Terms and conditions of E-Garderobe.com
DEFINITIONS
The meaning of terms used herein:
- Site - a site for the rental of garments and clothing accessories at: http://www.e-garderobe.com, owned and administered by E-Garderobe;
- E-Garderobe - E-Garderobe Sp. z o.o. with its seat in Warsaw, ul. Mokotowska 45/7, 00-551 Warszawa, entered into the National Court Register under KRS number: 0000723320, registry court: District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, NIP: 5252743364, REGON: 369702035, share capital: PLN 5,000.00, acting as the owner and administrator of the Site;
- Terms and definitions - this document and any attachments and supplements hereof, specifying the rules for the provision and use of services provided by E-Garderobe as well as the rights and obligations of the User and E-Garderobe;
- User - a natural or legal person or unincorporated organizational unit, with legal capacity granted by law, which uses the site, thus concludes a rental agreement with E-Garderobe to rent the Item via the Site and who is a beneficiary of other services electronically provided described herein;
- Consumer - a natural person who performs a legal action with E-Garderobe not directly related to its business or professional activity;
- Entrepreneur - a natural or legal person or unincorporated organizational unit, with legal capacity granted by law, conducting business or professional activity on its own behalf, performing a legal action with E-Garderobe directly related to its business or professional activity;
- Supplier - a carrier acting on behalf of E-Garderobe, who is responsible for the delivery and return of the Item;
- Account - a part of the site dedicated to the User, available upon
logging in, where the User's data is collected, including Orders information;
- Registration - the procedure for setting up a User Account on the site by completing the Registration form;
- Login - a unique name of the User provided by him in the Registration process, entered by the User each time upon logging to the Account;
- Item - a movable item - garment or clothing accessory - which is offered to Users by the Service Provider on the site and which may be the subject of a rental agreement concluded between the User and E-Garderobe, in accordance with the provisions herein;
- Order - User's declaration of will submitted on the site, aimed directly at concluding an agreement with E-Garderobe, on the basis of which the User rents the Item;
- Gift Card - a type of voucher that the User may purchase on the site, entitling the User or a third party indicated by him to make payments for the rental services provided on the site;
- Subscription - a service package entitling the User to rent Items on the site on preferential terms, settled on monthly basis;
- Privacy Policy - rules for the processing of User's personal data by E-Garderobe with regards to the functioning of the site;
- E-Garderobe packages - a one-time rental service for groups of 2 to 10 people.
- Fitting - the service of fitting of E-Garderobe garment, rented for 24 hours, without removing labels and security tags.
GENERAL INFORMATION
- The provisions of this Terms and Conditions define the rights and obligations of the Users and E-Garderobe, as well as the rules of operation of the site and its services, in particular registration process and the rules for using the Account, the terms and conditions for submitting Orders via electronic means, the Customer's right to cancel the Order and withdrawal from the contract concluded with E-Garderobe, rules for submitting and considering complaints.
- The site available at http: //www.e- garderobe.com is operated by E-Garderobe Sp. z o.o. with its seat in Warsaw, ul. Mokotowska 45/7, 00-551 Warszawa, entered into the National Court Register under KRS number: 0000723320, registry court: District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, NIP: 5252743364, REGON: 369702035, share capital: PLN 5,000.00.
- On its site E-Garderobe provides a rental service of exclusive garment and clothing accessories (Items) and other electronically provided services indicated herein. The Item rental agreement concluded through the site is a rental agreement within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws of 2018, item 1025, as amended).
- A conclusion of a rental agreement does not transfer the ownership of the Item by E-Garderobe to the User, but only establishes the right to use the Item for a specified period under the conditions specified herein. E-Garderobe remains the sole owner of the rented Item.
- Users can contact E-Garderobe using the details below:
e-mail: info@e-garderobe.com, phone: +48 662 407 375
or:
E-Garderobe Sp. z o.o.
