GENERAL CONDITIONS OF USE
PREAMBLE
ADHESION TO THE GENERAL CONDITIONS
NOYDE IS A COMPANY WHOSE MAIN PURPOSE IS THE RENTAL OF LUXURY READY-TO-WEAR AND ACCESSORIES IN BELGIUM AND ABROAD AND OPERATES THE WEBSITE WWW.NOYDE (THE “ SITE ”) AND THE BRAND NOYDE ANTWERPEN / NOYDE (THE “ BRAND ”).
ANY USER OF THE SITE (A “ USER ”) IS INVITED TO READ CAREFULLY THESE GENERAL CONDITIONS OF USE (THE “ GCU ”) BEFORE ANY USE OF THE SITE AND IN PARTICULAR ANY VISIT OR SEARCH ON THE SITE, THE RENTAL OF A PRODUCT ON THE SITE.
ANY USER WHO DOES NOT ACCEPT ALL OR PART OF THE T&Cs IS NOT AUTHORIZED TO USE THE SITE, CREATE A CUSTOMER ACCOUNT OR MAKE A RESERVATION FOR A RENTAL. THE COMPANY RESERVES THE RIGHT TO BLOCK ACCESS TO THE SITE FOR ANY USER WHO DOES NOT COMPLY WITH THE T&Cs AND/OR CLOSE THEIR CUSTOMER ACCOUNT.
THESE GENERAL TERMS AND CONDITIONS ARE CURRENT AS OF MARCH 121, 2023. THE COMPANY RESERVES THE RIGHT TO MODIFY ALL OR PART OF THE GENERAL TERMS AND CONDITIONS AT ANY TIME AND WITHOUT NOTICE. THE NEW PROVISIONS OF THE GENERAL TERMS AND CONDITIONS WILL AUTOMATICALLY APPLY TO VISITS TO THE SITE FOLLOWING SAID MODIFICATION. ANY USER OF THE SITE IS THEREFORE INVITED TO CONSULT THE GENERAL TERMS AND CONDITIONS WHEN USING THE SITE IN ORDER TO BE PERMANENTLY INFORMED OF THE TERMS AND CONDITIONS OF RENTAL ON THE SITE.
THE T&Cs ALONE GOVERN THE USE OF THE SITE AND THE RENTAL OF PRODUCTS ON THE SITE AND PREVAIL OVER ANY OTHER DOCUMENT, UNLESS EXPRESSLY STATED OTHERWISE SIGNED BY THE COMPANY.
ALL USERS ARE REMINDED THAT THE COMPANY RESERVES THE RIGHT TO SUSPEND OR MODIFY ALL OR PART OF THE SITE AND ITS CONTENTS, IN PARTICULAR ITS FUNCTIONALITIES, ITS SERVICES, THE PRODUCTS FOR RENT OR RENTAL RATES, AT ITS DISCRETION AND WITHOUT NOTICE, WITHOUT ITS LIABILITY BEING INCURRED IN THIS REGARD.
THE T&Cs ARE ENFORCEABLE FOR THE ENTIRE DURATION OF OPERATION OF THE SITE.
THESE GENERAL TERMS AND CONDITIONS ARE CONCLUDED BETWEEN THE COMPANY AND ANY USER, WHO BY USING THE SITE, FULLY AND UNRESERVEDLY ADHERES TO THE GENERAL TERMS AND CONDITIONS AND UNDERTAKES TO COMPLY WITH THEIR TERMS AND CONDITIONS.
ARTICLE 1 DEFINITIONS
“ CALENDAR ” MEANS THE CALENDAR IN ELECTRONIC FORMAT ON THE SITE INDICATING THE RESPECTIVE DATES AND PERIODS OF AVAILABILITY AND RESERVATION OF A PRODUCT FOR RENTAL.
“ CUSTOMER ” MEANS ANY USER WHO HAS PLACED AN ORDER ON THE SITE.
“ ORDER ” MEANS ANY RESERVATION OF A PRODUCT FOR RENTAL BY A USER, RESERVATION CONFIRMED BY THE COMPANY BY SENDING AN ORDER CONFIRMATION EMAIL AND DULY PAID.
“ RENTAL EXPIRY DATE ” MEANS THE LAST DAY OF THE RENTAL PERIOD, AND THE DATE ON WHICH THE RENTAL PRODUCT MUST BE RETURNED TO THE COMPANY.
