|GENERAL TERMS AND CONDITIONS FOR CLIENTS
our clothing showroom Gare des Robes (in the following referred to as "We") offers wardrobe stylists, fashion designers and companies as well as private individuals (in the following referred to as "Clients" or "You") to present their own pieces of clothing, shoes, their own designs or last-season collections (in the following referred to as "Items") in our showroom. The items will be leased to accredited stylists and for professional use only.
Please read below our General Terms and 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 is open Monday - Friday, 10 - 6pm.
Contribution of items/conclusion of contract
The agreement, which is based upon these GTC, shall be concluded upon delivery of written confirmation of the items (including receipt for items and photos) introduced into the showroom by the client.
Since one of our principles is to constantly offer new items and to keep our showroom as up to date as possible, Gare des Robes reserves its right to refuse or exclude items, which we do not expect to be a rental success, from our portfolio.
We will lease your items under our name and account to accredited stylist, for a fixed renting fee of 20% of your item"s worth (plus VAT) and 10% of your item"s worth (plus VAT) for every additional week.
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. The worth of your items shall be determined by us - with your agreement - upon introduction into the showroom and shall be binding. The worth as determined by us may positively be above the purchase price the client has paid for the item. This may apply to cases in which the item is irreplaceable (e.g. it is rare or custom-made) or wearing of the item due to rental use is predictable.
The owner of the item, you the client, shall be entitled to 30% of net proceeds of the lease.
In our showroom we ensure that the items are stored under the best conditions and are always professionally cared for. As stated under paragraph 3, the client shall be entitled to receive interest in the net proceeds of the lease as compensation for possible wear of the item due to lease and usage.
It shall be the clients burden to prove that his item has been free of faults upon introduction into our showroom and that the faults determined have occurred during storage by Gare des Robes.
All items are dry-cleaned and examined for defects upon return to the showroom. Possible mending or extra dry-cleaning will be charged to the stylist as the leaser of the item.
Your items are fully insured on our premises, i.e. we shall be liable for any defects, loss or destruction with the amount of damage compensation paid by our insurance.
While items are out "on lease" the leaser shall be liable for defects with the amount required to restore the item"s original state, for loss or destruction with the amount of 200% of the item"s worth as determined by us. Once received by us, the amount of compensation paid by the leaser will immediately be deposited into your account.
Terms of payment
For every customer we will establish an account to which we will credit your entitled share in leasing proceeds (30% of net proceeds). Credits received will be transferred to clients at the end of quarter.
Contract duration and fees
Since putting your items into our online shop is a little bit of work, we shall be entitled to charge a fee of ?1 for every item. This amount will be allocated to the credit transferred to you at the end of quarter. The minimum duration of contract shall be 3 months. Cancellation of contract during this time shall be expressly excluded.
After the duration of 3 months, the agreement may be cancelled with a notice period of 1 month.
Cancellation of contract must be made in writing.
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.
Terms of payment
For every customer we will establish an account to which we will credit your entitled share in rental proceeds (30% of net proceeds). At every end of quarter we will transfer your credit (30% of net proceeds from your items as on that day) to you.
Invoices not yet paid by leasers on the day of payout shall remain unconsidered until the end of the next quarter.
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