Art. 1) PREAMBULE
These general conditions apply to all orders placed on the website www.rentfashionbag.com and they are between : MD 2 SRL registered with the Trade and Companies of Macerata under number MC01810730430 – Iscrizione REA di Macerata n.183542 and having its legal office in via Bellini 24 - 62015 M.S.Giusto (MC) and its working office in via Mascagni 2 – 62015 M.S.Giusto (MC) – VAT n. IT01810730430, which operates through its website www.rentfashionbag.com offering a service rental and sale of handbags and, any person, hereinafter called "the Customer", wishing to benefit from services offered by MD 2 SRL on the website mentioned above. Can benefit from the services offered by the site www.rentfashionbag.com : any person over 18 years old; whose usual home is located on the territory of Italy; having an account with a credit institution located on the territories, a credit card and an e-mail address. These general conditions of sale have been updated on September 30, 2013.
Art. 2) OBJECT
These terms are intended to define the modalities for the implementation of all services provided by MD 2 SRL via his website www.rentfashionbag.com.
Art.3) INFORMATION ON THIS CONTRACT
Any person who subscribes or places an order on the website www.rentfashionbag.com, adheres fully and unreservedly with these conditions. However the contract between MD 2 SRL and the Customer is valid and definitively concluded that as of the date of the express acceptance of the subscription or order by MD 2 SRL, which will be materialized by sending an e-mail confirmation to the Customer. MD 2 SRL reserves the right to refuse any subscription or order. At the date of MD 2 SRL acceptance, the contract must be considered concluded. Any order signed by the consumer double-clicks constitutes an irrevocable acceptance.
4.1 Services offered by subscription packages:
The purchase of a subscription allows the customer to receive offers and prices for subscribers within the rental and sale of handbags at a preferential price. All services currently available to subscribers are described below.
4.2 Description of different subscription:
Three subscription plans are available on the website www.rentfashionbag.com. They correspond to different durations : 3 months, 6 months, 12 months.
4.3 Subscription validity:
The subscription will only be effective when MD 2 SRL will send a confirmation e-mail to the Customer. At the end of the subscription, the Customer may decide to purchase a new one through the website. There is no automatic mechanism to renew a subscription.
4.4 Duration of subscription:
Each subscription corresponds to the chosen three, six or twelve months.
4.5 Price of the subscription:
Payment of the full membership comes when the subscription is made and paid by credit card. At each renewal of the subscription, the Customer authorizes MD 2 SRL to take the price of the subscription by debiting his credit card. The current rates for each of the subscription packages are available on the website www.rentfashionbag.com. However, any change in rates applicable to the subscription type chosen by the Customer will be applied only after the end of the current subscription period.
MD 2 SRL is recognized the right to terminate the contract in case of non-fulfilment by the Customer of the various conditions of the contract. The termination of the contract will take place immediately upon receipt of the communication, that MD 2 SRL send by registered mail. Upon termination of a subscription, the Customer must immediately return any rented bag in his possession and pay any amount due to MD 2 SRL.
Art.5) LUXURY HANDBAG RENTAL SERVICE
5.1 Selection of a handbag:
The bags available for rent by MD 2 SRL are purchased new or at a bargain price. MD 2 SRL provides maintenance and renovation of handbags before every rental. MD 2 SRL may at any time and freely add and/or remove bags on the website. A "waiting list" is offered for unavailable bags. However, MD 2 SRL reserves the right to deny access to the waiting list based on the number of people already registered. The bag will be successively assigned to the Customer that agrees at first to pay a 30% advance on the rental fee. The payment of 30% shall be made after you submit your booking request via the proper form and received confirmation of the availability of the grant by the webmaster of the site, which will send the Customer a code to complete the transaction. The remaining payment of the 70% must be paid when the bag will be available within 24 hours of receipt of a second code that will lead to the end of the transaction for the remaining amount. It is stated that each Customer can’ t register on the waiting list for more than 10 different handbags simultaneously. MD 2 SRL may avoid to accept the payment of the 30% advance or abolish the waiting list and must inform the Customer. The Customer may at any time cancel the reservation of the bag effectuated. In this case, the sum of 30% already paid by the Client to stop the booking will be retained by MD 2 SRL. In case the bag booked cannot be sent for more reasons that do not depend on the Client, he is entitled to a refund of the initial payment of 30% through wire transfer.
5.2 Forms of leasing:
For the majority of handbags, the Customer will have the choice between different forms of rental renting for a period of 7 days / one week; renting for a period of 14 days / two weeks; renting for a period of 30 days / one month. The Customer may request to renew its lease for successive periods of the same duration initially selected with a request to MD 2 SRL via e-mail at firstname.lastname@example.org before the fifth day of the deadline for return of the rented bag. The renewal payment will be made by bank transfer, according to the instructions that will be provided by MD 2 SRL. MD 2 SRL reserves the right to accept or reject each application for renewal made by the Customer according to the number of people on waiting list or to perform maintenance or control over the purse or any other pattern.
