Terms of use

Terms and Conditions

Please read these Terms and Conditions carefully as they constitute a legally binding agreement between you as a user and Stöff og stúss ehf. (Stöff/we/our/us). These Terms and Conditions govern your use and access of our website https://www.stoff.is, including apps, mobile platforms and/or other digital services we offer.

Your consent at registration and continued use of Stöff constitutes your acceptance of and agreement to all of our Terms and Conditions, Privacy and Cookie policy. We may amend these Terms and Conditions as well as our Privacy and Cookie Policy on our sole discretion. Your continued use of Stöff means that you agree to the latest version each time.

If any future changes to these Terms and Conditions are unacceptable to you or you no longer wish to be in compliance with them, you must deactivate your account and immediately stop using Stöff.

1. Welcome to Stöff

1.1 Stöff operates a platform that allows:

a. Owners to advertise their stuff for rent.

b. Renters and Owners to communicate with each other and enter into agreements to rent stuff.

c. Parties to resolve disputes concerning the rented stuff.

d. Guarantees your stuff according to the Owner Item Guarantee during rentals?

1.2 Stöffs’ service is provided by Stöff og stúss ehf.

2. Definitions

2.1 “Stuff“ shall mean one or more items that an Owner makes available to Renters on the “Rental Stuff” section on our website.

2.2 “Owner“ shall mean a user owning or having Stuff at its disposal available for rent on stoff.is.

2.3 “Renter” shall mean a user who rents Stuff, pursuant to a Rental Contract, through stoff.is.

4. Important warnings

4.1 Stöff only provides a platform that enables users to rent items, but does not rent items itself. We also do not regularly monitor the quality of the items made available for rent through our platform.

4.2 As such, the Owner (and not us) is responsible for ensuring that items conform to any descriptions provided, are fit for purpose and safe to use. If you are a Renter, we will not be responsible to you for any items that you rent through Stöff.

4.3 If you are an Owner, you will also be responsible for complying with any obligations you may have under applicable law with respect to the items that you provide for rent, including giving effect to Renters' rights under applicable consumer law and compensating any damage to the renter or any other person caused by your items.

4.4 If you are a Renter, you will be responsible for any items you rent through Stöff, including compensating the Owner for any loss or damage to those items. In case of a claim made by an owner according to our Owner Item Guarantee is accepted, you will be responsible towards Stöff for all payments made to the Owner. You will also be responsible for any damage you cause to other people or property when you use those items.

5. Your relationship with us

5.1 This document and any documents referred to within it (collectively, the "Terms and conditions") set out the terms of your relationship with us. It is important that you read and understand these Terms and Conditions before using Stöff.

5.2 Additional terms will apply depending on whether you are an Owner or a Renter. Please refer to paragraph 10 if you are an Owner, paragraph 11 if you are a Renter.

5.3 By accessing and using Stöff, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not access or use Stöff.

6. Information about us

6.1 Stöff og stúss ehf. is a company registered in Iceland, with its registered address at Laugavegur 134, 101 Reykjavík, Iceland, phone number 8687559.

7. Your information

7.1 Our users' privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share information about you.

8. Our service

8.1 Stöff allows users to advertise items for rent, and to communicate and enter into agreements with other users of those items.

8.2 You must be 16 years or older and capable in your country of residence of entering into a legally binding agreement to use our services‘. If you are below the age of 18 we may require a parent or guardian to enter into the agreement on your behalf. In this instance, we will hold a legally binding agreement with the parent or guardian.

8.3 Stöff only allows communication and the sharing of information between users on our platform.

8.4 All written communication must be made through contact info or messaging services we offer on our platform. All rental payments must be processed through our platform. Any Renter who contacted you through Stöff for the first time must rent from you through our platform. In the case of a breach of these Terms and conditions we reserve the right to block you, restrict access or permanently remove your account.

8.5 Users agree not to enter into a rental transaction with respect to the Stuff outside of our platform. In the event users communicate or complete a rental transaction outside our platform, or when there is a suspicion of such conduct, we reserve the right to deny claims to our Owners Item Guarantee, block users, restrict access or permanently remove their account. In case of an off-platform transaction Stöff is not liable for any kind of damages or loss.

