Terms and Conditions
AGREEMENT TO OUR LEGAL TERMS
Last Updated: 06-11-2024
We are SHARTT, LDA, doing business as Shar ('Company', 'we', 'us', or 'our'), a company registered in Portugal. Our VAT number is 518099148.
We operate the mobile application Shar (the 'App'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
Shar is the platform that will make you find all the goods you are looking for, without the need of buying them. It is a rental platform designed for connecting people from Everywhere to Everything, nearby or in a different country, today or by the time that best suit you. If you are looking for an affordable and sustainable way to (re) use a variety of items, Shar does perfectly fit you! Here, you can rent a wide range of goods, from clothes, accessories, cameras, drones, sports equipment, garden tools and other second-hand items from various brands, ALL in ONE place.
You can contact us by email at support@shar-app.com.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and SHARTT, LDA, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by support@shar-app.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
Who cannot use the site: The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. Shar's platform is not intended for individuals under the age of 18. If you are a parent or guardian of a minor under 18, you may create an account and agree to these Terms on their behalf. However, by doing so, you assume full responsibility for the minor's use of Shar's platform and acknowledge that it is intended for users who are at least 18 years old.
Visitors: If you are a visitor to the Site, you may search and view Catalog Items, read the Forum and other content provided by users, as well as news and other information published on the Site. However, you will not be considered a User and will not be entitled to use the Services. These Terms may, however, be informative for you.
Create an account: To rent or list items on Shar, and to use the Services, you must first register on the Site and create a User account. By registering on Shar, you agree to provide true, accurate, current, and complete information. It is important that you always maintain and promptly update your Account information to keep it true, accurate, and complete.
During the registration process, Users will be asked to provide their first and last names, email address, phone number, country, city, address, and postal code. Additionally, Users may link their Facebook, Google, or Apple ID profile. To enhance your experience on the Shar platform, we use both GPS location data and the address entered by the user for the following purposes: To show the nearest items available for rent; To locate the nearest users; To automatically position the location marker when selecting a location. Additionally, the address entered by the user is used for: Ensuring that the user appears within proximity to other users; Protecting user privacy by never disclosing the exact address. Only a general radius around the address is shared with other users.
We will use this data for the purposes and in the manner described in the Privacy Policy.
To protect your User Account and ensure the safety of other Users, Shar may, when necessary, verify the information included in your User Account or ask you to answer relevant questions, provide relevant information, or assist in verification procedures ('Security Procedures'). The Security Procedures are designed to confirm that you are the person accessing and/or conducting transactions from your User Account. These procedures will be reasonable and proportional to the security objectives pursued.
As part of the Security Procedures, Shar may verify your phone number, email, credit card, debit card, or other payment method, or your bank account.
We recommend that you print a copy of these Legal Terms for your records.
1. Our Services
1.1 Shar provides a platform that enables:
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.2 Shar's Role and Responsibilities
Shar only offers a platform that allows users to rent and list items but does not rent or lend items directly.
1.2.1 Consequently, it is the owner's duty to ensure that items match the provided descriptions, are suitable for their intended purpose, and are safe to use.
1.2.2 As an owner, you are also accountable for fulfilling any legal obligations related to the items you offer for rent, including honoring renters' rights under applicable consumer laws. By listing an item on Shar, you confirm and warrant that you are the legal owner of the item or have the full right and authority to rent it out. You further confirm that the item is not stolen, counterfeit, or obtained by any illegal means. Shar reserves the right to remove any listings and take appropriate action, including account suspension, if there is any indication that this warranty has been breached. Violations of this clause may result in reporting to law enforcement authorities where applicable.
As a renter, you are responsible for the diligent use and timely return of any items rented through the Shar Service. You are liable for compensating the owner (through the applied security deposit) for accidental damage or loss of the item in any of the specified situations, such as negligence, carelessness, improper use, lack of required skills or experience, or theft. Any occurrence reported by either the renter (during the rental period) or the owner (post-rental period) that may necessitate the transfer of the security deposit to the owner will be thoroughly reviewed by Shar's resolutions team. This team is the one responsible for promptly determining the appropriate course of action, based on the required evidence submitted by both parties (renter uploads photos and videos of the item before returning it to the owner, and owner uploads photos and videos of the item after receiving it back from the renter), as well as on any pertinent additional information or event descriptions provided by the parties.
Furthermore, renters are responsible for any harm they may cause to other people or property while using the rented items.
Limitation of Liability - While Shar employs various methods to ensure the service is as secure as possible, we are not responsible for any thefts, robberies, or criminal activities that may occur during the rental process or as a result of using the platform. Users engage in rentals at their own risk, and Shar disclaims any liability for loss or damage arising from such incidents.
2. Intellectual Property Rights
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to: access the Services; and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@shar-app.com.
If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ('Contributions'). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you: confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution; warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the 'COPYRIGHT INFRINGEMENTS' section below.