5.3 Rental rates:
The current rates for each rental of each bag are available on the website www.rentfashionbag.com. It is stated that the subscription entitles the Client to a preferential rate of rent. MD 2 SRL reserves the right to change prices at any time. However any change in rate for the rental bag chosen by the Customer will be applied only after the period of tenancy. The payment of the rent comes at the order date and is realized by credit card.
5.4 Placing an order:
A Customer cannot rent multiple handbags. MD 2 SRL accept new Client's order once the bag previously leased is back. MD 2 SRL will send the Customer an e-mail order confirmation indicating : the date of filing of the parcel to the carrier; the number of packages (to enable tracking on the Internet); the date the Customer must return the handbag; the coordinates of the carrier.
IMPORTANT : the first order must be made by bank transfer, otherwise MD 2 SRL reserves the right to cancel any order in case it has not been agreed directly before by the Customer with MD 2 SRL.
Delivery will be made by a carrier selected by MD 2 SRL for this purpose at the address specified by the Customer in the subscription form or any other address given by him at the time of the order. The parcel delivery contains : the handbag in a soft protective pouch; an explanatory booklet; the package provided for the return; the thumbnail prepaid for the return; transport insurance prepaid for return. If the Client finds that the actual condition of the bag does not match the information provided by MD 2 SRL in the mail order confirmation referred to in Article 5.4, he shall : notify MD 2 SRL by e-mail address email@example.com or by phone number listed on the website within an hour after delivery of the package the differences of the bag received.
Important : the Customer is obliged to send a document to MD 2 SRL, identity card or passport, before the shipment is made by e-mail to firstname.lastname@example.org. The delivery address must correspond to that address indicated on the identity document. If the Customer refuses, the shipment will not take place.
5.6 Calculating the length of rental:
The first day of the tenancy begins on the date after the package is handed to the Customer by MD 2 SRL provided by carrier as specified in the order confirmation mail referred to in Article 5.4. The deposit receipt provided by MD 2 SRL will prevail between the parties. The rental period is calculated in calendar days. If the last day is a day on which carrier is closed, it ends on the first day of opening of the carrier. Customer must keep the receipt of the provider of delivery as proof of filing.
5.7 Return of handbag:
The Customer shall return the handbag to the expiration of the lease term. The Customer undertakes to post the handbag exclusively in its original packaging prepaid and insured. The Customer must ensure that the carrier furnishes all the proofs of deposit of the bag, otherwise it may be liable in case of loss of product. If Customer damages, loses or throws away that package, he should contact MD 2 SRL. It is already agreed that the Customer will return the handbag in similar packaging, at its expense, using a routing service quality at least equivalent to that used by MD 2 SRL for forwarding. Client will also provide transportation back in conditions at least equivalent to those offered by MD 2 SRL. A lack of insurance, loss, theft or damage to the bag during transit will result in compensation of the damage from the Customer to MD 2 SRL, under the conditions referred to in Article 5.10.
Exceeding the rental period will result in the application of a compensation equal to the tariff for the rental price in force. In this case, MD 2 SRL shall have the right to charge the Customer the rental price of the bag and to impose a penalty of € 20,00 per day of delay. Within the fifth day of delay, MD 2 SRL will send formal notice to return the bag. Failing to return the bag or provide proof of restitution the Customer shall pay to MD 2 SRL the entire price of the bag of substitution as defined below at art. 5.10. In the case the Customer does not pay the charges described above, MD 2 SRL reserves to take legal action against the same.
5.9 Use of the bag during the tenancy:
The Customer undertakes to use the bag with care and take all necessary precautions to avoid damage. It assumes physical and legal custody under its sole responsibility. In particular, it undertakes to use for transportation and storage, the protective pouch delivered to that effect. It will avoid : exposing the bag to any source of potential damage such as dust, strong variations in temperature, sunlight, humidity, shock; not to clean the bag by using any kind of cloth or without using any other instructions than those provided by MD 2 SRL; to leave the handbag out of the reach of young children; do not insert inside the bag anything likely to stain and/or damage the interior. The Customer may use the bag rented for personal use only. Thus, it is forbidden to lend or the sub-lease the bag, to make it available to others and to make any professional or commercial use.
