Last updated: November 10th 2017
By using our Services, you are agreeing to comply with and remain bound by the terms and conditions set in this Rental Agreement and the aforementioned documents, and you warrant that you are entitled and have the capacity to enter into this agreement with all particulars given to us being true and correct.
This Rental Agreement should be read together with Terms and Conditions. Capitalized terms, if not defined in this Rental agreement, are defined in the Terms and Conditions.
You may choose and rent up to 3 Dresses at a time. The actual rental of Dresses is subject to the calendar and size availability of such Dresses during the Renting period requested by the User.
All orders are subject to availability and confirmation of the order price. Once you place your order, we will call you to organize a delivery time at your convenience.
A contract between The Mode and User for the renting the Dresses will initiate once the payment has been approved and The Mode has debited your card.
In the event the Dress is not delivered by the requested delivery date, the User will be entitled to a refund of Rental Price and delivery charges.
Each clothing item offered on the website contains the information about the price required for the rental (the “Renting price”) shown in AED and the retail price (the “Retail price”). The Renting price paid for renting the Dress consists of the price for the rental and insurance, while the delivery is charged separately, as listed on the website.
We accept payments online using Visa and MasterCard credit/debit card in AED. When you place your rental order, you thereby authorize us to charge your payment card for the Rental Price, penalties for the late return, damages and/or total loss suffered by The Mode. If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment processor via a secured connection.
We will charge your payment card the amount of the Rental price immediately upon your rental order. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. We do not control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any order in accordance with the applicable payment terms.
You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
Payment for rental of a Dress shall be payable at the time of placing a rental order. All charges shall be payable by credit card, unless you have a valid credit account with us, in which case you may use credit as payment.
You are not entitled to set-off or withhold payment of any amounts due in the terms of this agreement for any reason whatsoever. In the case that the rented Dress is stolen, lost, or for any reason cannot be returned to The Mode, the amount of the damages and/or the total loss as suffered by The Mode is payable by the Renter immediately on demand by The Mode, as determined by the retail price of the Dress and The Mode.
Multiple shipments/delivery may result in multiple postings to the cardholder’s monthly statement. The Mode (www.themode.ae) will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE. The cardholder must retain a copy of transaction records and Merchant policies and rules.
5. Cancellation and refund policy
5.1. By you:
In order to cancel your order, please contact us at email@example.com.
You may cancel your rental order subject to the following cancellation fees and policies.
(a) If you cancel your order 3 days or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
(b) If you cancel less than 3 days in advance of the delivery date, you will not receive any refund, however, you will receive a full credit to your “The Mode” account for the Rental Fee associated with the cancelled order. This credit can be applied to any future rental with The Mode.
(c) Refunds will be done only through the original mode of payment.
6. Delivery and returns
6.1. Delivery. The shipping costs are AED 25. This includes delivery and also the return fee. We will call you to organize a delivery time at your convenience.
The Dress will be delivered to the User in accordance with the order, dry-cleaned and in excellent condition. As most of the Dresses will have been worn before, upon closer inspection, you may notice very minor faults, however we do not send out the dresses unless there is a substantial fault. You have the option to book your dress 3 months in advance.
Upon receiving the Dress, you will bear the sole risk of the dress (ordinary wear and tear excepted) until such time as the Dress is returned, in accordance with the terms of this Agreement.
6.2. Returns. The return fee is included in the shipping fee, and we will organize picking up of the Dress on the last day of the Renting period. Please note that if the Dresses is returned late, The Mode charges 10% of the retail price of the Dress for each day after the Renting period. The User hereby authorizes The Mode to charge the original mode of payment (debit/credit card) in that amount, in such circumstances.
6.2.1. In the case of usage
The dresses shall be returned to The Mode in the same condition as received, with all accessories, undamaged and in good condition, ordinary wear and tear excepted. We handle the dry cleaning of the rented Dresses.
We will contact you a day prior to the end of the Renting period to arrange a convenient time to pick up the dress. You need to put the Dress back into the garment bag it was delivered in and hand it over to the courier.
You acknowledge that failure to return the Dresses as set forth in this agreement shall constitute illegal possession of them, and The Mode may repossess the Dress wherever it may be found and from whomsoever is in possession thereof. Any costs incurred by The Mode to retrieve the Dress will be charged to the account of the User who rented the Dress in question. Moreover, The Mode reserves the right to charge a penalty for failure to return any Dresses on time.
Should the Dresses not be returned as indicated above, the Dresses may be reported as stolen to the relevant authorities, and the User will be charged one and a half times the retail price of the dress.
6.2.2. If it doesn’t fit
If the dress you ordered does not fit or you simply do not like it, we will offer you a full credit note towards another dress minus the delivery fee, providing the following:
(a)You contact us no more than 12 hours after you receive the dress.
(b)The dress has not be worn and all original hang tags are attached.