9. Your right to use our service

9.1 The materials and content comprising Stöff belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using our service in accordance with these Terms and Conditions.

9.2 Your right to use our service is personal to you and you are not allowed to give this right to any other person. Your right to use our service does not stop us from giving other people the right to use our service as well.

9.3 Unless allowed by these Terms and Conditions or as permitted by the functionality of our service, you agree:

(a) not to copy, or attempt to copy the our app, website or any other portion of Stöff;

(b) not to give or sell or otherwise make available our app, website or any other portion of our service to anybody else;

(d) not to look for or access the code of our app or any other portion of our service that we have not expressly published publicly for general use.

9.4 You agree that all confidential information, copyright and other intellectual property rights in our app, website and any other portion of our service belong to us or the people who have licenced those rights to us.

9.5 You agree that you have no rights in or to our app, website or any other portion of our service other than the right to use and access them in accordance with these Terms and Conditions.

10. Obligations of the Owner

10.1 Owners can’t rent flats, houses, apartments or vehicles/motorcycles. Owners are not allowed to rental list any firearms, weapons, pornography, mature content, animals or any items that it would be illegal to offer for hire in your or the Renter’s country of residence. We may remove any items offered for rent on our platform if we believe such items are illegal, immoral or damaging to our reputation.

10.2 The Owner is responsible for ensuring that:

(a) he has all necessary rights to rent out any items he advertises on Stöff, and that the renter's use of those items will not infringe any other party's rights;

(b) he delivers any hired items to the Renter in accordance with the agreement he reaches with the Renter;

(c) any descriptions of the items he advertises for rent through Stöff are accurate and include all information relevant to the use of the item, including (as appropriate): (i) notice of any defects, restrictions or other requirements that may apply to the use of the item; and (ii) any instructions or notices that may reasonably be required to use the item safely;

(d) the items the Owner advertises on Stöff: (i) conform in all material respects to any pictures or descriptions that he uploads to our platform; (ii) are safe to use in accordance with any reasonable instructions that he provides to the renter; (iii) are fit for any purpose for which such items would normally be used, or any purpose communicated to him by the renter; (iv) can be legally offered for rent.

(e) any rental item is only handed over to the renter after the transaction(s) are approved by our verification process. The Owner must only handover the item to the person verified by Stöff, no third parties.

10.3 The Owner is responsible for any damage the Renter or any other person may suffer as a result of any defect in the item they have rented from you, or for any failure to comply with the requirements in paragraph 10.1.

10.4 When the Owner posts items for rent on Stöff, he must ensure that the rental fee that‘s advertised on his listing is the total price payable for renting the item, including any applicable taxes or costs of delivery.

10.5 Once an Owner agrees the terms on which he‘ll rent an item to a renter, he must not try to change those terms (including the price) unless he has valid, justifiable reasons for doing so and the Renter agrees to those changes.

10.6 The Owner can remove a listing or cancel his agreement to rent an item to a renter at any time up to 48 hours before the start of the relevant renting period. If an owner cancels an agreement to rent an item less than 48 hours before the start of the renting period, we may charge the owner a cancellation fee equal to 30% of the relevant rental fee by deducting the amount from the next payout from Stöff.

10.7 Renters have the right to cancel a Rental due to any defect or limitation on the functionality of the Stuff that is not listed on our platform.

11 Obligations of the Renter

11.1 When a Renter agrees to rent an item from an Owner, the Owner grants you a limited right to use that item for the renting period. This right is personal to you and you are not allowed to sublet the item or give this right to another person by any other way.

11.2 The renter is responsible for ensuring that:

(a) he is legally allowed to use any item that he rents through our service;

(b) he complies with all applicable law when using the rented item;

(d) he returns the item in the same condition as it was in when he collected it from the Owner (any reasonable wear and tear excepted).

11.3 The Renter is free to agree with the Owner how he will return any items he has rented from the Owner. The Renter must return any items he has rented before the rent period ends.

11.4 The renter is responsible for any loss of or damage to the item he has rented. Please see paragraph 15 for more information about how we handle disputes between Renters and Owners, including any if the item is damaged, lost or stolen.

