 The Owner confirms that the holder of the distribution rights on any item has given permission for
the item to be rented out wherever such permission is necessary. Attention is drawn to Clause 12.
19. Prohibited Details
19.1 The item description given by the Owner, including any uploaded images, may not contain
advertising for products other than the items offered.
19.2 It is not permitted to create links to third party Internet offers or to other Internet offers of the
Owner.
III. Other Provisions
20. Privacy and Data Security
Information on data security and Rentstuff.ie privacy policy can be found in the
Data Protection and Security Notice.
21. Waiver
No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that
party and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be
a waiver of any other right or of any later breach.
22. Severability
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force
and effect of the remainder of the provisions shall not be prejudiced.
23. Third party rights
A person who is not party to this agreement has no right under the contract to enforce any term
of this Agreement.
24. Agreement Template – Standard Agreement
In order to facilitate the rental procedure between an owner and a renter, RentStuff.ie makes available
to the owners and renters, a standard rental agreement according to the type of product that is being
offered for rent. This contract or agreement, depending of the type of rental, includes information about
how to deliver the security guarantee, the length of the rental, the price of the rental as well as all other
necessary details for successfully accomplishing the rental agreement. This tool is made available by
RentStuff.ie however; RentStuff.ie accepts no responsibility for the content of each rental agreement
and the uses to which it may be put.
25. Entire agreement and conflict
This agreement and the Data Protection and Security Notice contain the whole agreement between the
parties relating to the subject matter hereof and supersede all prior agreements, arrangements and
understandings between the parties relating to that subject matter.
26. Independence
Nothing in this agreement shall create or be deemed to create a partnership, a joint venture or the
relationship of principal and agent or employer and employee between RentStuff.ie and a User.
27. Intellectual Property
Nothing in this Agreement shall give a User the right to use the trade marks, copyright or other
intellectual property of RentStuff.ie.
28. No Agency
No agency, partnership, joint venture, employee-employer or franchise- franchisee relationship
is intended or created by this agreement.
Any questions?
If you have any questions with regard to the General Terms and Conditions please refer them to
info@rentstuff.ie
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