“ ORDER CONFIRMATION ” MEANS THE SUMMARY OF AN ORDER INDICATING: THE PRODUCT RENTED, THE RENTAL PERIOD, THE DELIVERY PLACE, THE DELIVERY METHOD, THE RETURN DATE AND THE PRICE.
“ RENTAL PERIOD ” MEANS ANY FOUR (4) OR (8) CALENDAR DAY RENTAL PERIOD OF A PRODUCT CHOSEN BY A CUSTOMER AND CONFIRMED BY THE SENDING OF AN ORDER CONFIRMATION EMAIL.
" PAYMENT PLATFORM " MEANS THE SECURE PAYMENT PLATFORM ON THE SITE. IT IS REMEMBERED THAT THE PAYMENT PLATFORM IS MANAGED BY A THIRD PARTY TO THE COMPANY AND THAT THE COMPANY CANNOT BE LIABLE IN THE EVENT OF SUSPENSION OR INTERRUPTION OF THE PAYMENT PLATFORM FOR REASONS BEYOND THE COMPANY'S CONTROL.
" PRODUCT FOR RENT " MEANS ANY READY-TO-WEAR PRODUCT, BAG, JEWELRY OR ACCESSORY MADE AVAILABLE FOR RENT ON THE SITE. IT IS SPECIFIED AS NECESSARY THAT A PRODUCT MEANS THE PRODUCT ITSELF, ITS LABEL WHICH GUARANTEES ITS AUTHENTICITY BUT ALSO ANY ADDITIONAL ACCESSORY ATTACHED TO IT OR RELATED TO IT (BELT, DRESS INSIDE, CASE, BROOCHES, POUCH).
“ RENTAL PRODUCT ” MEANS ANY PRODUCT FOR RENTAL THAT IS THE SUBJECT OF AN ORDER.
“ SITE ” HAS THE MEANING ATTRIBUTED TO IT IN THE PREAMBLE.
“ CARRIER ” MEANS THE POST OFFICE OR ANY OTHER EXTERNAL TRANSPORTATION PROVIDER ENSURING DELIVERY OF A RENTAL PRODUCT TO THE CUSTOMER OR RETURN OF A RENTAL PRODUCT TO THE COMPANY, AND AS INDICATED IN THE ORDER CONFIRMATION.
ARTICLE 2 – PRODUCTS FOR RENT – SERVICES OFFERED ON THE SITE
THE PRODUCTS FOR RENT PRESENTED ON THE SITE ARE ORIGINAL PRODUCTS THAT THE COMPANY OFFERS FOR RENT. EACH PRODUCT FOR RENT IS PROVIDED TO THE CUSTOMER IN GOOD CONDITION, WITH ITS BRAND LABEL, AFTER DRY PRESSING, IRONED AND PLACED ON A DEDICATED HANGER AND COVER. CLEANING AND ROUTINE MAINTENANCE ARE INCLUDED IN THE RENTAL RATE.
THE COMPANY RESERVES THE RIGHT TO CHANGE THE PRODUCTS FOR RENT ON THE SITE AT ANY TIME AND WITHOUT NOTICE AND TO WITHDRAW ANY PRODUCT FOR RENT, WITHOUT NOTICE AND AT ITS SOLE DISCRETION. THE PRODUCTS FOR RENT ARE OFFERED AT A GIVEN TIME, DEPENDING ON THE SEASON AND THE COMPANY'S POSITIONING CHOICES AND MAY VARY DEPENDING ON THE WEATHER AND THE SEASONS.
THE COMPANY REMINDS USERS THAT THE DESCRIPTIONS, CHARACTERISTICS AND VISUALS OF THE PRODUCTS FOR RENT ARE PROVIDED FOR INFORMATION PURPOSES ONLY. THE COMPANY SHALL NOT BE HELD LIABLE IN THE EVENT OF A DIFFERENCE IN PERCEPTION OF COLOR, SHAPE, FALL OR MATERIAL OR FOR THE STYLING ADVICE PROVIDED ON A PRODUCT FOR RENT. EACH USER IS INVITED BEFORE PLACING AN ORDER TO CHECK WHETHER THE MEASUREMENTS INDICATED ON A PRODUCT CAN SUIT THEIR SIZE AND BODY TYPE AND THE COMPANY SHALL NOT BE HELD LIABLE IN THIS REGARD IN ANY WAY. THE INFORMATION GIVEN ON THE SITE IS GIVEN FOR INFORMATION PURPOSES ONLY AND IT IS THE CUSTOMER'S RESPONSIBILITY TO CHECK THE SUITABILITY OF THE PRODUCT FOR HER SIZE AND NEEDS. THE COMPANY MAKES NO WARRANTY ON THE PRODUCTS RENTED FOR A PARTICULAR USE.
