Terms and Conditions
These terms and conditions apply to all claims resulting from and in relation to a rental contract between the supplier (lessor) and the lessee in the version valid at the time of the finalisation of the contract. The contract parties are the lessor (RAGFAiR GmbH) and you (the lessee). By registering for a RAGFAiR service you agree to RAGFAiR’s terms and conditions and are contractually committed to them. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE RIGHT TO MAKE AMENDMENTS IS RESERVED.
1§ Contract Formation
Completing the registration process on http://www.ragfair.ch makes the following terms and conditions apply to rental contract. The lessee is obliged to immediately inform the lessor of any changes in the details provided during registration (address, credit card, etc.). The lessee confirms to have acknowledged the applicable fees as well as the terms and conditions between him and the lessor. The contract comes into being through a confirmation via e-mail from the lessor to the lessee.
2§ Contractual Parties
In the case of a contract formation, the contract is formed with RAGFAiR GmbH, c/o Impact Hub Zürich, Viaduktstrasse 93-95, 8005, Zurich, Switzerland Owner: Natalia Pinskaya, Sergii Radziminovych Tel.: +41 78 645 1875 E-Mail: email@example.com Website: www.ragfair.ch Registered with Amtsgericht Zürich under HR Number: CHE-25.1928.758
(1) Rent The following rental provisions apply to orders through our web shop http://www.ragfair.ch. Each rented piece remains the property of the lessor and must be returned to him. (2) Costs and Payment The rental fee is to be paid in advance via advance bank transfer, credit card issued by an internationally recognised credit card company (VISA, MasterCard) or online payment system (PayPal). The rental fee is charged in Swiss Francs and no other currencies are accepted. As part of the lessee’s registration, the lessor automatically conducts address verification. (2.1) UNLIMITED The contractually agreed fee of 129 Swiss Francs (CHF) per month generally holds as the rental cost. The lessor deducts the fee from the bank account, provided during contract finalisation, on a monthly basis. By registering for the subscription the lessee agrees to a continuous direct debit. (2.2) RENT The prices specified for each product at the ragfair.ch/rent are contractually agreed rental cost. The prices are per unit and may vary depending on the type, model and label. (3) Credit Card Billing Authorisation By agreeing to the contract, the lessee authorises the lessor to irrevocably bill all rental fees from the payment method listed by the lessee and, if necessary, any other costs related to loss and repair. (4) Cleaning and Hygiene The lessee is obliged to send back the rental goods to us in good condition (aside from normal signs of usage). All clothes will be professionally cleaned by the lessor and are ready to be worn by the lessee upon delivery, which will be verified before shipment to the lessee. Complaints due to defects or due to incomplete or incorrect delivery are to be communicated immediately in written form and at the latest 2 days after delivery. The lessee is not permitted to clean the rental good or to have it cleaned professionally. RAGFAiR is not liable for any potential health damages in relation to the rented pieces. (5) Ordering Process (5.1) UNLIMITED When the lessee subscribes to the RAGFAiR subscription, he/she is to choose 3 rental goods and add them to his personal shopping basket (“wardrobe”). By pressing the “rent” button, the lessee concludes the selection process and the package will be delivered to him. It is to be noted that a maximum of three rental goods can be rented by one person at a time. Then, the lessee sends the rented pieces back with the return postage and selects new pieces again. The lessee can also send back 1, 2 or 3 rental goods individually and order return pieces again in the corresponding amount. (5.2) RENT To proceed with the order, you add the desired products to your wardrobe, select the rental dates and complete the check out form. By pressing the “rent” button, the lessee concludes the selection process and the package will be delivered to him. (6) Rental Duration (6.1) UNLIMITED The rental duration of the rented goods is unlimited. In rare cases the lessor can demand back individual rental goods. (6.2) RENT All ordered products must be shipped back on the return date specified while ordering. Otherwise additional fee in amount of the order price will be charged.
4§ Delivery, Returns and Shipping Costs
(1) Unless not clearly stated otherwise in the product descriptions, all our offered pieces are ready to be shipped immediately. Within Switzerland, shipping is handled by Swiss Post. Shipping takes approximately 2-4 working days, but delays are reserved. If the order concluded on a Saturday, Sunday or a public holiday, the shipping date is transferred onto the next working day. (2) RAGFAiR ensures that return postage label is enclosed in every delivered package. RAGFAiR does not bear liability for the return shipment. By agreeing to the terms and conditions, the lessee also agrees to cover any costs related to lost or damaged return packages. (3) Shipping Costs (3.1) UNLIMITED The incidental costs due to delivery, packaging and insurance of the goods, as well as the return, are covered by RAGFAiR. Subsequent order and shipment of the new piece(s) only occurs after the old ones have been received at RAGFAiR’s logistic centre. (3.2) RENT The incidental costs due to delivery, packaging and insurance of the goods, as well as the return, are covered by RAGFAiR. The customer is obliged to return rental items to us at the end of the rental period. For this purpose, he has to use the delivery address, an addressed return label as well as the original packaging.
