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General terms and conditions of use

GENERAL TERMS AND CONDITIONS OF USE

 

PREAMBLE

ADHERENCE TO THE GENERAL CONDITIONS

OPUS FASHION GROUP (the « Company ») is a company whose main purpose is the rental in France and abroad of ready-to-wear and luxury accessories and which operates the website WWW.UNEROBEUNSOIR (the « Site ») and the brand UNEROBEUNSOIR (the « Brand »).

Any user of the Site (a « User ») is invited to carefully read the present general conditions of use (the terms of use or « TOU ») before any use of the Site and in particular any visit or search on the Site, the registration and creation of a customer account, the rental of a product on the Site. The creation of a customer account by a User (a « Customer Account ») as well as any order placed on the Site implies the User’s acceptance of the TOU, that the User acknowledges having read, understood and accepted them in their entirety and without reserve.

Any User who does not accept all or part of the TOU 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 by any User who does not comply with the TOU and/or close his/her Customer Account.

The TOU are current as of 22 May 2018. The Company reserves the right to modify all or part of the TOU at any time and without notice. The new provisions of the TOU will automatically apply to visits to the Site after such modification. Any User of the Site is therefore invited to consult the TOU during any use of the Site in order to be permanently informed of the terms and conditions of rental on the Site.

The TOU govern only the use of the Site and the rental of products on the Site and prevail over any other document, unless otherwise expressly agreed by the Company.

Any User is reminded that the Company reserves the right to suspend or modify all or part of the Site and its contents and in particular its features, services, Products for Rent or rental rates, at its discretion and without prior notice, without being held liable in this respect./p>

The TOU are enforceable during the entire period of operation of the Site.

The TOU are concluded between the Company and any User, who by his/her use of the Site, fully and without reserve adheres to the TOU and undertakes to respect the terms and conditions.

 

ARTICLE 1 DEFINITIONS

« Calendar » means the calendar in electronic format of the Site indicating the respective dates and periods of availability and reservation of a Product for Rent.

« Courier » means the post office or any other outside transport service provider ensuring the Delivery of a Rented Product to the Customer or the return of a Rented Product to the Company, and as indicated in the Order Confirmation.

« Customer » means any User having placed an Order on the Site.

« Customer Account » has the meaning ascribed to it in the Preamble.

« Order » means any reservation of a Product for rental by a User, confirmed by the Company by sending an Order Confirmation email and duly paid.

« Order Confirmation » means the summary of an Order indicating: the Rented Product, the Rental Period, the Place of Delivery, the Delivery Method, the Return Date and the fee.

« Payment Platform » means the secure payment platform on the Site. It is recalled that the payment platform is managed by a third party at the Company and that the Company shall not be liable in the event of suspension or interruption of the payment platform for reasons external to the Company.

« Product for rent» means any ready-to-wear product, bag, jewelry or accessory put for rent on the Site. It is specified as necessary that a Product means the Product itself, its label that guarantees its authenticity but also any additional attached or related accessory (belt, slip, case, brooch, pouch).

« Rental Expiry Date » means the last day of the Rental Period, and the date on which the Rented Product shall be returned to the Company.

« Rental Period » means any four (4) or eight (8) calendar day rental period of a Product for Rent selected by a Customer and confirmed by the sending of an Order Confirmation email.

« Rented Product » means any Product for Rent that is the subject of an Order..

« Site » has the meaning ascribed to it in the Preamble.

 

 

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 supplied to the Customer in good condition, with its brand label, dry cleaned, ironed and placed on a dedicated hanger and cover. Cleaning and routine maintenance are included in the rental price.

The Company reserves the right to modify the Products for Rent on the Site at any time and without notice and to remove any Product for Rent, without notice and at its sole discretion. Products for Rent are offered at a given time, depending on the season and the Company’s positioning choices and may vary according to weather and 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 in no event be liable for any difference in color perception, shape, draping or material or for styling advice provided for a Product for Rent. Each User is invited prior to his/her Order to check if the measurements indicated on a Product may suit his/her size and shape and the Company shall under no circumstances be held liable in this respect. The information available on the Site is given for information only and it is the Customer’s responsibility to verify the suitability of the Product to its size and needs. The Company does not grant any guarantee for Rented Products for a particular use.