THE PRODUCTS FOR RENT ARE OFFERED FOR RENT SUBJECT TO THEIR AVAILABILITY DISPLAYED ON THE SITE CALENDAR. THE CALENDAR IS AUTOMATICALLY UPDATED WITH THE RESERVATIONS MADE. HOWEVER, IT IS REMAIN POSSIBLE FOR RENTALS TO BE MADE SIMULTANEOUSLY ON THE SAME PRODUCT FOR RENT. IN SUCH A CIRCUMSTANCES, THE COMPANY WILL INFORM THE CUSTOMER AS SOON AS POSSIBLE AND WILL OFFER THE CUSTOMER A SUBSTITUTE PRODUCT FOR RENT. THE COMPANY DISCLAIMS ALL LIABILITY IN THE EVENT OF AN ERROR IN THE SITE CALENDAR RESULTING FROM A TECHNICAL PROBLEM ON THE SITE OR MAINTENANCE ON THE SITE WITHOUT THE COMPANY'S FAULT. A PRODUCT FOR RENTAL CANNOT UNDER ANY CIRCUMSTANCES BE THE SUBJECT OF A RESERVATION IN THE ABSENCE OF AN ORDER CONFIRMED BY AN ORDER CONFIRMATION AND PAID.
THE RATES AND SERVICES OFFERED ON THE SITE ARE SUBJECT TO THE COMPANY'S COMMERCIAL POLICY AND MAY VARY AT THE COMPANY'S DISCRETION. NO USER MAY CLAIM A RIGHT TO USE ANY SERVICE OFFERED AT A GIVEN TIME ON THE SITE, TO THE FREE SERVICE OR TO THE PRICING OF ANY SERVICE OR PRODUCT FOR RENT ON THE SITE.
ARTICLE 3 – CREATION OF ACCOUNT AND PLACING OF ORDER
ONLY A USER WHO HAS COMPLETELY AND EXHAUSTIVELY COMPLETED THEIR REGISTRATION ON THE SITE BY CREATING A CUSTOMER ACCOUNT MAY PLACE AN ORDER ON THE SITE.
THE COMPANY RESERVES THE POSSIBILITY OF SUSPENDING A CUSTOMER ACCOUNT IN THE EVENT OF A VIOLATION BY THE USER OF THE T&Cs, A PREVIOUS PAST OF FAILURE TO PAY, A FAULTY RETURN, IN THE EVENT OF A DISPUTE BETWEEN THE USER AND THE SAID USER OR SUSPICION OF FRAUD.
THE USER MUST PROVIDE HIS LAST NAME, FIRST NAME, ADDRESS, MOBILE PHONE, EMAIL AND ANY OTHER INFORMATION REQUIRED AT ANY TIME FOR THE CREATION OF THE CUSTOMER ACCOUNT. THE USER EXPRESSLY GUARANTEES THAT THIS INFORMATION IS PERSONAL AND IS COMPLETE, ACCURATE AND SINCERE. THE USER UNDERTAKES TO PROTECT HIS IDENTIFIERS AND PASSWORDS AND TO INFORM THE COMPANY IMMEDIATELY OF ANY SUSPECTED USURPATION OF HIS IDENTIFIERS AND/OR PASSWORDS. THE USER MUST INDICATE IN THE EVENT OF RECEIPT BY A THIRD PARTY ON HIS BEHALF THE IDENTITY OF THE RECIPIENT AS WELL AS HIS TELEPHONE DETAILS.
THE RESERVATION OF A PRODUCT FOR RENT IS MADE ON THE SITE, SUBJECT TO ITS AVAILABILITY ON THE CALENDAR. AS INDICATED ABOVE, THE AVAILABILITY OF A PRODUCT MUST BE CONFIRMED BY THE SENDING OF AN ORDER CONFIRMATION. IN THE EVENT OF FAILURE OF RECEIPT BY THE CUSTOMER OF AN ORDER CONFIRMATION, IT WILL BE AUTOMATICALLY CONSIDERED CANCELLED AND THE COMPANY MAY OFFER THE USER ANOTHER RESERVATION WITHOUT ADDITIONAL COSTS.