- Mokotowska 45/7, 00-551 Warszawa, Poland
- Users are banned from providing content that is inconsistent with applicable law, contrary to the principles of social coexistence or morality, including content that violates personal rights and other rights of third parties during their activities on the site. The User is obliged to refrain from any activity that could adversely affect the proper functioning of the site, including any interference with its content or its technical elements. It is also forbidden to use the site for purposes contrary to its intended use, including sending spam, as well as conducting any commercial, advertising, or promotional activities. The User undertakes not to infringe the intellectual property rights of E-Garderobe or third parties related to the operation of the site and the offered Items. Moreover, The User is obliged not to take actions aimed at obtaining access to data of the site, to which he is not entitled, by breaching security, in particular.
- Information on the processing of personal data and the use of cookies on the site can be found in the Privacy Policy available in the corresponding tab.
- The information contained on the site relating to Items (including prices) does not constitute an offer within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws of 2018, item 1025, as amended), but constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code. The information become binding - for the purposes of concluding a rental agreement of Items - upon Order acceptance from E-Garderobe.
- E-Garderobe shall not be liable for any disruptions in the functioning of the site (including interruptions in functioning) caused by force majeure, unlawful actions of third parties or incompatibility of the site with the User's technical infrastructure, to the fullest extent permissible pursuant to applicable law.
TERMS AND CONDITIONS OF SITE USAGE BY THE USER
- To start using the site the User must read and accept this Terms and Conditions.
- The User, in order to use the site, needs to have an end device with access to the Internet (e.g. computer, tablet, smartphone) and a web browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in the updated version. Moreover, to utilize some of the site's functionalities, including Registration, as well as placing Orders, the User need to have an active e-mail account.
- The site uses cookies. All information regarding the use of cookies can be found in the Privacy Policy available in the corresponding tab.
- Users of the site may be natural persons capable of concluding binding contracts in the light of applicable law, and legal persons or unincorporated organizational unit, with legal capacity granted by law.
ACCOUNT REGISTRATION
- To place Orders on the site, the User needs to create the User Account.
- The account is created after the correct Account Registration process is carried out by the User. As part of the Account, the User's data, and information regarding its activities on the site, including Orders details, are collected.
- The Account management service provided by E-Garderobe is free of charge and indefinitely.
- Account registration requires filling in the interactive Registration form and following the steps displayed during the Registration process.
- During the Registration process, the User affirms having read this Terms and Conditions, therefore understands, and accepts all its provisions, and undertakes to comply with them.
- After the Account registration, the User receives an e-mail from E-Garderobe on the creation of the Account.
- The User logs into the Account using the Login and password provided by the User in the Registration process.
- The password may be changed by the User after logging into the Account.
- The User is obliged to protect the password and Login against their acquisition or use by an unauthorized person. The User is solely responsible for releasing the Login and password to third parties. To prevent unauthorized persons from obtaining the Login and password, the User should each time after ended session log out of the Account.
- Creating an Account means concluding an agreement on the Account maintenance using electronic services for an indefinite period between the User and E-Garderobe.
- The User may terminate the Account maintenance agreement at any time by sending a notice of termination to E-Garderobe in writing or to the email addresses indicated in Section II herein. The Account shall be deleted upon the receipt of a termination notice by E-Garderobe without any delay. The User may also delete the Account himself, after logging in to the Account and selecting the appropriate tabs, which constitutes termination of the Agreement on the Account service provision.
- The User is obliged to update the Account data to ensure its correctness.
- If the User uses the site in a manner that violates the law, the provisions herein, the provisions of the concluded rental agreement, the rights of third parties or in a way that interferes with its functioning, E-Garderobe is entitled to terminate the Account service agreement. In the situations described above, E-Garderobe may, instead of terminating the Agreement temporarily block the User's Account.
- E-Garderobe may submit a statement on the termination of the Account service agreement by sending it to the User's e-mail address registered on the site.
- Termination of the Account service agreement by either Party, as well as termination upon mutual consent, shall result in the removal of the User Account from the site.
- Termination of the Account service agreement by either Party, as well as termination upon mutual consent, shall not affect the rights acquired by the Parties prior to the termination of the agreement.
ORDER EXECUTION
- Orders are executed by E-Garderobe on the territory of the Republic of Poland.
- To rent an Item, the User places an Order on the site. Order placement requires setting up an Account by the User.
- The User may place Orders 24 hours a day, 7 days a week, with the stipulation that their processing take place on business days, which are considered from Monday to Friday, except for public holidays.