The Products for Rent are offered for rental subject to their availability displayed on the Site Calendar. The Calendar is automatically updated with the bookings made. Nevertheless, it is still possible for rentals to be made simultaneously on the same Product for Rent. In such a circumstance, the Company will inform the Customer as soon as possible and will propose a substitute Product for Rent to the Customer. The Company declines any responsibility in case of error in the Calendar of the Site resulting from a technical problem on the Site or maintenance on the Site without fault of the Company. A Product for Rent cannot in any case be the subject of a reservation in the absence of an Order confirmed by an Order Confirmation and payment.

The fees and services offered on the Site are part of the Company’s commercial policy and may vary at the Company’s discretion. No User shall be entitled to use any service offered at any given time on the Site, to free use or to the pricing of any service or Product for Rent on the Site.

 

ARTICLE 3 – ACCOUNT CREATION AND PLACING ORDERS

Only a User who has fully and exhaustively completed his/her registration on the Site by creating a Customer Account can place an Order on the Site.

The Company reserves the right to suspend a Customer Account in the event of violation by the User of the TOU, of past non-payment, Faulty Return, in the event of a dispute with the User or suspicion of fraud.

The User must provide his/her surname, first name, address, mobile phone, email and any other information required at any time to create the Customer Account. The User expressly guarantees that this information is personal and complete, accurate and sincere. The User undertakes to protect his/her identifiers and passwords and to inform the Company without delay of any suspicion of usurpation of his/her identifiers and/or password. In the event of receipt by a third party on his/her behalf, the User must indicate the identity of the recipient as well as his/her telephone number.

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 dispatch of an Order Confirmation. If the Customer fails to receive an Order Confirmation, the Order will automatically be considered cancelled and the Company may offer the User another reservation without additional costs

The placing of an Order for a Rented Product and its reservation are subject to (i) payment of the full rental fee by credit card on the Payment Platform and (ii) authorization given to the Payment Platform to keep an imprint of the Customer’s credit card corresponding for costs of replacement or repair of a Rented Product in the event of Faulty Return or default interest in the event of late Return. In the absence of Faulty Return, this imprint will be kept until the Date of Return of the Rented Product. In the event of a Faulty Return, the imprint will be kept until full payment of the sums due for the repair of the Rented Product or until the replacement of the said Rented Product as indicated in Article 5 below. The Customer undertakes to have sufficient funds at his/her disposal to meet the above obligations.

The Company reserves the right to refuse any Order in the event of a previous Faulty Return by the User or a dispute with such User.

Any Order is final as from the sending of the Order Confirmation by the Company. No cancellation or refund may be requested by the Customer. However, on a commercial basis, and in the event that the Customer is unable to take advantage of the Rented Product for objective reasons beyond his/her control (accident, illness, etc.) duly justified to the Company, the Company may grant the Customer a credit note on a future rental within the time limits set by the Company./p>

Delivery costs will be invoiced in addition to the Order, under the conditions described in more detail on the Site. Deliveries are made on the usual days and times (working days and times) of the chosen Courier service.

In all cases where a Rented Product is sent by the Courier, the Courier’s stamp of delivery of the Rented Product shall be deemed authentic. It is recalled that the Company uses external Couriers and that the shipping times are given only as an indication. Under no circumstances shall the Company be held liable in the event of a delay of a delivery attributable to the Courier. It is also the Customer’s responsibility to correctly and completely fill in his/her delivery address, access codes, floor, building number and to be present at the time of Delivery or, failing this, to have previously filled in the name and telephone number of the person receiving the Delivery. The Company shall in no event be liable in the case of failure to deliver due to the Customer’s absence or error in the delivery details. Any cost linked to a return to the Company for the impossibility of Delivery and the possible costs of re-sending will be the exclusive responsibility of the Customer and will not be able to give rise to a cancellation of Order.

A Rented Product is deemed to be placed in the Customer’s possession and delivered when the Rented Product is made available by the Courier, the Courier’s tracking system being proof.