PLACING AN ORDER FOR A RENTED PRODUCT AND ITS RESERVATION ARE SUBJECT TO (I) PAYMENT OF THE ENTIRE RENTAL RATE BY BANK CARD ON THE PAYMENT PLATFORM AND (II) AUTHORIZATION GIVEN TO THE PAYMENT PLATFORM TO KEEP AN IMPRINT OF THE CUSTOMER'S BANK CARD CORRESPONDING TO THE POSSIBLE COSTS OF SUBSTITUTION OR REPAIR OF A RENTED PRODUCT IN THE EVENT OF FAULTY RETURN OR TO LATE PAYMENT INTEREST IN THE EVENT OF LATE RETURN. IN THE ABSENCE OF FAULTY RETURN, THIS IMPRINT WILL BE KEEPED UNTIL THE DATE OF RETURN OF THE RENTED PRODUCT. IN THE EVENT OF A FAULTY RETURN, THE PRINT WILL BE RETAINED UNTIL FULL PAYMENT OF THE SUMS DUE FOR THE REPAIR OF THE RENTED PRODUCT OR UNTIL THE REPLACEMENT OF SAID RENTED PRODUCT AS INDICATED IN ARTICLE XX BELOW. THE CUSTOMER UNDERTAKES TO HAVE SUFFICIENT FUNDS TO SATISFY THE FOREGOING OBLIGATIONS.
THE COMPANY RESERVES THE RIGHT TO REFUSE ANY ORDER IN THE EVENT OF A PREVIOUSLY FAULTY RETURN BY THE USER OR A DISPUTE WITH SAID USER.
ANY ORDER IS FINAL FROM THE SENDING OF THE ORDER CONFIRMATION BY THE COMPANY. NO CANCELLATION OR REFUND MAY BE REQUIRED BY THE CUSTOMER. FOR COMMERCIAL PURPOSES, HOWEVER, AND IN THE EVENT THAT THE CUSTOMER IS UNABLE TO BENEFIT FROM THE RENTED PRODUCT FOR OBJECTIVE REASONS BEYOND THEIR CONTROL (ACCIDENT, ILLNESS, ETC.) DULY JUSTIFIED TO THE COMPANY, THE COMPANY MAY GRANT THE CUSTOMER A CREDIT CREDIT TO BE USED ON A NEXT RENTAL WITHIN THE TIME TIMES SET BY THE COMPANY.
DELIVERY COSTS FOR STANDARD DELIVERY, THAT IS TO SAY, WITHIN THREE DAYS AND COURIER WITHIN PARIS INTRAMARINES, ARE COVERED BY THE COMPANY. ANY OTHER DELIVERY METHOD WILL BE CHARGED IN ADDITION TO THE ORDER, UNDER THE CONDITIONS MORE FULLY DESCRIBED ON THE SITE. DELIVERIES ARE MADE ON THE REGULAR DAYS AND TIMES OF THE CARRIER CONCERNED (WORKING DAYS AND WORKING HOURS).
IN ALL CASES OF SHIPPING BY CARRIER OF A RENTED PRODUCT, THE CARRIER'S STAMP OF DELIVERY OF THE RENTED PRODUCT WILL BE AUTHENTIC. IT IS REMEMBERED THAT THE COMPANY USES EXTERNAL CARRIERS AND THAT SHIPPING TIMES ARE INDICATED FOR INFORMATION PURPOSES ONLY. THE COMPANY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES IN THE EVENT OF A DELAY IN DELIVERY ATTRIBUTABLE TO THE CARRIER. IT IS ALSO THE CUSTOMER'S RESPONSIBILITY TO CORRECTLY AND COMPLETELY PROVIDE THEIR DELIVERY ADDRESS, ACCESS CODES, FLOORS, BUILDING NUMBER AND TO BE PRESENT DURING DELIVERY OR, FAILING THAT, TO HAVE PREVIOUSLY PROVIDED THE NAME AND TELEPHONE NUMBER OF THE PERSON RECEIVING THE DELIVERY. THE COMPANY WILL NOT BE LIABLE IN ANY WAY IN THE EVENT OF A FAILURE TO DELIVER DUE TO THE CUSTOMER'S ABSENCE OR AN ERROR IN THE DELIVERY DETAILS. ANY COSTS RELATED TO A RETURN TO THE COMPANY DUE TO THE UNAVAILABILITY OF DELIVERY AND ANY POSSIBLE COSTS OF RESHIPPING WILL BE THE EXCLUSIVE RESPONSIBILITY OF THE LATTER AND CANNOT GIVE RISE TO AN ORDER CANCELLATION.