11.5 The Renter can cancel a request to rent an item at any time before the request is accepted by the Owner, or at any time up to 48 hours after the request is submitted, known as the ‘cooling off period’. There is no cooling off period if the request is within 48 hours of the start date. If you cancel before the request has been accepted, or within the cooling off period you will receive a full refund. If you cancel after the request has been accepted or within 48 hours of the start of the rental period you will receive 80% of the rental payment back.

11.6 If the Renter fails to return an item by the agreed deadline he must contact the Owner and or Stöff to notify them as soon as he is aware that he will miss the deadline. The Renter will also need to book and pay for the extended time immediately. The Owner may not be able to accommodate the extension in which case it is the renters responsibility to get the item(s) back to the Owner within a timeframe that suits the Owner. If the Renter does not do so he will be liable to pay late fees, which will be the rental fee for the period the item was late (“Late Fees”). The renter agrees that Stöff can charge this amount from your card or bank account without further permission.

11.7 If the Renter misses the agreed deadline for return and he is uncommunicative with the Owner or Stöff, or we have reason to believe the Renter has caused damage to the item, the Renter agrees that Stöff can take a holding deposit from his account up to the full value of the items he has rented (“Holding Deposit”). This deposit will be fully refundable, less any fees owed to Stöff or the Owner, once the items are returned, replaced or repaired. Otherwise the deposit will not be refunded.

12 Fees and payment

12.1 Stöff will collect the rental fee from the renter on the Owners behalf. Unless Stöff is unable to obtain payment from the Renter, such as where Stöffs‘ payment services provider determines that there is a risk of fraud, Stöff will transfer the rental fee to the owner within 14 business days of the end date of the rental. Stöff charges a fee of 20% of the rental fee ("service fee"), which will be deducted from the amount that is transferred to the owner. Stöff charges a fee of 5% of the rental fee (“service fee”) from the Renter at the time of payment.

12.2 When an account is created, Owners will need to provide valid bank account information so that Stöff can transfer money after a rental has taken place. Renters will need to provide Stöff with valid, up-to-date and complete credit or debit card details at the time of a rental request. When Owner has agreed to rent an item to renter, the renter authorizes Stöff to charge his credit or debit card for the relevant rental fee. The debit or credit card details will be stored with Stöff until the rental period has finished and Stöff can be sure that the stuff rented was returned at the right time and in the same condition as it was rented in. Users are responsible for their payment details and under these Terms of conditions they confirm that the details they provide are accurate and that they have the right to use the payment method selected.

12.3 If Stöff is unsuccessful in charging the rental fee, late fee or any other fees under these terms from a users credit or debit card, and a payment has still not been received within 7 days after stöff has informed the user, Stöff may suspend or temporarily disable all or part of the users access to Stöffs‘ services, and is under no obligation to provide any of the service while the amount is still unpaid. This does not affect any other rights and remedies available to Stöff or users. If a user withdraws a payment he was obliged to pay by the terms of this agreement, his account will be immediately suspended until the payment is re-paid, or the withdrawal is cancelled.

13 Users content

13.1 Users confirm that any images, text or information that they upload to the Stöff service, including any reviews that they post about other users or items (collectively, your "User Content") will meet the Rules of Acceptable Use.

13.2 Stöff has the right to monitor any user content and to reject, refuse or delete any user content that breaks the Rules of Acceptable Use.

14 Rules of Acceptable Use

14.1 In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to users’ use of Stöffs‘ service (the "Rules of Acceptable Use").

14.2 When using the Stöff service a user must not:

(a) circumvent, disable or otherwise interfere with any security related features of the service;

(b) give any false or misleading information, impersonate any person or permit any other person to use the service under their name or on their behalf unless such person is authorized by you;

(d) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes theft, loss, damage or injury to any person or property;

(e) promote or advertise any goods or services, other than items you, as an Owner, make available for hire through the service;

(f) send any unsolicited marketing communications through the service;

(g) modify, interfere, intercept, disrupt or hack the service;

(h) misuse the service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of the Stöffs‘ service or any user of the service's own equipment;

(i) collect any data from Stöff other than in accordance with these Terms and Conditions;