5.10 Loss, Theft or degradation of the bag:
In case of loss, theft or deterioration of the bag (stain, tear, scratch, burn, etc..) the Customer undertakes to notify MD 2 SRL via e-mail at email@example.com or by telephone indicated on the website, and report it to the police within 24 hours after the occurrence of the event. Furthermore, in case of degradation of the bag, the Customer agrees not to undertake or arrange for repairs under its own power. It will return the bag within 24 hours. If carrier is closed, the Customer must return the bag the first day of opening of the carrier. Any return of a bag in a state different from that stated in the letter of confirmation referred to in Article 5.4, shall be considered as degradation. MD 2 SRL reserves the right to charge the Customer : in case of deterioration, the cost of repairs upon presentation of invoice ( it is to be understood also in case of loss of the dustbag, the cost to buy a new one ), or if the repair can’ t afford to put the bag in its original condition, the price of a bag of substitution; in case of loss or theft, the price of a bag of substitution. The price of a bag of substitution is defined as follows : the purchase price that MD 2 SRL must pay to buy the new bag; if the bag deteriorated or lost or stolen is no longer manufactured or distributed and can’ t be replaced by the same bag, the price of a bag will be the purchase value of a limited edition bag that MD 2 SRL must pay to buy the replacement bag. MD 2 SRL will provide a copy of the invoice of the new bag purchased as proof. Customer agrees to pay to MD 2 SRL the price of the substitution bag and is expressly forbidden to take any action which would prevent recovery. Each bag has a system to ensure traceability.
The Customer agrees not therefore degrade the tracking system, to replace the bag rented by any other bag and replace it with a counterfeit. All bags returned that prove not to be rented the bag will be processed by MD 2 SRL as a case of loss or theft. If the bag returned, proves to be a forgery, MD 2 SRL reserves all recourse against the Customer.
5.11 Special offers to subscribers:
Promotions are implemented through the website by using a discount coupon codes on the total shopping trolley (discount or value in%) that are released from MD 2 SRL to its Customers. All discount codes will be valid for a defined time.
Art.6) NEW OR USED HANDBAG SALES SERVICE
6.1 Sales service in the Outlet section:
All bags listed in the Outlet section of the website are available for sale. This service is offered to Customers, subscribers and non-subscribers, for sales handbags, new or used. It is stated that the subscription entitles the Client to a discount for buying handbags. Any return or exchange is not permitted for any reasons for any items sold on this site. The product offerings available on the website are valid only until stocks last. MD 2 SRL is committed to deliver the product ordered online as soon as possible.
6.2 Sale of bags during the rental:
Any registered user can buy the bag that has hired during the rental period by making a request to MD 2 SRL via e-mail before the fifth day before the end of the rental. MD 2 SRL reserves the right to accept or refuse any request of purchase expressing his opinion via e-mail. If the request is accepted, the e-mail will contain an offer. After receiving the offer, the Customer may agree to buy the bag and will communicate it to MD 2 SRL via e-mail. The Customer within 24 hours must proceed to the payment by wire transfer to MD 2 SRL. In the case the bag is already in possession of the Customer, the period of lease cannot be deduced and has nothing to do with the purchase. MD 2 SRL may also decide to send sale offers to all registered users simultaneously via e-mail. The sending confirmation by MD 2 SRL constitute a binding obligation for MD 2 SRL only within the time period established on the offer. The Client must proceed within that period of time to complete the purchase and make the payment within that period of time on the offer. When the payment has been carried out, MD 2 SRL will proceed to send the bag. Unless other is not specified in the order sent via e-mail, each proposal is valid for 24 hours after the order has been sent by e-mail.
Art.7) COMMON DISPOSITION
7.1 Gift vouchers:
Through the site you can give as present a bag rental or a subscription to a third person, indicating simply during the rental process or purchase of membership, all data and contact details of the person receiving the gift. The user who has effectuated the gift will receive an e-mail order confirmation. The person who receives the gift will receive an e-mail with all instructions on how to use the rent bag or the membership.
7.2 Placing orders online:
The placing of the order is carried out by a series of data entries on successive screen pages. When the Client confirm his order, he accept these terms and conditions fully and without reservation. He will then be asked to enter his bank details (credit card number and expiration date) for online payment. He will be able to print a summary of the transaction including the date, the contents of the service and price. As the meaning of the transaction is the bank, MD 2 SRL take the order and send to the Client a detailed receipt by electronic mail. This acknowledgment will advise the Client of his order number, the exact amount charged and terms of delivery. This acknowledgment constitutes acceptance of his order and validate the transaction. His order is then processed so that the Client can receive his product. However, MD 2 SRL reserves the right to cancel any order from a client with whom there is a dispute over payment of a previous order. In the event outside MD 2 SRL control an item ordered become unavailable, MD 2 SRL will send a notification by e-mail to the Client and will refund the amount of the missing item as soon as possible to him. Orders are archived on MD 2 SRL server. At any time the Client can access the details of his orders by checking his account on the website. Customers agree that MD 2 SRL registration systems are worth as ordering proof reliable at its date.