ARTICLE 4 – RIGHT OF WITHDRAWAL
IN ACCORDANCE WITH ARTICLE L121-21-8 OF THE CONSUMER CODE RESULTING FROM LAW N°2014-344 OF MARCH 17, 2014:
“THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED FOR CONTRACTS:
1° OF THE SUPPLY OF SERVICES FULLY PERFORMED BEFORE THE END OF THE WITHDRAWAL PERIOD AND WHOSE EXECUTION HAS STARTED AFTER EXPRESS PRIOR AGREEMENT OF THE CONSUMER AND EXPRESS WAIVER OF HIS RIGHT OF WITHDRAWAL (…). »
ON THE SITE AND AT THE TIME OF ORDERING, THE USER EXPRESSLY WAIVES HIS RIGHT OF WITHDRAWAL.
ARTICLE 5 – CONDITIONS OF RENTAL AND STORAGE OF THE RENTED PRODUCT
IT IS REMINDED AS NECESSARY THAT ANY PRODUCT TO BE RENTED REMAINS THE ENTIRE PROPERTY OF THE COMPANY, WHICH EACH USER AND CUSTOMER EXPRESSLY RECOGNIZES. THE RENTAL ENTAILS TRANSFER OF THE SOLE RIGHT OF USE TO THE CUSTOMER FOR THE RENTAL PERIOD PROVIDED THAT THIS USE IS CARRIED OUT IN COMPLIANCE WITH THE T&Cs.
THE CUSTOMER UNDERTAKES TO KEEP THE RENTED PRODUCT WITH THE GREATEST CARE, TAKING ALL NECESSARY MEASURES TO ENSURE ITS INTEGRITY. LEGAL AND MATERIAL CUSTODY OF THE RENTED PRODUCT IS TRANSFERRED TO THE CUSTOMER DURING THE RENTAL PERIOD, WITH THE CUSTOMER UNDERTAKEN TO BEHAVE AS A GOOD FATHER AND IN ACCORDANCE WITH THE LAW. THE CUSTOMER UNDERTAKES TO USE THE RENTED PRODUCT IN ACCORDANCE WITH ITS INTENDED USE AND NOT TO LEAVE IT UNATTENDED OR WITHIN REACH OF SMALL CHILDREN.
THE CUSTOMER AGREES NOT TO CLEAN, ALTER, MODIFY (DIRECTLY OR THROUGH AN INTERPOSER) A RENTED PRODUCT, NOT TO CARRY OUT ANY ALTERATIONS OR SEWING, TO MODIFY THE COLOR, LENGTH (INCLUDING STRAPS), LABELS, OR ANY ASPECT OF THE RENTED PRODUCT.
THE CUSTOMER AGREES TO STORE THE RENTAL PRODUCT IN A DRY AND CLEAN PLACE, PROTECTED FROM HUMIDITY, SUNLIGHT AND DUST. THE CUSTOMER AGREES TO WEAR THE RENTAL PRODUCT TAKING INTO ACCOUNT ITS FRAGILITY AND ITS SPECIFIC CHARACTERISTICS. FOR EXAMPLE, A DRESS WITH A TRAIN IS NOT INTENDED TO BE WORN AT EVENTS GATHERING A LARGE AUDIENCE IN A RESTRICTED SETTING AND THEREFORE LIKELY TO GENERATE TRAMPLING / TEARS. ANY ALTERATIONS MAY ONLY BE CARRIED OUT BY THE COMPANY AND ONLY THE INTERNAL ALTERATION SERVICE MAY BE USED ON A PRODUCT FOR RENTAL.
PLEASE NOTE THAT RETURN PRESSING FOR CLEANING AND ROUTINE MAINTENANCE (COMMON STAINS, UNSTITCHED BUTTONS, FOR EXAMPLE) IS INCLUDED IN THE RENTAL RATE. THE CUSTOMER IS FORBIDDEN FROM CLEANING ANY STAIN ON A RENTED PRODUCT BY HIMSELF OR BY AN EXTERNAL SERVICE. ANY ATTEMPT AT CLEANING OR ATTEMPT AT REPAIR BY A CUSTOMER WILL CONSTITUTE A FAULTY RETURN AND THE CUSTOMER AUTHORIZES THE COMPANY TO CHARGE THE COST OF REPAIR OR THE COST OF REPLACEMENT IN THE EVENT OF CLEANING OR REPAIR IN VIOLATION OF THESE T&Cs.
