Terms & Conditions

IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEBSITES PRODUCTS IS SUBJECT TO THE TERMS AND CONDITIONS SET OUT BELOW. BY USING THIS WEBSITE OR FRONT ROW ITEMS YOU AGREE TO OBSERVE ALL TERMS & CONDITIONS, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE. IF YOU DO NOT AGREE WITH ANY TERM OF THESE TERMS AND CONDITIONS, YOU MUST CEASE YOUR USE OF THIS WEBSITE OR FRONT ROW'S RENTALS IMMEDIATELY.

IMPORTANT NOTICE

Your attention is drawn to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between You and Front Row. It is your responsibility to read the clauses referred to:

By accessing this Website or renting any of our items, you are agreeing to these Terms.
If you do not agree to these Terms, do not use the Website or purchase or order Products (clause 2.2).

You give Front Row permission to use and process certain of your personal information (clause 16)
You limit Front Row’s liability and indemnify Front Row for various acts or omissions. (Clause 17).

1. Definitions and Interpretation

1.1. “Rentals” mean any products or services available on this Website or provided by Front Row.

1.2. “FR” means Front Row trading under RushTush (Pty) Ltd with registration number 2012/170058/07 with its Registered address at 403 Kylemore A Marina Residential, Dock Road, Waterfront, Cape Town, 8001.

1.3. “You” or the “user” means any person who accesses this Website for any purpose or purchases or uses any of the Products.

1.4. “Website” means the website of Front Row at URL www.rentfrontrow.com or such other URL as Front Row may choose from time to time.

2. Use Subject to these Terms and Conditions

2.1. Your use of and access to this Website and your use and purchase and rentals of Products is at all times governed by the terms of these terms and conditions, and by accessing this Website or renting a Product, you agree to adhere to the provisions thereof. Your agreement to these terms and conditions will be deemed to have been given on the date when you first accessed this Website or rented the products.

2.2 IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST CEASE YOUR ACCESS TO THIS WEBSITE OR YOUR USE OF THE PRODUCTS IMMEDIATELY.

2.3 These terms and conditions include Front Row’s Privacy Policy, which is included herein by reference.

2.4 Please note that, due to legal and other developments, Front Row may be required to amend these terms and conditions from time to time without notice. It is your duty to remain apprised of the current version of these terms and conditions. Please refer to the last revision date at the top of this document. Continued use of the Website after any amendments have been affected constitutes your acceptance of the terms and conditions as amended.

3. Registration of Account on the Website

3.1 You can create an account on the Website, and you accept that you are solely responsible for the consequences of your use of your account and for maintaining it and all information in it.

3.2 You agree:

3.2.1 not to use your account to commit any unlawful activity, or in a way which is likely to be defamatory or cause offense.

3.2.2 not to divulge your username or password to any other person, and
3.2.3 not to impersonate any other person in dealing with Front Row, and particularly not to access the Website using another user’s username and password.

4. Rentals

4.1 All rentals displayed on the Website are limited and are subject to availability.

4.2 The rentals available on the Website are for your personal use only. You may not sell or resell any of the products, or rentals you receive from Front Row. If, in Front Row’s sole discretion, it believes that any order to be filled provided to you may result in the violation of these Terms, Front Row reserves the right, with or without notice, to cancel a once-off rental or membership plan.

4.3 Front Row does not make any promises, representations, warranties, or guarantees with reference to the rentals except such as are consistent with these Terms or as are expressly authorized by Front Row in writing.

4.4 Front Row will make all reasonable attempts to ensure that when the stock is rented the item is updated with the latest rental calendar dates on the Website.

4.5 If Front Row is unable to fulfill any order due to an overbooking on the website, you will be informed and entitled to a reimbursement for the rand value you have paid for such item.

4.6 Front Row will make all reasonable attempts to ensure that all rented items are visible on the website so overbooking does not occur.

4.7 Front Row reserves the right to communicate any product changes to you on the Website, which may include but is not limited to, the packaging, and name changes.

5. Orders

5.1 The Website allows you, the User, to place electronic orders (“Order”) for one or more rentals if the Products are available.

5.2 A rental agreement (“rent”) between you and Front Row will only come into effect if:

5.2.1 You have fully completed AND submitted the once-off rental or membership plan for one or more Products in your basket.

5.2.2 Your payment has been authorized by Front Row and/or has been received into Front Row’s bank account.

5.2.3 The rental is available.

5. 3 You are not able to reserve rentals to be bought at a later stage and placing an item in your basket or adding an item to a “Wishlist”, without fully completing the Order. It does not amount to a Sale or a successful membership plan.