7. Obligations of the User – usage of the Dresses
7.1. The only person authorized to use the rented Dresses is the User from whom the order originated. Other people may use the dress only after the written authorization from The Mode. If the Dresses are used by a different person, then, without derogating from any rights or remedies which The Mode may have the right to use, the Renter shall remain liable for all their obligations in terms of this agreement and in particular, they shall be liable to The Mode as if they had been wearing the Dresses.
7.2. The User shall treat the Dresses with great care, and is solely responsible for loss, destruction or damage to the Dresses due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. The User shall immediately notify The Mode of any damage to the Dresses that occurs during the Renting period; If you return a Dress to us damaged, you agree and accept that we may charge you for the cost of repairing or replacing the Dress using your card on file. If the card on file is expired, reached its limit or otherwise cannot be charged, we will invoice you for the repair or replacement charges and you agree to pay these within seven days of receiving the invoice. If you fail to pay the invoice by the specified due date you acknowledge that we can commence recovery actions and pass any costs incurred in the recovery of the amount to you.
7.3. The Dresses may be used only for the Rental Period or any extended period as agreed to by The Mode.
7.4. The User shall not alter,make any additions to the Dress, or in any other manner interfere with the Dress.
7.5. The Mode will remain the owner of the Dress at all times.
8. Damages to the Dress
8.1. In the case the Dress is damaged or its value is decreased in any other way, you shall immediately notify The Mode of the manner the incident occurred.
8.2. In the unlikely event that your dress gets lost, stolen or damaged beyond repair, you will be liable to pay for the full Retail price of the dress or replaceable value. We understand that this is an unfortunate event to occur, and we will do our best to ensure that the solution found is the most favorable for you.
To do that, we determine the replaceable value of the dress through many factors: the Retail price, the possibility to buy the dress on the market, condition of the dress at the time of rental, and the Rental price amount that you have already paid for.
By using our Services, you agree that the replaceable value of the Dress shall be determined by The Mode, which is therefore final and binding towards you.
8.3. If we request that from you, you agree to cooperate with us in reporting such incident to police and/or our insurance agency in any investigation, the making or instituting of any claim or action and the defense of any prosecution, and claim or action relating to any accident, theft or damage of the Dress.
9. No warranties. The Services are provided “as is.”
9.1. The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies. This includes, but is not limited to errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
9.2. Your use of the Services is at your sole risk. The service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
9.3. We, our subsidiaries, affiliates, and or licensors do not warrant that a) the Service will function in a timely manner, error-free, uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
9.4. We reserve the right to, at any time, in our sole discretion, and without liability or notice to you (except where prohibited by law): a) change the Services and their functionality; b) restrict access to or use of parts or all of the Services; c) suspend or discontinue parts or all of the Services; d) terminate, suspend or restrict your access to or use of parts or all of the Services; e) terminate, suspend or restrict access to your Account; and (f) change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
10. LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will The Mode be liable with respect to any claims arising out of or related to the Services or this Agreement for:
a) any indirect, special, incidental, exemplary, punitive or consequential damages;
b) any loss of profits, revenue, data, goodwill or other intangible losses;
c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation, interruption of use or cessation or modification of any aspect of the Services;
d) any damages related to loss or corruption of any content or data, including without limitation User Content data;
e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or
f) any third party services or third party sites accessed via the Services, whether such liability arises from contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not we have been advised of the possibility of such loss or damage.
You agree to indemnify and hold harmless The Mode, their affiliates, respective directors, officers, shareholders, members, managers, employees, agents, representatives (including legal representatives) and controlling persons of The MODE (collectively, the “Indemnified Parties”), to the fullest extent lawful, against any and all losses, damages, liabilities, costs, and expenses, joint or several, to which the Indemnified Parties may become subject arising out of or related to any claim, demand, or cause of action (whether civil, criminal, or regulatory in nature) made or threatened by any third party against any of the Indemnified Parties as a result of a) any breach of these Terms by the User or b) any act of negligence or wilful misconduct by User, and to fund the reasonable legal expenses of the Indemnified Parties for counsel of The MODE’s choosing, in advance, upon demand by The MODE, and to reimburse the Indemnified Parties for any other expenses reasonably incurred by them in respect thereof at the time such expenses are incurred.
11. Governing law
You agree that any claim relating to the access or use of the Services shall be governed by the laws of the laws of United Arab Emirates, without regard to its conflict of law provisions.
12. Term and Termination.
These Terms shall be effective on the day you created Your Account, and shall continue and remain in effect while your Account is associated with ongoing rental.
All notices, consents, requests, instructions, approvals, reports or other communications provided for herein shall be in writing and delivered by e-mail addressed to the receiving party at the address set forth herein. All such communications shall be effective when received.
To The Mode: firstname.lastname@example.org.
To User: to e-mail address provided while registering for the Services.
14. Changes to our Terms and Conditions
We may change our Terms and Conditions from time to time. Any changes we may make to our Terms in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Terms.
15. Contact us! If you have any questions about these Terms or our Services, please contact us via email@example.com.
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