THE CUSTOMER AGREES NOT TO ENTRUST THE CUSTODY OF A RENTED PRODUCT TO A THIRD PARTY, AND NOT TO SUBLET, LEND OR MAKE THE RENTED PRODUCT AVAILABLE TO A THIRD PARTY. FURTHERMORE, THE CUSTOMER AGREES TO MAKE THE RENTED PRODUCT ONLY FOR PERSONAL USE, TO THE EXCLUSION OF ANY COMMERCIAL USE, UNLESS EXPRESSLY AUTHORIZED BY THE COMPANY.
IN THE EVENT OF DESTRUCTION, LOSS OR THEFT, THE CUSTOMER MUST IMMEDIATELY INFORM THE COMPANY BY EMAIL AT: NOYDE.BE OR ON 0032 483658860 AND IN THE EVENT OF THEFT, REPORT SAID THEFT TO THE POLICE STATION WITHIN 24 HOURS OF THE OCCURRENCE OF THE THEFT. THE CUSTOMER MUST PROVIDE THE COMPANY WITH A COPY OF SAID THEFT DECLARATION.
THE CUSTOMER AGREES TO RETURN THE RENTED PRODUCT NO LATER THAN THE RENTAL EXPIRY DATE. ANY EXCESS OF THE RENTAL PERIOD WILL RESULT IN THE CUSTOMER BEING BILLED A FIXED LATE PAYMENT COMPENSATION OF FIFTY (50) EUROS INCLUDING TAXES PER DAY PER RENTED PRODUCT AND EXPRESSLY AUTHORIZES THE COMPANY TO USE THE BANK IMPRINT TAKEN WHEN ORDERING IN ORDER TO COLLECT THESE LATE PAYMENT COMPENSATIONS. IN THE EVENT OF A DELAY EXCEEDING SEVEN (7) CALENDAR DAYS FROM THE EXPIRY DATE OF THE ORDER, THE CUSTOMER AUTHORIZES THE COMPANY, AFTER PRIOR NOTICE BY THE LATTER SENT BY EMAIL AND REMAINING WITHOUT EFFECT, TO DEDUCT FROM THE BANK IMPRINT THE EQUIVALENT OF 100% OF THE PUBLIC PURCHASE PRICE OF THE RENTED PRODUCT, OR IN THE FAILURE OF AVAILABILITY OF THE RENTED PRODUCT, 100% OF THE PUBLIC PURCHASE PRICE OF A PRODUCT EQUIVALENT TO THE RENTED PRODUCT (HEREINAFTER REFERRED TO AS THE " REPLACEMENT COST ").
A “ WRONG RETURN ” CONSTITUTES ANY RETURN (I) OF A RENTED PRODUCT IN A CONDITION DIFFERENT THAN THAT IN WHICH IT WAS SHIPPED BY THE COMPANY OR (II) OF A PRODUCT DIFFERENT THAN THE RENTED PRODUCT FOR ANY REASON WHATSOEVER.
THE CUSTOMER UNDERTAKES TO INFORM THE COMPANY IMMEDIATELY IN THE EVENT OF ALTERATION OR DETERIORATION OF A RENTED PRODUCT, IT BEING SPECIFIED THAT ONLY THE QUALITY CONTROL CARRIED OUT BY THE COMPANY DURING THE RETURN WILL BE VALID. IN THE EVENT OF A FAULTY RETURN, THE COMPANY WILL NOTIFY THE CUSTOMER BY E-MAIL OF THE DETERIORATION OBSERVED DURING THE QUALITY CONTROL ON THE RENTED PRODUCT. IN THE EVENT OF DAMAGE TO A RENTED PRODUCT REQUIRING ADDITIONAL TREATMENT TO THAT MADE NECESSARY BY USE OF THE RENTED PRODUCT IN A GOOD AND NORMAL MANNER (SUCH AS A SIMPLE TASK TO REMOVE, SEWING ON AN UNSTITCHED BUTTON OR A UNDOUBLED HEM), THE COMPANY WILL PROCEED WITH AN ESTIMATE OF THE COST OF REPAIR OR ADDITIONAL CLEANING AND WILL NOTIFY THE CUSTOMER OF THE INVOICE (THE " COST OF REPAIR "). THE CUSTOMER EXPRESSLY AUTHORIZES THE COMPANY TO DEDUCT THE AMOUNT OF THE COST OF REPAIR FROM THE IMPRINT MADE WHEN PAYING FOR THE ORDER ON THE SITE.