- To place an Order, the User selects an Item from the offer available on the site by ‘adding’ it to the virtual basket. Then, the User fills in the Order form, following the steps generated by the system.
- For the proper execution of the Order the User is obliged to provide correct and truthful data. E-Garderobe is not responsible for incorrect execution of the Order (including failure to deliver or delay in delivering the Item) due to reasons attributable to the User, especially incorrect or incomplete data provided by the User necessary to perform the Order.
- After placing the Order, the User receives an e-mail notification, to the address provided during registration, on the receipt of the Order by E-Garderobe.
- In the following e-mail sent to the User, E-Garderobe confirms the acceptance of the Order for execution. Upon receipt of this confirmation email an Item rental agreement is concluded between the User and E-Garderobe, being the basis of Item rental for a specified period of time.
- The User has the right to cancel the Order only before confirmation email from E-Garderobe on the acceptance of the Order for execution. In this instance the User should immediately notify E-Garderobe of the cancellation of the Order.
- E-Garderobe proceeds with the Order execution after the payment booking on the E-Garderobe bank account.
- Duly paid and accepted Orders placed by 3:00 pm on a given business day are processed on the same day. Orders placed on Fridays after 3 p.m. are processed on the first working day following Saturday and Sunday. The implementation of the Order is understood as handling of the completed Order to the Supplier for delivery to the address provided by the User.
- Upon delivery of an Item to the User a payment confirmation or a VAT invoice for the rental price is sent to the e-mail address of the User.
- The period of renting the Item is 4 or 7 calendar days, and the first renal day is the day of delivery of the Item to the address provided by the User.
- The User returns the rented Item on the last day of rental. If the last rental day is a bank holiday, the item should be returned on the first working day following the bank holiday.
- Extending the rental period of an Item requires the approval of E-Garderobe and calculating fee for another rental period which each time is individually agreed with the User.
- If the User fails to collect the Item on the agreed date, despite the delivery in accordance with the Order, the price and duration of the rental of the Items remains the same. Therefore, the rental period remains unchanged and is counted from the first day of rental indicated in the Order. The User needs to contact the Supplier directly to establish a new delivery date.
- If the execution of the Order is not possible within the time limits indicated in point 10 hereinabove, the User is notified by an e-mail or by phone. In such a situation, the User has the right to:
- select a different renting period of the same Item, provided that it is available on the selected date;
- select another Item for rent, provided that the Item is available on the selected date. If there is a difference in the rental price between the originally selected Item and a new one the User is, depending on the situation, required to make a surcharge in the amount of 100 PLN, or is entitled to a refund to a gift card from E-Garderobe, which will be done in the same manner as payment made by the User, unless both parties agree otherwise.
- resign completely from renting the Item. If the User resigns from renting the Item E-Garderobe returns the payment in the same manner as payment made by the User, unless both parties agree otherwise. If the rental of the garment is made at the company's site, the return for the resignation made within 24 hours shall be transferred to the gift card. The gift card is valid for 1 year
- If the Order cannot be executed due to the permanent unavailability of the Item, E-Garderobe immediately, but not later than within 3 days upon establishing the Item unavailability, notifies the User of this situation and returns the payment in the same manner as payment made by the User, unless both parties agree otherwise.
PRICES AND PAYMENT METHODS
- All prices presented on the site are gross prices (including VAT) expressed in Polish zlotys. These prices do not include the cost of delivery of the Item.
- The amount of PLN 10.00 is added to the rental price of each Item as compulsory insurance for the repair of minor damage to the Item.
- The total cost of the Order, including the price of renting the Item, compulsory insurance charge for the repair of minor damage of the Item and delivery costs, are indicated during the Order placement and visible to the User before concluding the Item rental agreement.
- The following forms of payment for Orders are available:
- online payment by debit/credit card
- fast electronic transfer (Tpay.com)
- payment using a Gift Card
- Google Pay and Apple Pay
- The User may pay for a given Order, combining Gift Card and other payment methods indicated in point 4 hereinabove.
- If E-Garderobe doesn’t receive payment to is bank account within 24 hours upon Order placement means cancelling the Order. The User receives an e-mail on the Order cancellation.
