SERVICE AGREEMENT
PLEASE READ CAREFULLY THE SERVICE AGREEMENT TERMS("Terms") BEFORE ACCEPTING THE SERVICE AGREEMENT
1. DEFINITION AND SCOPE OF THE AGREEMENT
1.1 - This rental agreement ("Contract") is a distance contract pursuant to Art 50 et seq. of Legislative Decree 6 September 2005, n. 206 ("Consumer Code"). The contract has as scope the reservation, rental and sale of movable property (clothing, following "Products") between Drexcode S.r.l. (CF 08397190961; "Drexcode"), with registered office at Via dell'Annunciata 22 20121 Milan, and the customer ("Customer").
1.2 - The Contract is directly concluded through the acceptance of Drexcode’s rental agreement subscriped by the customer online, following the invitation to offer contained in www.drexcode.com webWebsite (the "Website"), and / or through other systems of chartering at distance by Drexcode, based on the procedures described in Article 4.
1.3 - In order to formulate the hiring proposal, the Customer shall register and create an account on Drexcode.com, following the procedure provided on the webWebsite . Upon registration, the Customer is required to provide its full name , e-mail address, and an alphanumeric password. Then, an account will be created by Drexcode and will be made active by sending a confirmation e-mail to the customer. Within its account, the customer will be able to invite other people by sending them an a referral link available on her account in the section "Invitations/Referral" .
1.4 - This general terms of the service ("General Terms") and, in particular, the information referred to in Art. 52 of the Consumer Code, as contained on the Website, will remain valid and effective until they are modified and / or supplemented by Drexcode. Any change and / or addition to the General Conditions will be effective from the date that will be communicated to the public and will be applied only to bookings made on or after that date. The latest updated version of the General Conditions is the one published on the Website.
2. PRODUCTS
2.1 - All products available on Drexcode.com are high quality. These products are authentic as Drexcode purchase them directly from the fashion houses and their authorized distributors.
2.2 Products characteristics are described on the webWebsite in each Product page. Images and colours of the Products may not exactly correspond to the real effect because of the Internet browser or monitor used.
3. RENTAL DURATION
3.1 - For each product the customer can choose between two rental formulas:
a. Rental for 4 days;
b. Rental for 8 days (available only on some dresses upon request, contacting directly contact@drexcode.com)
3.2 - The rental period begins on the day of delivery to the Customer at the stated address.
3.3 - The Customer may request to extend the rental by contacting Drexcode at contact@drexcode.com. The granting of the extension by Drexcode is subject to availability of the product for that period. If the dress is not available for the extension period, the customer must return it within the time originally planned. If the dress will not be returned within the original planned date the Customer will be charged a fee equal to 25% of the Rental price per day.
4. RENTAL FEE
4.1 - The rental fee of the Products displayed on the WebWebsite, as well as the prices listed in the specific section, include VAT and any other taxes (the "Rental Fees").
4.2 - The rental fee includes laundry costs for each dress
4.3 - In addition to the above fee, the customer is required to pay the lump sum of € 5 as a grant to cover the risk of damage as in the Art 12.1 of these Terms.
4.4 - Drexcode reserves the right to change fees at any time. This change will be applied to every rental after the date of change.
5. RENTAL AND PAYMENT METHOD
5.1 Upon order confirmation, the Customer will receive an e-mail from Drexcode as a summary of these conditions and the characteristics of the booked product. This e-mail will be valid as an order acceptance by Drexcode. Therefore, as long as the Customer does not receive this confirmation email, the rental agreement will not be completed.
5.2 - If, for any reasons attributable to another Customer, Drexcode is unable to deliver within the time specified in the above email, Drexcode will contact the Customer to propose a substitutive product and, in the absence of agreement, to proceed to reimbursement of expenses deducted under the following clauses.
