|GENERAL TERMS AND CONDITIONS FOR CUSTOMERS
on January 5th 2009, Germany"s first online fashion showroom (in the following referred to as "Lessor" or "We") opened its doors in Hamburg!
Gare des Robes offers a truly innovative service to wardrobe stylists (in the following referred to as "Leaser"), guaranteeing a constantly updated portfolio of clothing, shoes, other creations of last-season collections (in the following referred to as "Items") as well as frictionless business cooperation.
Please read below our General Terms of Conditions (in the following referred to as "GTC"). This way we hope to avoid misconceptions and ensure a frictionless and pleasant business process for both contractual parties.
Our showroom, situated at Hohenesch 13-17 in 22765 Hamburg, is open Monday through Friday, 10 - 6pm.
Our updated portfolio can be viewed in our online showroom at www.gare-des-robes.net. Customers may send their wishlist of desired Items to the shop.
Conclusion of contract
Items can be leased from our showroom either by sending us your wishlist or by collecting the items at the shop. Requests for items made orally, telephonically or via e-mail require confirmation made in writing (e.g. via fax) by the leaser. The present conditions of contract shall be valid even in the case of default of written confirmation and are subject to the contractual relationship.
Requests or orders made by you, the leaser, shall be binding for both contractual parties by either us as lessor of the items or by the leaser or his agents. The subject matter of contract shall be as stated in our written confirmation of order.
The subject matter of contract can not be amended by confirmation or acknowledgement made by the leaser unless the lessor"s agreement is expressly declared. The principles of "silent implies consent" shall not apply to the agreement. Deviating conditions of the leaser are hereby expressly contradicted.
§ 2 Subject matter of contract
Amendments to the items as well as the re-lease of the said to a third party shall be expressly prohibited. Exceptions to this prohibition must be made in writing by the lessor Gare des Robes.
At the end of the leasing period, all items shall be returned free of faults. Any modification to the item must be indicated immediately to the lessor and no later than upon return to the shop. The leaser shall be liable for compensation for any defects.
The leaser shall be liable for the professional transport, use and storage of the leased items.
The leasing period shall begin on the day of collection or dispatch of the items at the shop and shall end when the items are returned to the shop.
An item shall be viewed as not returned until the return delivery receipt issued by us is on hand. In doubt and after expiration of the agreed leasing period, we shall be entitled to retrieve the items from the leaser without further notice or arrange the replacement of the item at the leaser"s expense.
The weekly leasing fee shall be 20% of the item"s worth as determined by us and the owner of the item plus 19% VAT (7 days). If the lease is extended, a weekly fee of 10% of the item"s worth plus 19% VAT is payable. A fixed rental fee of 10% of your item"s worth (plus VAT) per weekend shall be applicable for short-term weekend lease, e.g. for test shootings. In this case, the maximum lease period shall be 3 days.
Terms of payment
The leasing fee as stated under paragraph 4 shall be payable upon return of the items to the shop. We accept cash payment as well as cheque on account.
Every wardrobe stylist wishing to become our customer has to be accredited before being able to lease items from Gare des Robes. The stylist is required to provide his address and a copy of personal ID in order to ensure frictionless administration into our register.
Upon request, the leaser shall be required to place a deposit in the amount of the item"s worth.
All prices do not include the applicable statutory value-added tax (VAT).
Upon default of payment we shall be entitled to assert an overdue fine of the amount of 5% of the invoiced amount (no less than ?10,00 per month).
Additionally, the leaser shall be required to pay default interest in the amount of 5% or 8% p.a. in addition to the base rate of the invoiced amount.
The leaser may be charged for dry cleaning of the items to ensure they are free of defaults for the following lease. Prices for dry cleaning shall be determined by the actual dry cleaning prices. For washable items we shall be entitled to charge according to our efforts. Simple trying-on of an item may result in make-up stains or body odour residue. In the case of remaining stains even after dry cleaning, we reserve our right to charge the leaser with additional compensation, which may amount to the purchase price of the item.
Shoes shall be returned in stuffed, tied and shined condition. Otherwise we reserve our right to charge additional compensation.
Once an item is handed over to you as the leaser or one of his agents, the leaser shall be liable for the risk of accidental perishing or deterioration of the items, regardless of the actual origin of damage or fault by the leaser. The bearing of risk shall end upon return of the items including the return delivery receipt to the lessor.
Items shall not be insured by us during the leasing period. Therefore we advise the leaser to insure the items for the duration of lease on his own expense.
The leaser shall be liable for defects with the amount of the actual costs of restoration. In the case of loss or destruction the leaser is liable with the amount of 200% of the replacement costs.
In case of the items" original state (e.g. by dry-cleaning) being irrecoverable (e.g. due to contamination), the leaser shall be required to replace the item. In case of impossibility of replacement, the leaser shall be required to pay compensation in the amount of 200% of the items purchase value. Gare des Robes as the lessor reserves its right to determine whether the items" originals state is recoverable or not.
Original purchase prices shall not be an argument in said decision.
Gare des Robes shall only be liable for damages in case of intention or gross negligence.
Leased items shall be viewed as collected without fault, unless the leaser does indicate eventual faults immediately upon collection and these faults are described in writing on the delivery receipt.
Additionally, it is the leaser"s burden of proof to ensure that faults detected upon return to the shop have not occurred within his period of lease.
We ship items at the leaser"s expense. In case of shipment, the transport hazard shall be transferred from lessor to leaser, upon pick-up of the item by the carrier.
All items will be carefully packed for transport. We shall be entitled to charge the lessor for the used packaging materials as well as for hangers.
In cases of which transport has been arranged by the leaser, he shall be responsible for the correct loading and transport costs.
Liability during your time spent on our premises
We shall not be liable in case you suffer any damage, loss or destruction of clothing, bags, money in cash or any other personal property while on our premises.
Place of fulfilment and jurisdiction for both contractual parties shall be Hamburg.
Changes of or amendments to this agreement and any supplementary stipulations, including the written form requirement set forth in this clause, must be in writing.
If an individual provision of this agreement is or becomes completely or partially invalid, this shall not affect the validity of the remaining provisions. Instead, the invalid provisions shall be replaced by a provision that, as closely as possible, approximates the intended purpose.
Any legal relations between lessor and leaser are governed by the law of the Federal Republic of Germany.
Gare des Robes