3. User Representations
By using the Services, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete;
- You will maintain the accuracy of such information and promptly update such registration information as necessary;
- You have the legal capacity and you agree to comply with these Legal Terms;
- You are not a minor in the jurisdiction in which you reside;
- You will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
- You will not use the Services for any illegal or unauthorised purpose; and
- Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. User Registration
You may be required to register to use the Services.
You agree to keep your password confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. Products
5.1 Permitted Items
Only items that meet all of the following conditions are allowed to be listed on the Site:
The item must fall under one of the categories specified as Permitted Items in the Catalog Rules.
The rental, use, or possession of the item must not infringe upon the rights of any third parties (including intellectual property rights) and must comply with all applicable local, national, or international laws and regulations. The item must be safe, authentic, and not counterfeit.
The item must meet all standard market requirements, unless otherwise agreed upon between the Renter and the Owner.
Items must comply with the list of prohibited and restricted products and services as defined by the Payment Service Provider.
5.2 Listing an item
To list an item in the catalog, the Owner must comply with all Catalog Rules.
The Owner is required to choose the delivery method that best suits their preferences - either courier pick-up delivery or on-hand/in-person delivery.
Additionally, the Owner must complete the listing form by uploading at least three high-quality photographs, selecting a listing title, choosing a category that accurately represents the item, providing a detailed description of the item, and setting the rental prices along with the security deposit. The Owner must specify a fair security deposit amount for their items, remembering that a reasonable deposit increases the likelihood of the item being rented.
A security deposit is a refundable amount paid upfront by the renter to cover potential damages or issues with the item. The deposit is extracted from the renter's account and held until the item is returned. If the item is in good condition, the deposit will be fully refunded. If there are damages or issues, the deposit may be used to cover those costs and sent to the owner.
Owners are prohibited from using photographs found on the internet or images of similar items. The description and photographs must accurately reflect the actual condition and appearance of the item, including any flaws, defects, or modifications.
5.3 Offer for Rental
When an Owner lists an Item in the Catalog and the listing is published on the Site, this constitutes an offer by the Owner to rent the relevant Item, which can be accepted by the Renter.
5.4 Modifying the Listing
The Owner who has listed the Item may remove it, hide it, or edit/change it at any time before entering into an agreement with a User for the rental of the Item in question.
5.5 Description of Key Parameters Determining Ranking
Listings displayed in the default search results of the Renter's Catalog are ordered by "relevance," taking into account the following key criteria:
Relevance to the search term (including the language of the term);
Preferences set in the Renter's Account (e.g.: categories);
Historical data on the Renter's browsing habits (e.g: categories, price range, condition, brands of listings the Renter has interacted with);
The date the Item was uploaded.
5.6 Removal of Content
Shar, upon receiving proper notification or from the relevant authorities, will promptly remove any illegal content.
Shar may also use automated software and algorithms to detect and immediately remove any Items or Content from the Site without prior notice that:
Are illegal or violate applicable regulations (e.g., counterfeit items);
Are contrary to public decency or public safety, or
5.7 Vacation Mode
Users can activate a "Vacation Mode" on their Account.
When a User has set their account to "Vacation Mode," the Items they have listed for rent will be hidden from other Users.
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
Rentals and Payment
6.1 Renting Items on the Site: How much does it cost?
6.1.1 For Owners - Listing Items: Listing items for rent is 100% free on Shar. Similarly, there is no cost for browsing other users' listing items on the platform. Additional services for Owners and Pro Owners as promoting/make the items more visible for other users, are, nonetheless, paid options.
6.1.1.1 For Owners - Renting Items: For each transaction made on Shar the Owner protection is activated, and a fee is applied. Shar charges a 10% fee over all transactions made. The fee applies over the rental's global fixed price. As an example, if an owner is renting an item for 2 days, at 20€ per day, that means that the owner will earn 36€ by the end of the rental period.
There is a 3€ minimum owner service fee per transaction. In numbers, this means that if an owner is renting an item for 2 days, at 4€ per day, the transaction fee would be 1,6€. As such, an additional 1,4€ fee would be added to the checkout final price for the minimum service fee requirement to be met.
6.1.1.2 For Renters - There is no cost for browsing other users' items on the platform. For each transaction made on Shar the borrower protection is activated, and a fee is applied. Shar charges a 10% fee over all transactions made. The fee applies over the rental's global fixed price.
As an example, if the renter is borrowing an item for 2 days, at 20€ per day, that means that the renter will pay 22€ by the end of the rental period.
There is a 3€ minimum renter service fee per transaction. In numbers, this means that if the renter is borrowing an item for 2 days, at 4€ per day, the transaction fee would be 1,6€. As such, an additional 1,4€ fee would be added to the checkout final price for the minimum service fee requirement to be met.
Depending on the delivery method applied over an item, i.e. on hand or pick-up delivery, transportation costs shall be also incurred.