The Rented Product is delivered to the Customer in a dedicated protective packaging. The Customer must check the conformity of the Rented Product to his/her Order upon delivery. In the event of non-compliance, the Customer must address his/her reservations without delay to the Company and refuse delivery. If the Customer fails to refuse delivery as indicated above, the condition of the Rented Product shall be deemed to be in conformity with the Order and satisfactory to the Customer.

 

 

ARTICLE 4 – RIGHT OF WITHDRAWAL/span>

In accordance with Article L. 121-21-8 of the French Consumer Code resulting from law n°2014-344 of 17 March 2014:

“The right of withdrawal cannot be exercised for contracts:

1° for the provision of services fully performed before the end of the withdrawal period and whose performance has begun after prior express consent of the consumer and express waiver of his right of withdrawal (…).”

On the Site and at the time of the Order, the User expressly waives his/her right of withdrawal.

 

 

ARTICLE 5 – RENTAL CONDITIONS AND KEEPING OF THE RENTED PRODUCT

It is reminded as necessary that any Product for Rent remains the sole property of the Company, which is expressly acknowledged by each User and Customer. The rental entails the transfer of the sole right of use to the Customer for the Rental Period provided that such use is made in accordance with the TOU.

The Customer undertakes to keep the Rented Product with the greatest care by taking all necessary measures to ensure its integrity. The legal and material custody of the Rented Product is transferred to the Customer during the Rental Period, the Customer undertaking to behave as a reasonable person and in accordance with the law. The Customer undertakes to use the Rented Product in accordance with its intended purpose and to not leave it unattended or within reach of small children.

The Customer undertakes not to clean, alter, modify (directly or through a third party) any Rented Product, not to carry out any retouching or sewing, not to modify the color, length (especially straps), the labels, or any aspect of the Rented Product./p>

The Customer undertakes to keep the Rented Product in a dry and clean place, protected from humidity, sun and dust. The Customer undertakes to wear the Rented Product taking into account its fragility and its own characteristics. As an example, a dress with a train is not intended to be worn during events gathering a large audience in a restricted setting and therefore likely to generate trampling / tearing. Any retouching may only be carried out by the Company and only the internal retouching service may be used on a Product for Rent.

It is reminded that the dry cleaning upon return and routine maintenance (common stains, detached buttons for example) is included in the rental price. The Customer is prohibited from cleaning by himself or herself or by an outside service any stain on a Rented Product. Any attempt by a Customer to clean or repair shall constitute a Faulty Return and the Customer authorizes the Company to charge the Repair Cost or the Replacement Cost in the event of cleaning or repair in violation of the TOU.

The Customer undertakes 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 undertakes to use the Rented Product solely for personal use, to the exclusion of any commercial use, unless expressly authorized by the Company.

In case of destruction, loss or theft, the Customer must immediately inform the Company by email at contact@unerobeunsoir.com or 07 64 59 22 64 and in case of theft, report the theft to the police station within 24 hours of the occurrence of theft. The Customer must provide the Company with a copy of the theft report.

The Customer undertakes to return the Rented Product at the latest on the Rental Expiry Date. Any exceedance of the Rental Period shall give rise to the Customer being invoiced a fixed penalty for late payment of thirty (30) euros per day (including taxes) per Rented Product and expressly authorizes the Company to use the credit card imprint taken at the time of the Order in order to deduct the late payment penalties. In the event of delay exceeding seven (7) calendar days from the Rental Expiry Date of the Order, the Customer authorizes the Company, after prior formal notice by the Company sent by email and remaining without effect, to take from the credit card imprint the equivalent of 100% of the public purchase price of the Rented Product, or failing the availability of the Rented Product, 100% of the public purchase price of a product equivalent to the Rented Product (hereinafter the « Replacement Cost »).

Any return (i) of a Rented Product in a condition different from that in which it was dispatched by the Company or (ii) of a product different from the Rented Product for any reason whatsoever constitutes a « Faulty Return ».