7.3 Right of withdrawal:
It is recalled that the Customer has a period of 7 days from the purchase of a subscription or purchase of a handbag to exercise his right of withdrawal, notifying the company by e-mail at the MD 2 SRL address listed above or by e-mail at the following address firstname.lastname@example.org. Concerning in particular the case of subscription of the subscription, it was agreed that the withdrawal period of 7 days mentioned above shall be exercised by the customer when sending a handbag is reached before the deadline of 7 days. The product must be returned in the condition it has been delivered, along with all accessories in its original packaging. When returning a damaged bag, the provisions of section 5.10 apply. Any rental charge is due reward for all of its initial period and will not be entitled to any refund or compensation in the case example of an early termination of the lease.
Prices are quoted in euros. They include Italian VAT. Other costs include processing materials (packaging and materials to manufacture of packages) applicable to the order date will also be listed in the order. Customers will be charged of delivery expenses. MD 2 SRL reserves the right to change prices at any time. Price changes, VAT and handling fee will not be changed once the Customer receives his order confirmation.
7.5 Terms of payment:
Unless stated otherwise in the order or in these conditions, MD 2 SRL is paid only by credit card on secure bank servers. No banking information is communicated to the Customer or MD 2 SRL is transmitted via the site www.rentfashionbag.com. When confirming the order the Client is directed to the secure payment site of Paypal world leader in online payments with high standards of security protection. Confidential data is treated only from the bank.
7.6 Payment default:
MD 2 SRL reserves the right to refuse an order if there was payment issues on a previous order or for any other reason. Any amount due and not paid when due will bear interest at a rate equal to one and half times the legal interest rate for the entire period between the date of payment of the sum and that of its full payment, principal and accessories, without any need to send any notice.
7.7 Terms and Delivery:
Handbags will be delivered to the shipping address provided when the subscription is made or to the address provided during the order taking. It is clear that the carrier selected by MD 2 SRL will be indicated in the e-mail order confirmation. Exceeding the time of dispatch may not result in any cancellation of the order, no reduction in the price paid by the Client, and the Client can’ t request any payment of damages to MD 2 SRL. It is the Customer's responsibility to verify the compliance of the product at the time of delivery and before signing the carrier's delivery and have to indicate on the delivery of all reserves accompanied by his signature. Such verification is considered to be made when the Customer or any person authorized by it, signed the delivery note. If at the time of delivery, the original packaging is damaged, torn or open, the Client must check the status of the product. If it was damaged, he must refuse the package and noted a reservation on the delivery (package refused because opened or damaged). You will also send these reserves to MD 2 SRL via e-mail within 24 hours.
7.8 Information – Privacy:
The Customer expressly agrees to connect to MD 2 SRL, and accurate data to inform MD 2 SRL any changes in his information provided, including any change of address and bank details. The Customer undertakes to preserve the confidentiality of his login and access code; it is strictly personal. The Customer shall be solely responsible for all the damaging consequences of the disclosure to any third party by Customer, its identifier and/or its access code.
All the elements constituting the www.rentfashionbag.com website comes under Italian and international copyright and intellectual property. All property rights are reserved, including iconographic and photographic works presented on the site. Marks reproduced on the site are submitted by companies that own them. The Customer agrees not to reproduce, display, operate, use or distribute all or part of the evidence presented on the site on any medium and by any means.
The photographs illustrating the products are not object of contract. Customer acknowledges that the photograph of the product that appears on the website is indicative only. Alterations can indeed occur due to the processing of the photo. MD 2 SRL can’ t be held liable for breach of contract, in case of shortage, or unavailability of the product in case of failure by the carrier in the performance of its obligations including any delay or failure to deliver (loss, theft, breakage, in particular).
MD 2 SRL can’ t be held liable for breach of contract in connection with acts of God, force majeure, disruption or total or partial strike of carrier, flood, fire, acts of terrorism, acts of war. MD 2 SRL can’ t be held liable if his website is unavailable due to a technical problem on the server hosting company or in case of interruption of traffic. In any event, the total amount of compensation that MD 2 SRL might have to pay the Customer compensation for damages or for any reason whatsoever, is limited by the parties to the transaction value at the origin of the damage. It is expressly agreed between the Parties that in case of resolution of the Contract for any reason whatsoever, this clause will survive.
7.11 Filing and Proof:
The records stored in his computer systems from MD 2 SRL and its partners in conditions of reasonable safety, will be considered proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and sustainable manner from MD 2 SRL.
7.12 Applicable law and Jurisdiction:
These conditions are subject to the Italian law. The competent court in case of dispute will be the domicile of the MD 2 SRL in Italy, as all delivery of the product starts from MD 2 SRL.
End of Terms