On hand delivery does not imply any transportation costs.
Pick-up delivery always implies the payment of transportation costs, covered by both the owner and the renter.
The transportation costs primarily depend on the distance between the owner and the renter. Larger and/or heavier items may incur higher transportation costs.
6.2 Delivery Methods: Shar offers two primary delivery methods for the exchange of items between Owners and Renters: On-Hand Delivery and Pick-Up Delivery. The preferred delivery method is selected by the Owner at the time of listing creation.
On-Hand Delivery:
The On-Hand delivery method involves the Owner personally handing over and later collecting the item directly from the Renter. This method allows for flexible scheduling and eliminates transportation costs for both the Owner and the Renter. Both parties are granted full flexibility to mutually agree upon the details of the meet-up, including the location, date (up to one day before the rental period begins), and time for both the delivery and collection of the item. Upon confirmation of the rental request, the Owner and the Renter will submit their meet-up preferences for the exchange. The Owner and/or the Renter have the option to request a meetup rescheduling up to three hours before the initially agreed-upon meetup time.
Pick-Up Delivery:
The Pick-Up delivery method facilitates the exchange of items through a courier service to designated pick-up points. These locations may include local stores, parcel lockers, or other designated pick-up points. Following the rental confirmation the Owner and the Renter choose their preferred pick-up point to collect/receive back the item, enabling the creation of the shipping label.
From Owner to Renter: The Owner must ship the item to the chosen pick-up point at least five (5) days before the start of the rental period to ensure timely arrival, allowing the Renter to begin using the item when the rental period commences. Failure by the Owner to meet this deadline will result in the automatic cancellation of the rental.
From Renter to Owner: The Renter is required to drop off the item for return shipping to the Owner within forty-eight (48) hours after the rental period terminates (or in a maximum of 24 hours after the necessary evidence files are uploaded) to ensure that the security deposit remains protected. If the Renter fails to return the item within this period, the following penalties will apply:
Within the next 48h-72h after the rental period terminates: 50% of the security deposit will be refunded to the Renter.
Within the next 72h-96h after the rental period terminates: 25% of the security deposit will be refunded to the Renter.
After 96h after the rental period terminates: No portion of the security deposit will be refunded to the Renter.
After 120h after the rental period terminates: A 1-star negative review will be left on the Renter's profile.
Shar does not provide shipping services directly. Instead, Shar partners with DPD for courier pick-up service delivery. Shar may add, suspend, or remove carriers from the list of available choices at any time.
The Owner will choose a shipping option during the checkout process, and the Renter must use the shipping option chosen by the Owner. otherwise, the Transaction will be canceled.
Integrated Shipping (Prepaid Labels): For the Integrated Shipping option (prepaid labels), the Owner must use the automatically generated prepaid shipping label to send the Item; otherwise, the Transaction will be canceled.
If the Item is lost or damaged during shipping by DPD, Shar will not be responsible for such losses or damages. In the event of a dispute regarding the loss or damage of an Item during shipping, the information provided by the carrier will be considered accurate unless and until evidence to the contrary is provided to Shar in a timely manner.
6.3 Agreement Between the Renter and the Owner: Both the Renter and the Owner acknowledge that the completion of the checkout process by the Renter creates a legally binding agreement between the Renter and the Owner, based on (i) the description and photographs of the Item, (ii) the terms agreed upon between the Renter and the Owner, and (iii) the relevant conditions included in these Terms. The Renter agrees to pay for the rented Item, and the Owner agrees to transfer possession of the Item.
6.4 Transactions Outside of Shar's Renting Feature: Rentals made without using the 'Confirm & Pay' feature are conducted solely at the User's own risk. To the extent permitted by law, Shar is not liable for, and disclaims any responsibility arising from or related to, rentals conducted outside the platform. For your safety and the security of transactions, we strongly encourage you to complete all transactions using the 'Confirm & Pay' button and to avoid conducting transactions outside of the Shar platform.
6.5 Shipment Tracking System: Shar provides an online tracking system that solely reflects the tracking information provided by the shipping carrier handling the order. Therefore, to the extent permitted by applicable law, Shar disclaims any liability if the integrated carrier provides inaccurate, incomplete, or outdated tracking information.
6.6 Owner and Renters Protection Services:
6.6.1 Owner/Renters protection fee - Ensuring the protection of all our users' community is one of Shar's main priorities. For that reason, Owners and Renters are covered by Shar's Owner and Renter Protections at any time, whenever simply navigating and/or completing a transaction within the platform.
Shar's Owner and Renter Protections are mandatory for any transaction. It ensures all users' data is fully secure and protected, secure payments, grants Owners the right to request a refund, and provides all users the access to Shar's customer support, at any time:
Data Security: Your personal information is fully secure and protected.