5§ Liability of the Lessee
The lessee agrees to carefully look after the goods handed out by RAGFAiR. The lessee is responsible for the loss of or any damages related to the goods that go beyond normal signs of wear. Normal signs of wear are removable stains, small rips, missing buttons or open seams. The lessee agrees to pay the repair or replacement cost for the piece as demanded by us if the damages go beyond normal signs of wear. The lessee bears liability for all damages that result from wilful or negligent behaviour. If the lessee gives his rental goods to a third party, he is to treat their behaviour of the goods as his own and bears complete liability for any damages resulting from this.
6§ UNLIMITED Contract Duration and Termination
(1) Contract Duration The subscription may be cancelled any time. The running rental month is always billed fully. The cancellation becomes valid when all of RAGFAiR’s properties have returned to its inventory. The contract duration is automatically renewed by 1 additional month if the rented goods are not back in the lessor’s inventory until the last day of the duration of the contract. (2) Cancellation is to be carried out via email to firstname.lastname@example.org. RAGFAiR reserves the right to immediately cancel the contract with lessees with poor payment practice and to demand back the rented goods, or to charge additional fees for missing return shipments. Furthermore, RAGFAiR reserves the right to end individual contracts for other reasons with immediate effect.
7§ Money-back Guarantee
(1) The money-back guarantee applies exclusively in the case of a written cancellation by e-mail to email@example.com explaining the reason for refund. (2.1) UNLIMITED The lessee has right to cancel the service within first 14 days, with a full refund of the purchase price. The 14-days-period begins from the order confirmation and only applies to the first order. After successful receipt of the rented items by lessor within a period of 14 days, and if all above mentioned conditions are fulfilled, the full purchase price will be refunded to the lessee. (2.2) RENT The order can be completely cancelled before it was shipped. The value of the order will be credited to the original payment method. If the order cancellation is made after it was shipped, you will be refunded the rental fee value. Shipping fees will not be refunded. (3) The lessee is entitled to the money-back guarantee only if the rented items have been returned to RAGFAiR GmbH without signs of use, without a loss or any damage. For the return the enclosed return label shall be used.
8§ Lessee’s Personal Data
The lessee agrees to the storage of his personal data by the lessor under observance of the relevant data protection laws. The lessor ensures the safe use of personal data, which may not be passed on to third parties and is to be exclusively used for the order of the relevant rental good in accordance with Swiss data protection laws.
9§ Invalidity or Partial Invalidity; Language
Partial or complete invalidity or voidness of one or more provisions of the rental contract, including these terms and conditions, does not affect the validity of the remaining provisions. Possibly invalid provisions or provisions which have become invalid are to be replaced during the implementation of the contract by provisions which comes as close as possible to the intended purpose of the invalid provisions.
The lessor is to explicitly notify the lessee of any possible amendments concerning these terms and conditions and to allow the lessee to take notice of the amendment. The lessee is entitled to object to the amended terms and conditions within a time span of four weeks upon receipt of the notice, unless the amendment concerns a subsequent occurrence of a disturbance of equilibrium or a legal loophole and is determined in such a way that it satisfies the requirement for transparency. The lessor is to inform the lessee of his right of revocation along with the opposition period and the legal consequences in the case that he decides not to act on his right of revocation.
11§ Exclusion of Liability for Links and Referrals
For direct or indirect referrals to external websites (“hyperlinks”), which lie outside of the zone of responsibility of RAGFAiR, RAGFAiR only bears liability if it is aware of the websites’ contents and if it would have been technically possible and feasible for RAGFAiR to have prevented any of the unlawful content. The lessor explicitly declares that no unlawful contents were detectible on the linked pages at the time that the links were placed on the website. RAGFAiR has no influence whatsoever on the current and future layout, content or authorship of the linked / referred pages. Thus, RAGFAiR hereby distances itself explicitly from any and all content of the linked / referred pages which have been modified after the links had been added to the website. This applies to all links and referrals within RAGFAiR’s own internet presence, as well as to third-party entries in guest books, discussion forums, link aggregates, e-mail lists and all other forms of databases which can be accessed and edited externally. The owner of the page to which a link refers is the sole bearer of liability for any illegal, incorrect or incomplete content, and particularly for damages resulting from the use or lack of use of any such information, and not those who merely referred to the relevant publications via links.
Copyright RAGFAiR. The website and all of its contents, such as the software, logo or symbols are the property of RAGFAiR. The images on the pages of our online shop and the therein contained pictures enjoy copyright protection in accordance with § 231.1 Chapter 5, Art.19 of the Swiss Federal Law on copyright and related rights. The publishing, reproduction, distribution or imitation of any contents is only permitted upon written approval by RAGFAiR.
13§ Applicable Law and Jurisdiction
Swiss law, with the exclusion of international privacy rights, applies exclusively to this rental contract. Zurich is the jurisdiction for all disputes between the lessee on one side and the lessor on the other side. The lessor, however, remains entitled to call upon any other responsible court.