5.3 When you place your rental order for a Product, you hereby authorize Drexcode to charge your payment card immediately upon your rental order. Moreover, you hereby authorize Drexcode to ask a payment authorization on your payment card for an upright of 500 Euros. This amount will not be charged if the dress will be returned in perfect conditions. In case of irreparable damage or failure to return, the Customer will be required to pay the amount due to compensate the damage or the loss. The Customer accepts that Drexcode charges on the provided payment card the amount due and will never prevent this procedure. In case i twill not be possible for Drexcode to directly charge the credit card the Customer will be required to provide a substitute form of payment to compensate the loss or the damage.
5.4 - Financial information (credit card number, expiration date, email address, etc.) will be automatically forwarded through encrypted protocol to Banca Sella or Adyen. Nor Drexcode neither third parties may have access to them in any way.
6. DELIVERY and TRANSPORTATION
6.1 - The shipping will be made by the courier selected by Drexcode and delivered at the address and the date indicated by the customer upon the Customer order, if not therwise agreed with Drexcode. If the courier cannot deliver at the scheduled date because the customer is unavailable , he will make a second attempt the following day. If customer still will not be available on the second attempt, the courier will leave a notice and the Customer will collect the Product at the delivery point indicated in the courier notice.
Drexcode disclaims all responsibility for any delivery delays due to customer.
6.2 – Part of the transportation’s costs, carried out in standard ways, are borne by Drexcode. If the customer requires express delivery, the charges will be borne by the Customer.
6.3 - Drexcode is not liable for any failure or delay in delivery of the Product due to the courier, to majeure forces or unforeseeable circumstances.
The Product will be delivered to the customer in the box, containing:
a. The dress with its cover;
b. The prepaid voucher for the return, to be stick on the re-usable box;
c. A leaflet detailing the dress care instruction and the return procedure, in accordance to the provisions of the article 8;
7. USE OF THE PRODUCT
The Customer agrees to treat the product with great care, in order to prevent the occurrence of damage as under Art 12.
7.1 – The Customer is fully responsable of the product starting from delivery.
8. PRODUCT RETURNS
8.1 - The Customer will return the product at the end of the rental period.
8.2 - The Customer must use the same box in which the garment was delivered. In case of loss or deterioration of the box, the Customer must provide a package at his own expenses and arrange the return shipment within the scheduled time. The customer must inform Drexcode and provide the tracking number .
8.3 - At the end of the period specified in clause 3.1 above, the Customer must re-contact the courier to organise the collection of the package to be returned. Alternatively, she can return it directly to the courier drop off centre. Drexcode indicates all the necessary information for the return of the product into the leaflet included in the box.
8.4 - If the customer is not able to use the Product ordered for a problem of size, s/he is required to contact Drexcode immediately in the section "contact us" of her/his client’s account and return the item within 24 hours following the return procedure. Drexcode will refund the rental fee, excluded shipping charges, on the credit card use for the payent or, if preferred by the Customer on the Drexcode Customer account, so that s/he can use it to future hires. The Customer should not remove Drexcode tag from the dress, otherwise, it will be considered worn and the rental fee will be charged.
9. FAILURE TO RETURN
9.1 - If the Product is returned later than what stated in thee preceding Art 3, the customer will be charged 25% of the for each day of delay of an amount equal to 25% of the Rental Price of the Product, for a maximum of 8 days.
9.2 - After this period of time, the customer will be charged an amount equal to twice the list price of the product (retail price), which is indicated in the price list available on the webWebsite, which will be deducted from the amount already paid by the Customer pursuant to the preceding clause 9.1.
9.3 – In case the product is return before the agreed rental date Drexcode will not provide any reimbursment.
10. SECOND SIZE ORDER OF THE SAME PRODUCT
10.1 - The Customer can order a different size of the garment in addition to the product chosen, if available, by selecting the appropriate action on the webWebsite.
10.2 - The item of the previous clause will be delivered to the customer together with selected Product. The product that will not be used by the Customer must be returned in perfect condition and with Drexcode tag attached, together with the other.
10.3 - To rent this extra garment, no fee will be charged to the Customer's expense, unless the tag would be removed. In this case, the cost will be charged to the customer together with that of the Product being used.