Secure Payments: Payments are encrypted and processed through our reliable payment partner Stripe'ensuring that funds are transferred securely and dependably.
Refund Requests: Owners have the right to request refunds if necessary. When a new listing is created, the Owner inserts an amount for the security deposit required. A security deposit is a refundable amount paid upfront by the renter to cover potential damages or issues with the item. The deposit is extracted from the renter's account and held until the item is returned. If the item is in good condition, the deposit will be fully refunded. If there are damages or issues, the deposit may be used to cover those costs and sent to you. The security deposit is intended to cover potential risks such as items not being returned, arriving damaged, or being different from the condition in which they were initially sent. See Section 22.1.2 for Refund Eligibility.
Customer Support: Access to Shar's customer support team is available 24/7. We are committed to resolving any issues you may encounter.
6.7 Rental Security Verifications Procedures: To ensure the maximum security for both owners and renters, Shar requires specific verification procedures to be followed for all the rented items. Both parties must photograph and film the item (depending on the item category) at designated times during the rental process:
Owner: Before sending the item, the Owner must photograph and film the item within 24 hours prior to shipping. Upon the return of the item, the Owner must again document the item's condition through photographs and videos within 24 hours of receiving the item. For hand deliveries, if the Owner has not uploaded the necessary proof files when there is 1 hour left until the agreed meeting time, the rental will be automatically canceled. If the verification files have not been uploaded and there is only 1 hour remaining before the meeting, the necessary QR code for confirming the meeting will still be generated, and the Renter may proceed with the return of the item. However, if the Owner reports an issue with the item, the security deposit may be fully transferred to the Owner.
Renter: Upon receiving the item, the Renter must document its condition through photographs and videos within 24 hours of receiving the item. Before returning the item, the Renter must photograph and film the item within 24 hours prior to shipping. For hand deliveries, if the verification files have not been uploaded and there is only 1 hour remaining before the meeting, the necessary QR code for confirming the meeting will still be generated, allowing the Renter to proceed with the return of the item. However, if the Owner reports an issue with the item, the security deposit may be fully transferred to the Owner. For shipments via carrier, if the item is not sent within 24 hours after the verification files have been sent, the Owner has the option to resend the files and ship the item by the final allowed deadline, which is 5 days before the rental start date.
Importance in Dispute Resolution: These security verifications are essential in the event of a dispute between parties. They provide crucial evidence for Shar's Resolution Team to assess the condition of the item at various stages of the rental process. This documentation helps ensure fair and informed decision-making when resolving disputes and determining the appropriate course of action.
Please ensure that all photographs and videos are clear and accurately represent the condition of the item to facilitate an efficient resolution process.
6.8 Confirmation of Item Exchange for On-Hand Deliveries: On the scheduled meetup date, when the Owner and Renter are exchanging the item, the Renter is required to scan the QR code displayed on the Owner's phone to confirm that the exchange has been correctly completed. This step is mandatory and serves as the sole confirmation of a successful exchange.
Please note that the QR code will expire one (1) hour after the agreed meetup time. If the QR code is not scanned within this period, the rental will be automatically canceled. Should the item be exchanged without the QR code being properly scanned, Shar will not assume any responsibility for the remaining process, including any discrepancies or issues that may arise afterward.
6.9 Payment
6.9.1 Secure Payments through the Integrated Payment System: Shar has partnered with a Payment Service Provider to process payments made using the Integrated Payment Service and to store information related to credit cards, debit cards, and other payment methods available on the Site. To use the Integrated Payment Services, users will enter into a contract directly with the Payment Service Provider and agree to their Terms and Conditions. Users will be required to confirm their acceptance of these terms during the setup of their account.
Payments for the Total Price can be made via credit card, debit card, or any other payment method available on the Site. If a credit card, debit card, or other payment method provided by a user is suspected to belong to a third party, the user may be required to provide additional proof that the payment method belongs to them (this also applies to payments for Additional Services).
The Total Price is held in an escrow account managed by the Payment Service Provider. Once a Transaction is initiated, the Payment Service Provider receives the funds from the Renter on behalf of the Owner and holds these funds in escrow until they are disbursed. Shar supports its users in utilizing the services provided by the Payment Service Provider and offers direct assistance for such services; however, to avoid any confusion, Shar does not handle payment processing services directly. Users are solely responsible for providing accurate information related to credit cards, debit cards, and other payment methods offered on the App, and Shar disclaims any liability for information provided by users, to the extent permitted by applicable law.
6.9.2 Accepted Payment methods:
We process payments securely through Stripe, which accepts Visa, Mastercard, American Express, and other major payment methods.
You agree to provide current, complete, and accurate rental and account information for all rentals made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Rentals tax will be added to the price of the rental as deemed required by us. We may change prices at any time. All payments shall be in Euros.