IN THE EVENT OF DAMAGE SUCH AS RE-RENTAL OF THE RENTED PRODUCT IS MADE IMPOSSIBLE (IN PARTICULAR TEARS, HEEL HOLES, CIGARETTE BURNS, INDELIBLE STAINS SUCH AS SOY SAUCE), THE COMPANY WILL INVOICE THE CUSTOMER FOR THE REPLACEMENT COST AND THE CUSTOMER EXPRESSLY AUTHORIZES THE COMPANY TO DEDUCT THE AMOUNT OF THE REPLACEMENT COST FROM THE IMPRINT MADE WHEN PAYING FOR THE ORDER ON THE SITE.
IN THE EVENT OF RETURN OF A PRODUCT DIFFERENT FROM THE RENTED PRODUCT AND IN PARTICULAR A COUNTERFEIT PRODUCT, THE CUSTOMER EXPRESSLY AUTHORIZES THE COMPANY TO DEDUCT FROM THE IMPRINT MADE WHEN PAYING FOR THE ORDER ON THE SITE THE AMOUNT OF THE REPLACEMENT COST, WITHOUT PREJUDICE TO ANY PROSECUTION, IN PARTICULAR CRIMINAL PROSECUTION, THAT THE COMPANY MAY INITIATE.
THE CUSTOMER EXPRESSLY AGREES TO TAKE ALL NECESSARY MEASURES AND ALLOW THE COMPANY TO RECOVER THE COST OF REPAIR OR THE COST OF REPLACEMENT.
ARTICLE 6 – INTELLECTUAL PROPERTY – COOKIES
THE BRAND AND ALL CONTENTS OF THE SITE (SLOGANS, PUNCHLINES, PHOTOGRAPHS, VIDEOS, ANIMATIONS, DRAWINGS, GRAPHICS, LOGOS, PICTOGRAMS AND TEXTS IN PARTICULAR) ARE THE EXCLUSIVE INTELLECTUAL PROPERTY OF THE COMPANY AND MAY NOT BE USED, REPRESENTED, EXTRACTED OR REPRODUCED (FOR COMMERCIAL PURPOSES OR NOT) IN ANY MANNER WHATSOEVER WITHOUT THE EXPRESS PRIOR CONSENT OF THE COMPANY. ANY USE, REPRESENTATION, EXTRACTION OR REPRODUCTION OF SAID CONTENTS AND RIGHTS WITHOUT THE EXPRESS CONSENT OF THE COMPANY (AND WITHOUT LIMITATION ANY DEEPLINK) CONSTITUTES AN INFRINGEMENT EXPOSING ITS AUTHOR TO THE SANCTIONS PROVIDED FOR IN PARTICULAR BY ARTICLES L713-1 OF THE INTELLECTUAL PROPERTY CODE, WITHOUT PREJUDICE TO ANY OTHER ACTION THAT THE COMPANY MAY TAKE.
ARTICLE 7 – RESPONSIBILITY
THE SITE WORKS 7 DAYS A WEEK AND 24 HOURS A DAY. THE COMPANY HOWEVER DISCLAIMS ANY LIABILITY IN THE EVENT OF INTERRUPTION OF THE SITE FOR REASONS OF MAINTENANCE OR UPDATING OF CONTENTS, IN THE EVENT OF TECHNICAL PROBLEMS WHATEVER THE CAUSES (VIRUSES IN PARTICULAR), IN THE EVENT OF UNAVAILABILITY LINKED TO AN OVERLOAD OR A HOSTING PROBLEM, IN THE EVENT OF IMPROPER USE BY A USER OF THE SITE (AND WITHOUT LIMITATION, ABNORMAL USE OR LOSS OF HIS IDENTIFIERS BY THE LATTER).
THE COMPANY REMINDS YOU THAT THE USE OF HYPERTEXT LINKS MAY LEAD A USER TO INTERNET SITES OR APPLICATIONS OTHER THAN THE SITE. THE COMPANY DISCLAIMS ANY LIABILITY FOR THE USE OR CONTENT OF SAID SITES OR APPLICATIONS. IT IS REMINDED AS NECESSARY THAT THE COMPANY MAY, AT ITS DISCRETION, INSERT HYPERTEXT LINKS TO ALL OR PART OF THE SITE, WITHOUT HAVING TO PROVIDE ANY JUSTIFICATION. EACH USER EXPRESSLY FORBIDDEN FROM INSERTING ANY HYPERTEXT LINK TO ANOTHER INTERNET SITE. IF A USER IS REQUIRED TO ENTER CONTENT ON THE SITE, SUCH AS OPINIONS, THE COMPANY WILL HAVE MODERATION POWER OVER SAID CONTENT AND DISCLAIMS ANY LIABILITY OF ANY KIND WHATSOEVER FOR THIS CONTENT.