12. DAMAGING THE PRODUCT
12.1 Minor Damange are considered, according to the judgment of Drexcode’s experts, only those indicated below (hereinafter named "Minor Damage"):
a. Stains and creases of small entities that can be remedied with normal washing in laundry;
b. Loose sequins;
c. Unstitched edges;
d. Unsewing;
e. Stuck zip.
The above list is mandatory.
12.2 - Minor Damage are covered by the amount paid by the Customer under Clause 4.3 of the General Conditions. Consequently, for any Minor Damage, Drexcode will not require any reimbursement of expenses or damages.
12.3 - Damage to the product different from the same Minor Damage will be estimated case by case by Drexcode’s experts, and the full cost of repair will be charged to the Customer.
12.4 - If the repair is not possible, economically unworthy or it will make the product unusable (taking into consideration the nature of the product), the Customer will be charged 100% of the Product Retail Price as indicated on the WebWebsite.
12.5 - In the event of repeated damages as stated in paragraphs 3 and 4 by the same Customer, Drexcode reserves the right not to accept any further proposals for rental by that Customer, on the same or other Products. Drexcode will inform the Customer via e-mail of this decision.
13. COMPLAINTS
For any question or complaint contact Drexcode by e-mail at contact@drexcode.com.
14. LACK OF RIGHT OF WITHDRAWAL
The customer is not entitled to exercise the right of withdrawal provided for by Art 64 et seq. of the Consumer Code, since this contract is part of exclusion of this right contemplated by Art 55, paragraph 2, letter a), of the Consumer Code, concerning the provision of services where the performance has begun, with the consumer's agreement, before the expiry of the period for withdrawal.
15. PRODUCTS SALE
15.1 - Drexcode has the right to sell some of the dresses already hired or not. Drexcode has also the right to sell its stock on sale at the end of the season.
15.2 - A special section on the Website is reserved for such initiatives.
15.3 - The delivery cost ot the items is charged to the customer (if not otherwise stated).
15.4 - If the customer is interested in purchasing the Product hired, s/he can contact Drexcode by the email address contact@drexcode.com or calling the number +44 2032902347. Drexcode will evaluate the request depending to the availability of the product in question.
15.5 If the product doesn’t fit, it can be returned. The product can be returned up to 10 days from the purchased date. Any returned product must be in the same condition it was received and in the original packaging. After the quality check, Drexcode will provide a full refund (deducted the shipping costs) or exchange the product for another one, be it similar or not, of equal value.
15.6 On sale dresses from single price promos with more than 60% discount can not be replaced. The ammount paid is non-refundable and there are no additional discounts offered. The possible use of coupons will not be valid even if accepted by the system and it will lead to the cancellation of the order and to a new transaction.
15-7 The accessories purchased can not be replaced or be returned.
16. PROMOTIONAL CODES AND COUPONS
Drexcode reserves the right to send to the Customer, via e-mail or other means, promotional codes and coupons in order to get the benefits described. The mentioned codes will need to be applied by the Customer in the dsignated area of the Website checkout.
16.1 – The promotional codes can be applied exclusively to 1 order for each Customer, if not otherwise stated. In case the codes will be applied to more orders Drexcode will consider valide only the first order and will automatically cancel the following.
17. PROTECTION AND COMMUNICATION OF PERSONAL INFORMATION
In relation to the provisions for the protection of personal data, the Customer gives explicit act that were disclosed the information referred to in Legislative Decree no. N. 196 of 30.6.2003, and that he provided Drexcode consent to the processing of personal data within the limits and according to the criteria established by Legislative Decree N. 196/2003, in relation to the purposes necessary for the management of the contract.
18. COMPETENT JURISDICTION
The Italian law regulates the Contract. Any dispute relating to the application, execution, interpretation and breach of the Contract will be the responsibility of the Jurisdiction in which the Customer has residence or domicile, whether located in the territory of the Italian State, or the Jurisdiction of Milan if the Customer has her/his residence or domiciled abroad.