Terms and Conditions
- ‘’We’’, ‘’us”, “our” ‘’The Mode” refers to The Mode FZE, United Arab Emirates and any of its respective affiliates, who provide and operate the Services;
- ‘’Services’’ refers to Our website http://www.themode.ae and its products, tools, features and services therein, as further explained in the section 3.1. of these Terms and Conditions;
- “Dresses”, “Dress” means the designer dress and/or any other apparel offered for rental by The MODE and/or ordered by the User for the rental;
- ‘’You’’, ‘’Renter’’, ‘’your’’, ‘’User” refers to any person registered for our Services for the purpose of renting the Dresses, under conditions set in these Terms and Conditions;
- “Terms”, “Terms and Conditions” refers to a Terms and Conditions for use of our Services
The Mode provides Services for renting designer Dresses to Users wishing to rent such Dresses for a limited period of time (the “Renting period”) under the terms set out in the Agreement. Our Services are available only to Users who are at least 18 years old. Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website. We cannot guarantee you will be able to rent certain Dresses at any time. The actual rental of Dresses is subject to the calendar and size availability of such Dresses during the Renting period required by the User. The eligibility is further subject to our review – we reserve the right to, in our sole discretion, determine if you are eligible to use The Mode. We can cancel Accounts or decline to offer you our Services (especially if you’re abusing them). We can change our eligibility criteria at any time.
- Accounts – You can browse our Website without signing up. To access some of the features of our Services, you are required to sign up by creating an account and providing your real name, email address, date of birth and other information as prompted by registration forms (an “Account”). Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your Account. You’re responsible for all the activity on your Account, and for keeping your password confidential.
By creating an Account, you agree to receive promotional e-mails containing news, promotions, special offers and or other topics of interest related to our affiliates and us. You can choose not to receive promotional e-mails and it will in no way affect your ability to use our Services.
- How it works –
- Rental order
Once you choose the Dresses you wish to rent, you may place your order by selecting the size, period of rent and desired delivery and return date, then you will be directed to the payment screen. 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 have debited your card.
Each clothing item offered on the Website contains the information about the price required for the rental (the “Price) shown in AED The total price paid for renting the Dress shall consist of the Price, insurance and delivery charges as listed on the Website (the “Renting price”).
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 provider via a secured connection. We will charge your payment card the amount of the Rental Fee 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 don’t 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 terms of this agreement for any reason whatsoever. In the case 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. 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.
You may cancel your rental order subject to the following cancellation fees and policies. 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.
If you cancel less than 3 days advance of the delivery date, you will not receive any refund, however you will receive a full credit note 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.
We may cancel this Agreement or cancel the delivery of the ordered Dresses at any time before the Dresses are delivered by giving a written notice. Upon giving such notice, The Mode shall repay to the User any sums paid in respect of the Rental price. We shall not be liable for any loss or damage howsoever arising from such cancellation.
- 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.
- You contact us no more than 12 hours after you receive the dress.
- The dress has not be worn and all original hang tags are attached.
- 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 end of the Renting period to arrange a convenient time to pick it 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 forth in this agreement shall constitute illegal possession by them, and The Mode may repossess the Dress wherever same may be found and from whomsoever is in possession thereof. Any costs incurred by The Mode to retrieve the Dress will be for the account of the User who rented the appropriate Dress. Moreover, The Mode reserves the right to charge a penalty for failure to return any Dresses on time.
If the Dresses is returned late, The Mode charges 10% of the retail value of the Dress for each day after the Renting period. The User hereby authorizes The Mode to charge of their credit card in that amount, in such circumstances.
Should the Dresses not be returned as indicated above, the Dresses may be reported as stolen to the relevant authorities, and we will charge you one and a half time the retail value of the Dress.
- User Content.
By accessing our Services, you will be allowed to allocate certain Content to your Account (“User Content”). User Content means any and all information, data, video, images, text, documents or other materials of any type that you upload, post, email, transmit, submit or otherwise make available to or through the Service.
All Content is the sole responsibility of the User from whom such User Content originated. We will not be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, emailed, transmitted, submitted or otherwise made available via the Service. Please use our Services only to allocate the User Content you’re allowed to use. You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services.
The User Content will stay within your property. However, by registering for our Services, you grant to The Mode a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use the User Content you provided for the purposes of providing and improving Services (including, but not limited to, storing and copying User Content in order to display it to different users, make backups, transmit User Content).
- Obligations of the User – usage of the Dresses
- 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 of 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.
- 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;
- The Dresses may be used only for the Rental Period or any extended period as agreed to by The MODE.
- The User shall not alter or make any additions to the Dress or in any other manner interfere with the Dress.
- The MODE will at all times remain the owner of the Dress.
- No warranties. The Services are provided “as is.”
- 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, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
- 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.
- 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.
- 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).
- 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:
- any indirect, special, incidental, exemplary, punitive or consequential damages;
- any loss of profits, revenue, data, goodwill or other intangible losses;
- 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;
- any damages related to loss or corruption of any content or data, including without limitation User Content data;
- 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
- 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.
8.Our Intellectual Property
The Service and its original content (excluding User Content), including, but not limited to, the design, layout, look, appearance, graphics, products, features and functionality are and will remain the exclusive property of The MODE and its licensors. The Service, whether or not protected by the copyright, trademark, and other laws, may not be used in connection with any product or service without the prior written consent of The Mode
9.Third party links
Our Services may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that The Mode shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
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.
11.Term and Termination.
These Terms shall be effective on the day you created Your Account, and shall continue and remain in effect at least until 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: email@example.com
To User: to e-mail address provided while registering for the Services.
12.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.
13.Contact us! If you have any questions about these Terms or our Services, please contact us via firstname.lastname@example.org