5.4 If a rental is booked by a different customer before your booking takes place, Front Row is authorized to remove the item/s from your basket.

5.5 Front Row may not be held responsible if a Rental has become unavailable by the time you try to complete a Rental at a later stage.

6. Payment

6.1 Your One-Night stand rental and membership fee costs will be set out on the Website and is subject to change.

6.1.1 Shipping costs are not covered by your one stand rental or your membership plan. Each shipment will be billed upon checkout.

6.2 All payments must be made in South African rands (ZAR). Your total Order price will include the price of the purchase plus dry cleaning, wear and tear fee, any applicable sales tax (VAT), and shipping costs.

6.3 Once payment is made, it is deemed that you have read and understood these Terms so don’t make a purchase through this Website unless you understand and agree to all the Terms and Conditions.

6.4 Front Row reserves the right to change pricing at any time without prior notice.

6.5 If you pay using the Website or application then you authorize Front Row and certain third-party service providers, to receive, store, and encrypt your payment information.

6.6 Front Row payment gateways use the strictest form of encryption, and no credit card details are stored on the Website.

7. Shipping and Returns of Rentals

7.1 When your FROWS are returned within the specified time frame, you will receive a credit equivalent to the value of your FROW/S, excluding the shipping costs.

7.2 Subject to rental availability with customers and receipt of payment, orders will be processed the same day you have scheduled your rental/s and handed over to a courier the following day for delivery.

A delivery fee applies to ALL rentals upon checking out.

7.3. Delivery times vary.

  • As a metropolitan customer; Cape Town, Johannesburg, George, Port Elizabeth, Durban, Bloemfontein, and Pretoria we urge you to place your orders 1-2 days before your special occasion.
  • As an outlying customer please place your orders 3 days before your special occasion.

We urge that all customers place their orders in advance to ensure it is delivered in time before your special occassion.

7.4 Ensure that your rentals are returned in the same condition as you received them. Pack your FROWS into the provided clothing bag, and our couriers will provide a second flyerbag and waybill to facilitate a seamless return process. It's essential to maintain the items' condition and follow the provided instructions for a hassle-free return experience.

7.5 If your return is missed without prior communication, Front Row will debit your account as below:

  • Late fee pricing based on your membership plan:
  • Late fee of R350 for all Silver Membership Customers (Tier 2)
  • Late fee of R525 for all Gold Membership Customers (Tier 3)
  • Late fee of R466 for all Platinum Membership Customers (Tier 4)

7.6 If you’ve missed your pick up date on your One-Night stand rental, you will be billed a late fee of 50% to your original rental amount.

7.7 You are liable to pay the FULL garment price advertised on the website if the garment is lost or damaged beyond repair.

8. Ownership and Risk

8.1. Ownership of all Products is retained by Front Row until payment has been made in full, upon which rental ownership will pass to you.

8.2. One-night stand rental/membership fee for the rentals has been paid, and the Product delivered to you the ownership, and risk in the use of the Product will pass to you.

9. Insurance

9.1. Responsibility after signing for the purchase:

Once you sign to acknowledge the receipt of your purchase, the responsibility for the items is transferred to you. This means that any damage or loss that occurs after you have signed for the delivery will be your responsibility.

9.2. Delivery by someone other than yourself:

If you authorize someone else to receive the delivery on your behalf, their signature will be proof of delivery. In such cases, the responsibility of the purchase will still be transferred to you, even though someone else has signed for it.

9.3. It's important to carefully inspect your purchase upon delivery and report any issues or damages to Front Row immediately. If you have any specific questions or concerns about the insurance coverage or responsibility transfer, it's advisable to contact Front Row directly for accurate and detailed information regarding the policies.

10. Returns or Refunds

10.1 YOU ARE ENTITLED TO CANCEL YOUR SUBSCRIPTION OR ONCE-OFF RENTAL, WITHOUT REASON AND WITHOUT PENALTY. If you cancel your subscription before the current billing period is over, your subscription will remain active until the end of that period. You will continue to have access to the service and enjoy its benefits until the billing period concludes.

10.2 When returning an unsatisfied rental you will be given a credit to the value of the returned garment for future use.

10.3 Under no circumstances will Products that have been damaged beyond repair be accepted for return or credit, it being your responsibility to inspect the Products immediately upon delivery and most importantly keep them in the same condition upon use.