You agree to pay all charges at the prices then in effect for your rentals and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities rented per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
Identity Verification and Fund Withdrawal: To ensure compliance with our payment processing partner, Stripe, and to maintain the security of transactions on Shar, all owners who wish to withdraw funds from their earnings must provide photo verification of a valid government-issued ID. This verification is a one-time process required before any funds can be transferred to your bank account. By submitting your ID for verification, you agree that Shar may share this information with Stripe solely for the purpose of identity verification, as required by their payout policies. Failure to provide accurate and complete information may result in delays or restrictions on your ability to withdraw funds.
6.9.3 Completion of the Transaction: The Total Price paid by the Renter will be held in escrow by the Payment Service Provider until the Transaction is completed. A Transaction is considered complete under the following conditions:
(i) When the Owner indicates “Everything is Okay” during the Dispute Resolution Period; or
(ii) Automatically after the expiration of the Dispute Submission Period, if the Owner does not submit a dispute during the Submission Period; or
(iii) After the resolution of a reported issue during the Dispute Submission Period.
Once the Transaction is complete, the rental price of the Item will be immediately transferred by the Payment Service Provider to the Seller's digital wallet. A user also has the option to transfer the funds available in their digital wallet to their personal bank account via the Payment Service Provider. Please note that a transfer fee may apply.
6.9.4 Fund Transfers from an E-Wallet: Users can transfer funds from their e-wallet to their bank account, with the transfer being handled by the Payment Service Provider. To activate this option, the user must first go to their account settings and add their bank account number, full name, and billing address. Funds can only be withdrawn to a bank account in euros, opened at a bank in the European Union/European Economic Area. Transfers to bank accounts in other currencies and/or outside the European Union/European Economic Area are not possible.
6.10 Cancellation Policy:
Pick-Up Delivery
Owner Cancellation Policy:
Before Renter Confirms the Rental: If the cancellation is processed before the renter confirms the rental, meaning before payment is completed, there will be no penalty or consequences for the Owner.
After Renter Confirms the Rental: If the cancellation is processed after the Renter has confirmed the rental and completed the payment, you will receive an automatic negative review of 2 stars. If the rental is canceled after the shipping label has been downloaded by the Owner, an additional penalty will apply, and the Owner will receive an automatic negative 1-star review.
Renter Cancellation Policy:
Before Shipping Label has been Created & Downloaded: If the shipping label has not yet been created neither downloaded by the Owner, there will be no charges, and Renter's payment will be fully refunded.
After Shipping Label has been Created & Downloaded: If the shipping label has already been created and downloaded by the Owner, the request cannot be canceled.
Note: Any charges applied for cancellations exclude the security deposit, which will never be charged or forfeited due to cancellations.
On-Hand Delivery
Owner Cancellation Policy:
Before Renter Confirms the Rental: If the cancellation is processed before the Renter confirms the rental, meaning before payment is completed, there will be no penalty or consequences for the Owner.
After Renter Confirms the Rental: If the cancellation is processed after the Renter has confirmed the rental and completed the payment, the Owner will receive an automatic negative review of 2 stars. If the rental is canceled 48 hours or less from the agreed rental start time, an additional penalty will apply, and the Owner will receive an automatic negative 1-star review.
Renter Cancellation Policy:
At Least 72 Hours Before the Meeting Date: If the cancellation is processed at least 72 hours before the agreed meeting date and time, there will be no charges, and Renter's payment will be fully refunded.
48 to 72 Hours Before the Meeting Date: If the cancellation is processed 48 to 72 hours before the agreed meeting date and time, Renter's will be refunded 50% of the rental price (service fee excluded).
24 to 48 Hours Before the Meeting Date: If the cancellation is processed 24 to 48 hours before the agreed meeting date and time, Renter will be refunded 50% of the rental price (service fee excluded).
24 Hours or Less Before the Meeting Date: If the cancellation is processed 24 hours or less before the agreed meeting date and time, Renter will not be refunded, and a negative review will be automatically posted to Renter's personal profile.
Note: Any charges applied for cancellations exclude the security deposit, which will never be charged or forfeited due to cancellations.
Service Fee on Cancellations - In the event of a cancellation where the service fee is not refunded to the renter, the fee will be retained by Shar as part of the platform's operational costs.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
Sell or otherwise transfer your profile.
Use the Services to advertise or offer to sell goods and services.