- E-Garderobe reserves the right to change the prices of Items offered on the site and to announce and cancel promotional campaigns or sales. The above right does not affect Orders placed before the effective date of the price change, promotional campaign conditions or sales.
DELIVERY
- The only available form of delivery of the Items ordered by the User is shipment via Supplier, who is the operator of courier services.
- The User is informed about the costs of delivery during Order placement and are visible to the User before concluding the contract for the rental of the Item.
- The delivery costs are borne by the User and the return of the Item in this case is free of charge. If the User collects the item in person and thus does not pay for the delivery, however, wants to return it using courier service is obliged to pay for the return of the Item.
- The item is delivered to the address provided by the User during placing the Order.
- The User gets the parcel number for tracking from the Supplier to the e-mail address provided in the Order.
- The User is obliged to collect the Item delivered in accordance with the Order.
- If the User fails to collect the Item delivered in accordance with the Order it is the User who needs to contact the Supplier directly to establish a new delivery date.
- The delivery time of the Item to the User consists of order execution (putting the Order together, its shipment preparation and handling over to the Supplier) and the time of delivery of the Item by the Supplier.
- The delivery time by the Supplier is, at the longest, 2 working days from the moment of handing over the Order by E-Garderobe to the Supplier.
- E-Garderobe is not liable for the improper delivery of the Item to the User - including failure to deliver or delay - resulting from reasons attributable to the User, especially incorrect delivery address provided by the User.
- The user is obliged to examine the condition of the ordered Item immediately after its delivery. If the parcel is damaged, the User is obliged to immediately inform both the Supplier and E-Garderobe and write up the appropriate protocol in the presence of the Supplier's employee confirming the incorrect condition of the shipment.
HANDLING THE ITEM BY THE USER AND LIABILITY
- All items offered on the site are in proper technical and aesthetic condition and are free from any defects.
- Each Item is insured against the repair of minor damage, such as a lock damage or detachment of a button, and removable dirt. In the above scope, the User is released from liability towards E-Garderobe.
- Upon the receipt of the Item until its return, the User is responsible for loss (including theft), damage or destruction of the Items.
- The User may not independently interfere with the Item nor commission such interference to third parties, in particular:
- cleaning the Item in any scope and in any way, in particular washing it;
- ironing, except for using the steamer to avoid touching the fabric;
- making any tailoring corrections to the Item, regardless of their nature and scope;
- In case of any doubts as to the condition of the Item or way of proper handling it, the User is obliged to contact E-Garderobe before taking any actions.
- The User is not entitled to make the Item available to third parties for use.
- If the User breaches the provisions 4, 5 or 6 hereinabove, the User is fully liable for any damage, destruction, or loss (including theft) of the Item.
- The User undertakes to take care of the rented Item and keep it in proper technical and aesthetic condition for the duration of the rental.
- The User is liable for the wear of the Item to an extent exceeding the usual wear resulting from its proper use and in accordance with its intended use and this Terms and Conditions, its damage, destruction, incomplete, loss (including theft), as well as any interference with the Item that would change its original state.
- If E-Garderobe verifies that the condition of the returned Item differs from its original state, it shall notify the User immediately, however, no later than within 3 working days upon the Item receipt, by sending an e-mail describing the discrepancies with any photographic documentation.
- The amount of damage is determined by E-Garderobe based on the estimated cost of restoring the Item to its proper condition. If restoring is not possible, a loss occurred (including theft) or damage requires excessive financial input or workload against the value of the Item, the User bears the costs of purchasing a new Item.
- E-Garderobe shall send a notification email to the User regarding the amount of damage. The User is obliged to pay the amount of compensation specified in the notification within 7 days upon the email sending date.
ITEM RETURN
- The User is obliged to return the Item on the last day of rental by leaving the Item at one of the Supplier's shipping points by 1.00 p.m. or by ordering the courier’s arrival by 1.00 p.m. at the User's address to collect the Item. The return should be addressed to: TechnoDry&E- Garderobe Sp. z o.o., ul. Tamka 29, 00-349 Warszawa.
- The return costs are included in the delivery costs of the Item, referred to in Section VII herein, unless the rental agreement or the detailed provisions hereof provide otherwise.