The Customer undertakes to inform the Company without delay in the event of alteration or deterioration of a Rented Product, it being specified that only the quality control carried out by the Company at the time of the return will be authentic. Upon a Faulty Return, the Company will notify the Customer by e-mail of any damage noted during the quality control on the Rented Product. In the event of deterioration of a Rented Product requiring additional treatment to the product caused by the normal use of the Rented Product as a reasonable person (such as a simple stain to remove, the sewing of a loose button or an undone hem), the Company will proceed to estimate the cost of additional repair or cleaning and will notify the Customer of the charge (the « Repair Cost/u> »). The Customer expressly authorizes the Company to deduct the amount of the Repair Cost from the credit card imprint consented to at the time of payment of the Order on the Site.

In the event of damage such that the Rented Product cannot be re-rented (notably tears, high heel holes, cigarette burns, permanent 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 credit card imprint consented to at the time of payment of the Order on the Site.

In the event of the return of a product other than the Rented Product and in particular a counterfeit product, the Customer expressly authorizes the Company to deduct the amount of the Replacement Cost from the credit card imprint consented to at the time of payment of the Order on the Site, without prejudice to any legal action that the Company may take.

The Customer expressly undertakes to take all necessary measures and allow the Company to recover the Repair Cost or the Replacement Cost.

 

 

ARTICLE 6 – INTELLECTUAL PROPERTY – COOKIES

The Brand and the entire contents of the Site (slogans, punchlines, photographs, videos, animations, drawings, graphics, logos, pictograms and texts, amongst others) 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 such content and rights without the express consent of the Company (and, without limitation, any deeplink) constitutes an infringement exposing its author to the penalties provided for by Articles L. 713-1 of the French Intellectual Property Code, without prejudice to any other action that the Company may take.

 

 

ARTICLE 7 – LIABILITY

The Site operates 7 days a week, 24 hours a day. Nevertheless, the Company declines all liability in the event of Site interruption for reasons of maintenance or content update, technical problems whatever the causes (notably viruses), unavailability linked to an overload or a hosting problem, or misuse by a User of the Site (and, without limitation, abnormal use or loss of his/her identifiers by the User).

The Company reminds users that the use of hypertext links may lead a User to websites or applications outside the Site. The Company is not liable for the use or content of such sites or applications. It is reminded as needed 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 agrees not to insert any hypertext link to another website. If a User is required to enter content on the Site, such as a review, the Company will have a moderating power over such content and declines any liability whatsoever for such content.

The User acknowledges and waives any recourse against the Company and the Company shall not be held liable regarding:

  • The content, photographs and information provided on the Site which are provided for information purposes only. The information and visuals provided on the Site are intended to improve the User’s information but do not enter into the scope of the contractual terms. The Company does not guarantee the completeness or accuracy of the information provided in this respect or the suitability of the Rented Products for a particular use or need of a User;
  • The suspension or interruption of the Site or one of its features, in particular, the calendar for technical or maintenance reasons;
  • The temporary or permanent unavailability of a Product for Rent, a variation in the rental prices of a Product for Rent or the unavailability (permanent or temporary) of a service available on the Site (Courier, free fitting for example) or its pricing;
  • Any direct or indirect damage caused to a User or a Customer or to a third party resulting from an inaccuracy or error committed by the latter during his/her registration on the Site or from an Order or a fraud committed by a User or a Customer or from a violation of these TOU by a User or a Customer;
  • Any direct or indirect damage resulting from a loss or delay in the delivery of a Rented Product caused by the Customer or the Courier or resulting from a case of Force Majeure;
  • In general, the Company may not 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 that the Company has breached its obligations in such a way that it is the exclusive and direct cause of such damage./li>

 

 

ARTICLE 8 – NO WAIVER – INDEPENDENCE OF CLAUSES – JURISDICTION

A Party’s waiver of claim to any of the provisions of the TOU shall not constitute a definitive waiver of claim for the future. If any provision of the TOU is held invalid, unenforceable or void, all other provisions shall remain in full force and effect and the provisions held invalid, unenforceable or void shall be replaced by terms closest to the content and intent of such provisions.

The TOU are governed by French law and any dispute arising from the performance or interpretation of the TOU shall be subject to the jurisdiction of the competent courts of Paris.

 

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