List of Prohibited Items on Shar:
1. Illegal, Dangerous, or Obscene Items:
weapons, ammunition, explosives, fireworks, or other dangerous items;
flammable, toxic, or radioactive substances and waste
pressurized containers (containing gases, liquids, etc.)
hospital waste
drugs, narcotics, or other psychotropic substances
illegally obtained goods
goods that do not comply with international conventions or the laws of the destination country, whether during transport to/from or in the location in question
goods that require a license or special permits
goods with offensive or obscene inscriptions or images (including pornographic material)
2. Valuable or Controlled Goods:
securities/stocks, letterhead paper, or other valuable items
products that require specific state-issued documents and transport permits
lottery tickets
receipts or subscription certificates
goods requiring a declaration of value
national ID cards or other types of identification documents
money or bank cards
electronic cigarettes
tobacco-related products or alcoholic beverages
ive or dead animals or plants
human remains or body parts
3. Items Requiring Special Handling:
perishable goods or infectious substances
metals or stones
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
his licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre- screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
10. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your eviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
11. MOBILE APPLICATION LICENSE
Use Licence
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the
App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an 'App Distributor') to access the Services: (1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application licence contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the rental price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a 'terrorist supporting' country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against you as a third-party beneficiary thereof.
12. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a 'Third-Party Account') by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the 'Social Network Content') so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the App) links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any rentals you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such rentals which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your rental of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
14. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
15. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
16. COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a 'Notification'). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
17. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Users may request to delete their accounts only if they have no active or confirmed rentals and have withdrawn any remaining balance from their wallet. Account deletion will not be permitted until these conditions are met to ensure all transactions and obligations are properly resolved.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
19. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of Portugal, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. SHARTT, LDA and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Lisbon, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Portugal, or in the EU country in which you reside.
20. DISPUTE RESOLUTION
20.1 Dispute Resolution within uploaded verification files: In the event of a discrepancy between the uploaded verification files from both parties, Shar's resolution team will evaluate the specific situation and determine the appropriate course of action. This includes, but is not limited to, the following scenarios:
Pre-Rental Discrepancy: The owner provides evidence that the item was in good condition before sending it, but the renter's evidence shows it was damaged upon receipt.
Post-Rental Discrepancy: The renter provides evidence that the item was already damaged upon receipt, while the owner claims that the renter caused the damage during the rental period.
Damage During Rental Period: The renter provides evidence that the item was returned in good condition, but the owner's evidence shows that the item was damaged when they received it back.
Item Not Returned: The owner claims that the item was not returned or was returned with missing parts, but the renter provides evidence showing the item was returned in full and as agreed.
Condition of Item upon Return: The renter provides evidence that the item was returned in the same condition as it was received, while the owner's evidence suggests that the item was returned in a damaged or significantly altered state.
Discrepancy in Condition Reporting: The owner claims that the item was returned with excessive wear and tear beyond normal usage, but the renter provides evidence suggesting the wear and tear was present at the time of receipt.
Reporting Issues: In the event of any issues or discrepancies, both the owner and the renter must report the problem within 24 hours of receiving the item. Reports can be submitted by clicking the 'Support Chat' button displayed on the request details page. Timely reporting ensures that Shar's Resolution Team can promptly address and resolve the matter. Failure to report within the specified timeframe may result in a forfeiture of the right to seek a resolution.
The resolution team will thoroughly review all evidence provided by both parties to ensure a fair decision. The decision made by Shar's resolution team will be final and binding on both parties, determining which party is responsible for any damages or issues with the item.
By using Shar's platform, both owners and renters agree to comply with these verification procedures and accept the resolution team's final decision in the event of a dispute.
If neither the Owner nor the Renter take any action within 24 hours of receiving the item the standard rental stages will continue to apply.
20.2 Refund Eligibility: When creating a listing on Shar, the Owner selects a security deposit amount deemed appropriate to cover potential risks associated with renting out the item. The security deposit is a refundable amount paid upfront by the Renter to cover potential damages or issues with the item. This deposit is deducted from the Renter's account and held by Shar until the item is returned.
Refund Process: If the item is returned in good condition, and upon Owner's confirmation, the security deposit will be fully refunded to the Renter. The security deposit paid by the renter will be refunded only after the completion and processing of the rental, and once the item has been returned to the owner in the same condition as it was delivered. The refund will be processed within an estimated timeframe of 5 to 7 business days, although processing times may vary depending on bank or payment provider procedures. If there are damages or issues with the item, the deposit may be used to cover these costs and paid to the Owner.
Reporting Issues: Upon collecting the item back, if the Owner believes that the item is significantly different from its initial condition, the Owner must report the issue to Shar's Support Team within twenty-four (24) hours of receiving the item. When reporting an occurrence and claiming the security deposit, the Owner will be required to provide material evidence related to the reported issue. This may include photographs, videos, or other relevant documentation. Shar's Resolutions Team will thoroughly review all evidence provided to ensure a fair decision. While most cases are resolved within forty-eight (48) hours of the issue being reported, complex cases may take up to one (1) week for a fair decision and notification to both the Owner and the Renter.
Note: If the Owner does not report the issue within the twenty-four (24) hour period, the right to claim the security deposit will be forfeited, and the Owner will not be eligible to receive any compensation from the security deposit.Approval and Payment: If the claim is approved, the security deposit or the appropriate amount, as determined by the Resolutions Team, will be transferred directly to the bank account that the Owner has provided on the platform.