(j) submit or contribute any user content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;

(k) submit or contribute any user content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;

(l) use any user content in violation of any licensing terms specified by the Owner;

(m) other than leaving reviews about other users or items, submit or contribute any information or commentary about another person without that person's permission;

(n) threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;

(o) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access Stöffs‘ services in a manner that send more request messages to the service than a human can reasonably produce in the same period of time;

(p) enter into any agreement to rent any item other than through the Stöff platform with any other user who the user initially met through the Stöff service. Doing so is “Fee Avoidance” and you will be liable for double the fees avoided, or a 30.000 kr. fine (whichever is more) for each instance of doing so. This amount will be deducted from the next payouts from Stöff until the fine has been paid.

(q) enter into any written communication outside of the Stöff platform about a rental transaction or anything related to it.

14.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions, and may result in our taking all or any of the following actions, with or without notice:

(a) immediate, temporary or permanent withdrawal of the right to use the service;

(b) immediate, temporary or permanent removal of any User Content;

(d) legal action against the user including proceedings for reimbursement of all costs, including, but not limited to, reasonable administrative and legal costs, resulting from the breach;

(e) disclosure of such information to law enforcement authorities as Stöff reasonably feels is necessary.

(f) reject claims to our Owner Item Guarantee made by the Owner.

14.4 The responses described in paragraph 14.3 are not limited, and Stöff may take any other appropriate actions.

15. Resolving disputes between Renters and Owners

15.1 We encourage users to resolve any disputes directly. If, as a Renter, you have lost or damaged an item, you are responsible for reimbursing the Owner immediately for the full value of repairing the item (if possible) or replacing it. If a claim made by the Owner according to the Owner Item Guarantee is accepted you are responsible to pay the full amount to Stöff that is claimed by the Owner.

15.2 If you are an Owner, we may ask you to provide proof of purchase, photos of any damage caused to an item, or any other evidence to support your claim for reimbursement from a Renter. Where you claim that a Renter has damaged an item, we may also ask you to provide photos of your item taken before it was provided to a Renter, to support your claim that any damage was caused by the Renter (and was not present at the start of the hire period).

15.3 In the event that a Renter and an Owner are unable to resolve a dispute between them directly, they can ask us to mediate the dispute. If we do mediate a dispute, we may charge a fee of up to 30% of any amounts that we, the Owner and the Renter determine are payable by the renter to compensate the Owner for any loss or damage to the item. We will charge this amount to the Owner in addition to any amounts the Renter is required to pay to the Owner (together known as the “Settlement Fee”). If Stöff mediates the dispute you agree to accept Stöff’s conclusion and pay any amount which Stöff determines you are liable for.

15.4 If you owe Stöff or another user money through the terms of these Terms and Conditions you agree to pay the sum promptly and not more than 48 hours from it being requested. In the event that you do not pay the owed money within this timeframe, Stöff will debit this amount from your card. In agreeing to these Terms you agree to allow us to do so and waive your right to chargeback this transaction with your bank.

16. Owner item guarantee

16.1 In the event that an Owner is unable to recover the cost of repairing or replacing an item or the estimated value of the item, Stöff may reimburse the owner any such amounts provided the Owner meets the criteria laid out in the "Owner Item Guarantee", which you can read in full here.

16.2 If Stöff agrees to reimburse an Owner under the Owner Item Guarantee, the Owner must inform the renter that any amounts owed to the Owner will now be owed to Stöff.

16.3 Any payments Stöff may pay to the Owner under the Owner Item Guarantee will not affect the Renters obligation to pay for the items that have been lost, stolen or damaged, but this obligation will be owed to Stöff, rather than the Owner.

17. Ending the service

17.1 If at any time a user does not agree to these Terms and Conditions or any changes made to these Terms and Conditions or the Service, the user must immediately stop using Stöff.

17.3 Stöff may immediately end use of the service if a user breaks the Rules of Acceptable Use, any other important rule(s), or terms and conditions Stöff sets for accessing and using the service including these Terms and Conditions.

17.4 Stöff may also withdraw any part of the service at any time and will notify users if Stöff feels it will significantly affect the usage of the service.