10.3.1 Any rental/s received back at our offices that are damaged beyond repair, you as the customer will be liable to pay the FULL amount advertised on the FR website of said garment/s.

10.3.2 Rental/s that have been lost in your possession, need to be reported to info@rentfrontrow.com immediately. You will be liable to pay the FULL amount advertised on the FR website of said garment/s.

10.4 Your return day will be the last selected date on our drop down calendar when booking your rental.

It's important to ensure that you are available on the designated day for the collection. If you fail to be available as agreed, you will be held liable for the late fees that have been set.

10.4.1 To avoid any issues, please make sure you are present at the same location where the delivery was made on the scheduled collection day. Our couriers will be notified of your collection. To ensure a smooth and compliant return process, please make sure to return the rental items in the designated Front Row clothing bag. This will help avoid any potential issues or misunderstandings regarding the return of the items.

11. Content

11.1 All information viewed or accessed from this Website is provided “as is” without any warranty, whether express or implied unless this is specifically imposed by law.

11.2 All material included on the Website is intended for information purposes only and does not represent legal advice. You are hereby placed under notice that you should take appropriate steps to verify such information.

11.3 You should not act or refrain from acting on the information contained in this Website without first verifying the information and as necessary obtaining legal and/or professional advice.

11.4 The contents of the Website should under no circumstances be seen as a quotation or invitation to do business.

11.5 Any use of or reliance on this Website, the contents of this Website, or the information provided through this Website will be at your sole risk. Front Row makes no representations or warranties whatsoever as to the accuracy of the information contained in this Website.

11.6 Front Row does not warrant that this Website or the delivery, hosting, and ancillary services or facilities of third-party suppliers utilized by Front Row will continue to operate, will operate without interruptions, or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused because of any use of this Website.

12. Third-Party Sites

12.1 The Website contains hyperlinks to websites owned and/or operated by third parties. Front Row is not responsible for the content of such websites and does not endorse or approve the contents thereof.

12.2 Front Row consequently does not accept any liability in connection with any third-party websites that may be linked to this Website (regardless of whether a link has been permitted by Front Row) and is not responsible for the content of any website that is linked to this Website. The fact that a website is linked to this Website does not imply that Front Row sponsors, endorses, or is affiliated or associated with the entity that owns or is responsible for the website.

13. Intellectual Property

13.1 Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source, and/or object code, and all other works contained in this Website is owned by Front Row, which asserts and reserves all its rights in this regard. Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by Front Row or any other party.

13.2 The contents of this Website may not be transmitted, transcribed, reproduced, stored, or translated into any other form without the prior written permission of Front Row.

13.3 No other use of this Website is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Website, include the content of this Website in or with any product that you create or distribute, or copy the content of this Website onto your own or another’s website, unless as set out in these terms and conditions.

14. Linking, Framing, and Crawling

14.1 The express permission in writing of Front Row is required before any hyperlink other than to the Home Page of this Website is created. Permission, if granted, will be subject to the condition that the party linking to this Website alerts users to the application of these terms and conditions. Requests for permission can be emailed to info@rentfrontrow.com

14.2 Permission to link to this Website is given without the assumption of any liability. Front Row reserves the right to withdraw permission granted to link to this Website at any time and for any reason.

14.3 The express permission in writing of Front Row, which may be subject to conditions, is required before this Website, any of its pages, and/or any of the information contained on the Website is framed. Requests for permission can be emailed to info@rentfrontrow.co.za.

14.4 Apart from bona-file search engine operators and use of the search facility provided on the Website for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without the prior written consent of Front Row.

15. Security

15.1 Front Row will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorized access to any page on this Website.

15.2. While Front Row takes all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Website or by destructive data or code that is passed on to you through the use of this Website

16. Personal Information

16.1 When you access or use the Website, sign up for a Front Row newsletter, opt into marketing communication, register an account, conclude a subscription or transaction, or send an email to info@rentfrontrow.com you agree to receive electronic communication from Front Row and you are able to ‘opt out’ at any given time.

16.2 FURTHER INFORMATION REGARDING THE MANNER IN WHICH FRONT ROW RESPECTS THE PRIVACY OF USERS’ PERSONAL INFORMATION IS CONTAINED IN THE PRIVACY POLICY.

17. Disclaimer Warranties and Liability and Indemnity

17.1 For the purposes of this clause “damages” means and includes:
all losses, liabilities, and damages relating to or arising from these Terms or the Services, howsoever arising, whether out of breach of an express or implied warranty, misrepresentation, negligence, vicarious or strict liability, in delict or otherwise, and whether foreseen or not; and

17.1.2 Any legal costs (including legal fees at an attorney and own client scale and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties) or other costs, claims or demands.