Confirmation of Good Condition: If the Owner confirms that the item is in good condition and no issues are reported, the security deposit will be fully refunded to the Renter.
Eligibility for Security Deposit: Owners may be eligible to receive the security deposit in situations including, but not limited to, the following:
The item was not returned.
The item was significantly damaged.
The Renter did not return parts of the item or components of a rental package.
Possible exclusions from Security Deposit Refund:
Late Returns: You may not be covered for late returns. Late returns will be carefully analyzed by Shar's Resolutions Team, which will decide on the appropriate course of action.
Wear and Tear: Minor superficial or cosmetic damage that does not affect the functionality of the item, such as small dents, scratches, or other similar wear and tear, is not covered by the security deposit or refund process.
20.3 Return Condition and Security Deposit: If the rented item is, between others, returned in a condition significantly different from its initial state or is not returned at all, the maximum compensation the Owner may receive will be limited to the amount of the Renter's security deposit. Under no circumstances shall the Owner be entitled to claim an amount exceeding the security deposit provided by the Renter.
20.4 Resolution of In-Person Delivery Disputes: In the event that neither the Owner nor the Renter appears at the designated location, date, and time for an in-person delivery, and both parties assert that the other was responsible for the no-show, the matter shall be resolved exclusively by Shar's Resolution Team. Shar's Resolution Team will undertake a review of the circumstances and determine an appropriate resolution.
If both the Owner and the Renter fail to appear for the initial meetup, where the Owner is supposed to hand over the item to the Renter, the rental will be automatically canceled, and the Renter will be refunded the full rental amount (excluding the service fee). Both parties will also receive an automatic 1-star review.
If both parties fail to attend the second meetup, where the Renter is expected to return the item to the Owner, a penalty will be applied to the Owner if there have been two or more no-shows (as outlined below). In this case, the Owner will still receive the full rental price (excluding service fee), and the Renter must send the item using the courier shipping label provided on the request details page within 5 days to the designated address. The transportation costs will be deducted from the Renter's security deposit. Failure to send the item within the specified time will result in the forfeiture of the entire security deposit. Additionally, both parties will receive an automatic 1-star review.
If the Renter fails to appear for the initial meetup, where the Owner is supposed to hand over the item, the rental will be automatically canceled, the Renter will be refunded the full rental amount (excluding the service fee), and an automatic 1-star review will be applied to the Renter.
However, if the Renter fails to attend the second meetup, where they are supposed to return the item to the Owner, the security deposit will be fully transferred to the Owner as compensation.
If the Owner fails to appear for the initial meetup, where the Owner is supposed to hand over the item, the rental will be automatically canceled, and the Renter will be refunded the full rental amount (excluding the applied service fee). An automatic negative review (1 star) will be applied to the Owner. If the owner fails to appear for the second meetup, where the Renter is expected to return the item to the Owner, the Owner will still receive the full rental price (excluding service fee), and the Renter must send the item using the courier shipping label provided on the request details page within 5 days to the designated address within 5 days to the designated address. Failure to send the item within the specified time will result in the forfeiture of the entire security deposit, that will be sent to the owner, as compensation. The transportation costs will be covered by the Owner and deducted from their total rental revenue.
In the event of two or more no-shows by the Owner, the service fee percentage applied to the immediately subsequent rental will be increased from the initial service fee (10%). Thus, after the second absence, the service fee applied to the next rental will be 30%, regardless of the selected delivery method, whether hand delivery or pick-up. If the Owner fails to appear again for the subsequent rental, the service fee percentage will be 45%, and will continue to increase successively. However, once the Owner successfully completes a rental, the service fee applied to the next rental will be reset to the standard service fee.
Failure to Appear Reporting:
Reports related to the failure of either party to appear must be submitted within two (2) hours after the meetup expiration. The meetup automatically expires one (1) hour after the agreed time between the parties. If no report is made within this timeframe, Shar will assume that neither party appeared, the rental will be automatically canceled, and the Renter will be refunded the full rental amount (excluding the applied service fee). Additionally, an automatic negative review (1 star) will be applied to both parties.
20.5 Owner No-Show at Item Collection: In the event that the Owner does not appear at the designated location, date, and time for in-person collection of the item from the Renter, the Renter is required to report the situation immediately via Shar's support chat. Upon notification, Shar's Resolution Team will provide the Renter with a designated pick-up point to which the item should be sent. The Owner shall be responsible for covering all transportation costs associated with sending the item to the designated pick-up point.
20.6 Renter's Right to Request a Return: A renter may request to return an item only under the following specific condition:
Item Condition Discrepancy: The renter may request a return if the item arrives in a condition that is completely different from what was described in the owner's announcement. Items listed on Shar must conform to the descriptions and photographs provided by the Owner at the time of listing. If the item received by the Renter does not match the description and photographs provided by the Owner, it will be considered 'Significantly Different from Described.' This includes discrepancies such as incorrect sizes, wrong colors, counterfeit items, significant damage (e.g., stains, odors, holes), incorrect condition, or missing items from packages. However, an item will not be considered 'Significantly Different from Described' if it does not fit properly (provided the size was accurately indicated in the listing) or if there are minor and insignificant differences between the received item and the description/photographs that do not affect its expected use or appearance.