- The returned Item should be send back in a special-purpose envelope delivered to the User together with the Item.
- The User is obliged to pay E-Garderobe a contractual penalty in the amount of PLN 50.00 for each day of delay in returning the Item. This also applies to returning of an incomplete Item.
- E-Garderobe shall send a notification email to the User regarding the amount of the contractual penalty charged with the regards to the provisions herein. The User is obliged to pay the penalty fee specified in the notification within 7 days upon the email sending date.
- If a damage exceeds the contractual penalty E-Garderobe is entitled to claim damages from the User in the amount higher than the contractual penalty due in accordance with the provisions herein.
ITEM EXCHANGE
- The User is entitled to exchange the delivered Item for another one available on the selected date under the conditions described hereinbelow.
- The User may exchange the Item if he notifies E-Garderobe on his willingness to exchange the Item within 24 hours upon the Item delivery, by sending an email declaration to the E-Garderobe address provided in Section II herein.
- The User may exchange the Item for another one provided that the originally borrowed Item is returned in the same condition as delivered to the User, which means complete, undamaged, in the ‘as new’ condition’, unsoiled, with original and intact security tags.
- The User is obliged to return the Item on the following business day after submitting the exchange form, by leaving the Item in one of the Supplier's shipment points by 1:00 p.m. or by ordering the courier’s arrival by 1.00 p.m. at the User's address to collect the Item. The return of the Item should be made by using the return label, already paid and with the User’s address for the proper collection of the Items. The items should be returned to the following address: TechnoDry&E- Garderobe Sp. z o.o., ul. Tamka 29, 00-349 Warsaw.
- Failure to meet the deadlines for return described in point 4 hereinabove shall result in the expiry of the right to exchange the Item.
- The costs of re-delivery of an Item in connection with the exchange are each time borne by the User.
- If there is a difference in the rental price between the originally selected Item and a new one the User is, depending on the situation, required to make a surcharge, or is entitled to a refund from E-Garderobe to a gift card.
COMPLAINTS
- E-Garderobe is obliged to provide the User with an Item free from physical and legal defects.
- E-Garderobe shall be liable to the User for defects of the Item on the terms specified in the Act of 23 April 1964 - Civil Code (Journal of Laws of 2018, item 1025, as amended), Article 664 of Civil Code. E-Garderobe's liability under the warranty is excluded if the User, concluding a rental agreement, acts as an Entrepreneur.
- The User is entitled to file a complaint in the event of improper execution of the Item Rental Agreement by E-Garderobe, especially if the Item delivered is defective or inconsistent with the Order.
- The User may submit a complaint in writing or by sending an e-mail to the addresses provided in Section II hereinabove.
- To streamline the complaint procedure, the User should provide exact data regarding the Order, including his data, a brief description of the Item defection or other irregularities in the rental service, the circumstances (including the date) of its occurrence, and the User's expectations arising from the complaint.
- E-Garderobe shall respond to the complaint within 14 days upon its receipt by informing the User about the method of settling the complaint in writing or by e-mail notification, depending on the method of submitting the complaint by the User.
- The User may also submit a complaint against free electronic services provided by E-Garderobe, referred to herein. The Complaint may be submitted by e-mail to the E-Garderobe address provided in Section II herein. The complaint should contain a brief justification for its submission. E-Garderobe shall immediately, but not later than within 14 days, inform the User about the manner of settling the complaint.
- If the complaint submitted by the User has formal defects, the User shall be asked by E-Garderobe to complement them.
WITHDRAWAL RIGHT OF THE CONSUMER
- In relation to the Users acting as Consumers, the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2017, item 683, as amended) shall apply.
- A User acting a Consumer may, within 14 days, withdraw from the Item Rental Agreement concluded with E-Garderobe without giving a reason and free of charge, except for the costs indicated in points 11-13 hereinbelow, subject to point 17 and following ones.
- The 14-day period is effective upon the date of concluding the Item Rental Agreement.
- To exercise the withdrawal right, the Consumer is obliged to inform E-Garderobe about its intention by sending unequivocal, written declaration to the E-Garderobe’s email address provided in the section II herein.