17.5 By ending the use of Stöff, or if Stöff withdraws the service as described in this section, Stöff may delete users User Content, any other information that users have uploaded to Stöff or any other information Stöff holds about users. Users will also lose any rights they have to use Stöff or to access Stöff‘s content or their User Content. Users should therefore ensure that they keep a copy of any information or content they use on Stöff, as well as their User Content, as Stöff will not offer compensation for any losses users might suffer if they lose their rights to access and use Stöff or any such information, content or User Content.

17.6 The termination of the use of Stöff and the cancellation of a users Account shall not affect any of the users obligations to pay any sums due to Stöff.

18. Stöff‘s liability/responsibility to users

18.1 Stöff will do its best to ensure that the website and app is of a reasonable standard and quality and matches any descriptions Stöff has provided. The website and/or app and any other portion of Stöff may contain some content owned or developed by third parties. As Stöff does not own or produce such third party content, Stöff cannot be responsible for it in any way.

18.2 In addition, due to the nature of the Internet and technology, Stöff is provided on an "as available" and "as is" basis. This means that Stöff is unable to promise that users use of the service will be uninterrupted, without delays, error-free or meet their expectations and Stöff does not give any commitment relating to the performance or availability of the service in these Terms and Conditions and excludes any commitments that may be implied by law, to the extent Stöff is able to do so.

18.3 In the event of a claim arising out of the provision of the service, Stöff‘s responsibility to users will never be more than the amount users have paid Stöff in the 12 months prior to the claim arising and, in the event that a user has not paid Stöff any money, Stöff shall have no responsibility whatsoever to the user.

18.4 In every case, Stöff will never be responsible for any loss or damage that is not reasonably foreseeable.

18.5 The above does not affect users rights under the applicable law, including Stöff‘s responsibility to users for any personal injury or death caused by Stöff‘s negligence.

19. Changes to Stöff

19.1 Stöff is constantly updating and improving the service to try and find ways to provide users with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and Stöff.

19.2 In order to do this, Stöff may need to update, reset, stop offering and/or supporting a particular part of the service, or feature relating to the service. These changes to the may affect users past activities on the service, features that they use, users User Content and any other information users submit to Stöff.

19.3 Users agree that a key characteristic of Stöff is that changes to the service will take place over time and this is an important basis on which Stöff grants users access to the service. Once Stöff has made changes to any part of the service, a user's continued use of the service will show that the user has accepted any changes to the service. Users are always free to stop using Stöff.

20. Changes to the documents

20.1 Stöff may revise these Terms and Conditions from time to time but the most current version will always be at https://stoff.is/page/skilmalar.

20.2 Changes will usually occur because of new features being added to Stöff, changes in the law or where Stöff needs to clarify its position on something.

20.3 Stöff will try to give users some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens Stöff will not give any notice.

21. Documents that apply to our relationship with you

21.1 The current version of these Terms and Conditions contains the only terms and conditions that apply to Stöffs’ relationship with its users.

21.2 Stöff intends to rely on these Terms and Conditions as setting out the written terms of the agreement with users for the provision of its services. If part of these Terms and Conditions cannot be enforced then the remainder of these Terms and Conditions will still apply.

21.3 If a user does not comply with these Terms and Conditions and Stöff does not take action immediately, this does not mean Stöff has given up any right it has and may still take action in the future.

22. Disputes and applicable Law

22.1 Icelandic law will apply to all disputes and the interpretation of these Terms and Conditions.

22.2 If a user has a dispute with Stöff they shall in first instance contact Stöff at stoff@stoff.is and attempt to resolve the dispute with Stöff.

22.3 In the unlikely event that a dispute cannot be resolved, all disputes and claims that may arise under these Terms and conditions shall be exclusively brought before the District Court in Reykjavík.

23. Contact, feedback and complaints

23.1 Any contact with Stöff in relation to these Terms and Conditions or any other document mentioned in them shall be sent to stoff@stoff.is.

23.2 Stöff values hearing from its users, and is always interested in learning about ways it can improve their service. By providing feedback users agree that they are giving up any rights they have in their feedback so that Stöff may use and allow others to use it without any restriction and without any payment to the user.