If the Renter believes that the item received is 'Significantly Different from Described,' they must report the issue to Shar within the designated Dispute Submission Period and follow the outlined dispute resolution process.
Only returns for items delivered through the pick-up delivery method will be accepted.
For on-hand deliveries, Renters are required to verify at the time of exchange that all goods are in the same or similar condition as described in the listing. We kindly ask that you carefully test the items before confirming the exchange on the Shar application. If you find that the item is significantly different from described, [please do not complete the exchange confirmation step by scanning the QR code displayed on the Owner's phone. Failure to report such discrepancies before confirming will result in Shar not being responsible for any issues discovered afterward, and no returns will be accepted.
To initiate a return request, the renter must report the issue to Shar Resolutions Team under the “Support Chat” feature. Renter will be asked to provide clear evidence of the item's condition upon receipt. This evidence must include photographs and videos that clearly demonstrate that the item's condition is significantly different from the condition described in the owner's listing. The renter must submit this request within 24 hours of receiving the item.
In such cases, where there is a dispute over the item's condition:
The renter claims the item is damaged and in a different condition from what was promised, but the owner asserts that the item was in perfect condition when it was sent.
Shar's resolution team will carefully review all evidence provided by both parties to evaluate the situation and determine the appropriate course of action, including whether the renter's request to return the item will be accepted.
Acceptance of Return: If Shar's resolution team determines that the renter's claim is valid and the item was indeed received in a significantly different condition from described, Shar will authorize the return of the item.
In such cases, the renter will be fully refunded.
The Renter is the one responsible for covering the cost of returning the item. The Renter must download and use the new shipping label automatically generated for the return. The Renter has a maximum of forty-eight (48) hours from the moment the return is accepted by the Resolution Team to return the item.
If a renter successfully returns an item and receives a refund, the owner will automatically receive a 1-star review.
If these periods are not fulfilled, the Renter forfeits the right to return the item, and the initial rental conditions will continue to apply.
Denial of Return: If Shar's resolution team determines that the item was sent in good condition or that the discrepancy is not as significant as claimed, the return request will be denied. The rental period must then be completed as initially agreed, and all the initial rental conditions will continue to apply.
By using Shar's platform, both owners and renters acknowledge and accept these terms regarding return conditions.
20.7 Delivery and Rental Period: Owners listing their items on Shar have the option to choose their preferred delivery method, either through on-hand delivery (in person) or by sending the item to a specified pick-up point via a courier service (DPD).
In the event that an item sent via a courier pick-up point arrives to the renter either earlier or later than the defined rental period, the following conditions apply:
Effective Rental Period: The official rental period, as defined and agreed upon at the time of booking, remains unchanged regardless of the actual arrival time of the item.
Rental Price: The total rental price agreed upon at the time of booking remains the same, irrespective of any additional days the item is in the renter's possession due to early delivery, or any days lost due to delayed delivery. Renters will not be charged for any extra days before the official rental period starts, nor will they be refunded for any days lost due to late delivery.
Responsibility for Delivery Time: As the item delivery is managed by a third-party courier service, Shar cannot take responsibility for the exact delivery time and any additional days the item is in transit, whether it arrives earlier or later than expected. To ensure timely delivery, Shar requires owners to send the item at least 5 days before the rental period starts and no more than 9 days prior to the rental period.
Renter's Obligations: Renters are expected to adhere to the agreed rental period. Early possession of the item does not grant the right to use it before the official rental period starts, and renters should accommodate for potential delays.
By using Shar's platform, both owners and renters acknowledge and accept these terms regarding delivery and rental periods.
20.8 Access to Shar's Support Chat: In the event that either the Owner or the Renter needs to report an occurrence, such as issues, discrepancies, or any other problems related to the rental, they will have access to Shar's Support Chat. The Support Chat is available to assist both parties in reporting the issue and guiding them through the resolution process. Shar's Support Team will provide the necessary assistance for further review and action.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Lisbon, Portugal. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Portugal.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
21. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
22. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE RENTAL OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
25. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
27. SMS TEXT MESSAGING
Opting Out
Users can log onto their account and unsubscribe from text messages.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at support@shar-app.com.
28. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
Notification of Changes to Terms of Service - In the event of any changes to these Terms of Service, Shar is obligated to notify users. Notifications may be provided via email or through the platform, and users will be encouraged to review the updated Terms. Continued use of the service after such changes constitutes acceptance of the new Terms of Service.
29. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
SHARTT, LDA
Portugal
support@shar-app.com