THE USER ACKNOWLEDGES AND WAIVES ANY RECOURSE AGAINST THE COMPANY AND THE COMPANY CANNOT IN ANY EVENT BE LIABLE FOR:
· CONTENT, PHOTOGRAPHS AND INFORMATION PROVIDED ON THE SITE WHICH ARE PROVIDED FOR INFORMATIONAL PURPOSES. THE INFORMATION AND VISUALS PROVIDED ON THE SITE ARE INTENDED TO IMPROVE THE USER'S INFORMATION BUT DO NOT ENTER INTO THE CONTRACTUAL FIELD. THE COMPANY DOES NOT GUARANTEE THE COMPLETENESS AND ACCURACY OF THE INFORMATION PROVIDED IN THIS REGARD AS WELL AS THE SUITABILITY OF THE RENTED PRODUCTS FOR A PARTICULAR USE OR NEED OF A USER;
· SUSPENSION OR INTERRUPTION OF THE SITE OR ONE OF ITS FUNCTIONALITIES, IN PARTICULAR THE SCHEDULE FOR TECHNICAL OR MAINTENANCE REASONS;
· THE TEMPORARY OR PERMANENT UNAVAILABILITY OF A PRODUCT FOR RENTAL, A VARIATION IN THE RENTAL PRICES OF A PRODUCT FOR RENTAL OR THE (PERMANENT OR TEMPORARY) UNAVAILABILITY OF A SERVICE AVAILABLE ON THE SITE (COURSE, FREE TESTING FOR EXAMPLE) OR ITS PRICING;
· ANY DIRECT OR INDIRECT DAMAGE CAUSED TO A USER OR CUSTOMER OR TO A THIRD PARTY RESULTING FROM AN INACCURACY OR ERROR COMMITTED BY THE LATTER WHEN REGISTERING ON THE SITE OR PLACING AN ORDER, FROM FRAUD COMMITTED BY A USER OR CUSTOMER OR FROM A VIOLATION OF THESE T&Cs BY A USER OR CUSTOMER;
· ANY DIRECT OR INDIRECT DAMAGE RESULTING FROM A LOSS OR DELAY IN DELIVERY OF A RENTED PRODUCT DUE TO EITHER THE CUSTOMER OR THE CARRIER OR RESULTING FROM A CASE OF FORCE MAJEURE;
· IN GENERAL, THE COMPANY CANNOT BE HELD LIABLE FOR ANY INDIRECT DAMAGE CAUSED TO A USER OR A THIRD PARTY RESULTING FROM THE USE OF THE SITE WITHOUT IT BEING ESTABLISHED A FAULT ON THE PART OF THE COMPANY IN ITS OBLIGATIONS WHICH WOULD BE THE EXCLUSIVE AND DIRECT CAUSE OF SAID DAMAGE.
ARTICLE 8 – ABSENCE OF WAIVER – INDEPENDENCE OF CLAUSES – JURISDICTION
THE WAIVER BY A PARTY OF THE VALIDITY OF ANY OF THE PROVISIONS PROVIDED FOR IN THE T&Cs SHALL NOT CONSTITUTE A DEFINITIVE WAIVER OF THE VALIDITY OF THEM SUBSEQUENTLY. IF ANY OF THE PROVISIONS OF THE T&Cs WERE DECLARED INVALID, UNENFORCEABLE OR VOID, ALL OF THE OTHER PROVISIONS SHALL RETAIN THEIR FULL FORCE AND SCOPE AND THE PROVISIONS DECLARED INVALID, UNENFORCEABLE OR VOID SHALL BE REPLACED BY TERMS THAT COME CLOSEST TO THE CONTENT AND INTENT OF THE SAID PROVISIONS.
THESE GENERAL TERMS AND CONDITIONS ARE GOVERNED BY BELGIAN LAW AND ANY DISPUTE RESULTING FROM THE EXECUTION OR INTERPRETATION OF THE GENERAL TERMS AND CONDITIONS WILL BE SUBJECT TO THE JURISDICTION OF THE COMPETENT COURTS OF ANTWERP.