17.3 TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES (INCLUDING CONSEQUENTIAL, EXTRINSIC, SPECIAL OR INCIDENTAL LOSS OR DAMAGES WHICH WILL INCLUDE BUT NOT BE LIMITED TO LOSS OF PROPERTY OR LOSS OF PROFIT, BUSINESS, GOODWILL, REVENUE OR ANTICIPATED SAVINGS), OR AGGRAVATED DAMAGES IN CONNECTION WITH THE USE OF THE PRODUCTS OR THE USE OR INABILITY TO USE THIS WEBSITE WHETHER DIRECTLY OR INDIRECTLY RESULTING FROM INACCURACIES, DEFECTS, ERRORS, WHETHER TYPOGRAPHICAL OR OTHERWISE, OMISSIONS, OUT OF DATE INFORMATION OR OTHERWISE, EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE AND RUSHTUSH HAD BEEN ADVISED OF THE POSSIBILITY OF THE SAME.

17.4 BY PLACING AN ORDER ON THE WEBSITE YOU AGREE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT YOU SHALL HAVE NO CLAIM WHATSOEVER AGAINST FRONT ROW, AND YOU HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE FRONT ROW FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, ACTIONS, PROCEEDINGS, CLAIMS, AND DEMANDS (INCLUDING, WITHOUT LIMITATION, ANY ACTION, PROCEEDING, CLAIM OR DEMAND INSTITUTED OR MADE BY ANY CUSTOMER OR OTHER PERSON WHOMSOEVER) AND LEGAL AND OTHER COSTS AND EXPENSES (INCLUDING LEGAL COSTS ON AN ATTORNEY AND OWN CLIENT SCALE) OF WHATSOEVER NATURE AND HOWSOEVER ARISING (INCLUDING, BUT NOT LIMITED TO, IN CONNECTION WITH OR ARISING FROM INJURY OR DEATH OR ANY LOSS OF OR DAMAGE TO ITS OR ANY OTHER PERSON’S PROPERTY) WHICH YOU OR ANY OTHER PERSON MAY INCUR OR SUFFER ARISING FROM THE USE OF THE PRODUCTS OR MATTERS CONNECTED THEREWITH OR RELATED THERETO.

18. Jurisdiction

18.1. These terms and conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and Front Row both agree to submit any dispute arising out of the use of this Website to the exclusive jurisdiction of the courts of the Republic of South Africa.

19. Disputes

19.1 Should any dispute of whatsoever nature arise between us and you concerning these Terms, we must try to resolve the dispute by negotiation within 10 (ten) business days from the date of a written invitation by either of us.

19.2. If the dispute has not been resolved by such negotiation, either of us may submit, by written notice to the other, the dispute to the Arbitration Foundation of Southern Africa (“AFSA”) for administered mediation, upon the terms set by the AFSA. The receipt by either party of notice as aforesaid, will constitute the submission of the dispute to arbitration for the purposes of delaying the completion of prescription in terms of section 13 of the Prescription Act No. 68 of 1969 or the corresponding provisions in any amendment thereto or replacement legislation.

19.3. Failing such a resolution, the dispute, if arbitrable in law, will be finally resolved in accordance with the Rules of the AFSA by an arbitrator or arbitrators appointed by AFSA.

19.4. This clause constitutes an irrevocable consent by us and you to any proceedings in terms hereof and neither of us will be entitled to withdraw from the provisions of this clause or claim at any such proceedings that it is not bound by this clause.

19.5. The foregoing will not restrict the right of either of us to apply to a competent court for relief of an urgent nature or should its intellectual property rights be violated or threatened.

19.6. Pending final settlement or determination of a dispute, we and you shall continue to perform our subsisting obligations hereunder.

20. General

20.1. These terms and conditions contain the record of the entire agreement between users and Front Row in respect of access to and use of the Website and the rentals and use of Products.

20.2. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.

20.3. Front Row’s omission to exercise any right under these terms and conditions will not constitute a waiver of any such right unless expressly accepted by Front Row in writing.

20.4. Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these terms and conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all the hyperlinks may be non-operational, will not play a role in the determination of the validity and interpretation of these terms and conditions.

21. Support and Questions

We will respond to any questions regarding the Products and these Terms via info@rentfrontrow.com.

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