- If the Consumer sends a withdrawal declaration by e-mail, E-Garderobe shall immediately send the Consumer a confirmation of its receipt.
- The withdrawal declaration may be submitted by the Consumer on the form template, which constitutes an Appendix 1 hereto, however, it is not obligatory.
- For agreement withdrawal to be effective, it is enough to send a withdrawal declaration before expiry of the withdrawal term.
- If the agreement withdrawal is effective, E-Garderobe shall immediately, but not later than within 14 days upon the receipt of the Consumer's withdrawal declaration, return to the Consumer all payments received from him, including delivery costs (except for additional costs resulting from the method of delivery chosen by the Consumer, other than the cheapest standard delivery method offered by E-Garderobe).
- The reimbursement is made by the same payment method as used by the Consumer unless the Consumer expressly agrees to a different method of reimbursement. In any case, the Consumer shall not incur any costs in connection with the reimbursement.
- E-Garderobe may withhold the reimbursement of payments received from the Consumer until the Item is returned or the Consumer provides return postal receipt, whichever occurs first.
- The consumer is obliged to return the Item immediately, but not later than within 14 upon the date of informing E-Garderobe on the rental agreement withdrawal. For agreement withdrawal to be effective, it is enough to return the Item before expiry of the withdrawal term to the following address: Techno Dry & E-Garderobe Sp. z o.o., ul. Tamka 29, 00-349 Warszawa with a ‘Return’ note.
- Direct costs of the Item return are borne by the Consumer.
- If the Consumer chooses other delivery method than the cheapest standard delivery method offered by E-Garderobe, E-Garderobe is not obliged to refund the additional costs incurred by the Consumer.
- The consumer is liable for the decrease in the value of the Item due to its usage beyond necessary to establish the nature, characteristics and functioning of the Item.
- The agreement withdrawal means the agreement is considered null and void.
- If the Consumer submits a withdrawal declaration before acceptance of the offer by E-Garderobe (in effect acceptance of Order for execution), the offer ceases to be binding.
- If E-Garderobe fully performs the service, and the Consumer has been informed prior to the commencement of the service that after its execution by E-Garderobe, the right to agreement withdrawal is lost and acknowledges the above, The Consumer is not entitled to agreement withdrawal.
- The service is fully executed upon delivery of the Item by the Supplier to the Consumer's address provided in the Order.
- The Consumer hereby declares that he has been informed prior to the commencement of the service by E-Garderobe that the right to agreement withdraw is lost upon delivery of the Item and The Consumer acknowledges the above.
CONTRACTUAL RIGHT OF WITHDRAWAL
- Regardless of the provisions of section XII herein and with respect for these provisions, the User has the right to withdraw from the rental agreement within 24 hours upon the Item delivery.
- The right of withdrawal can be exercised if the returned Item is in the same condition as delivered to the User, which means complete, undamaged, in the ‘as new’ condition’, unsoiled, with original and intact security tags.
- Rental agreement withdrawal is considered effective if the User submits e-mail declaration to the E-Garderobe address provided herein in Section II.
- For agreement withdrawal to be effective, it is enough to send a withdrawal declaration before expiry of the withdrawal term.
- If the withdrawal is effective the item rental agreement is considered null and void.
- After withdrawal from the agreement the User is obliged to return the Item on the next business day following the withdrawal declaration submission by leaving the Item at one of the Supplier's shipping points by 1.00 p.m. or by ordering the courier’s arrival by 1.00 p.m. at the User's address to collect the Item. The return should be addressed to: TechnoDry&E- Garderobe Sp. z o.o., ul. Tamka 29, 00-349 Warszawa, with a ‘Return’ note.
- If the User fails to meet the return deadlines described in point 6 hereinabove, withdrawal declaration is considered null and void, and the rental agreement continues in accordance with the terms of the Order.
- Direct costs of the Item return are borne by the Consumer.
- If the rental agreement is effective, E-Garderobe is obliged, within 14 days upon the receipt of the returned Item, to reimburse the payment to the User, except for the delivery costs.
- The reimbursement is made by the same payment method as used by the User unless the User and E-Garderobe agree otherwise.
- The User is liable for the decrease in the value of the Item due to its usage beyond necessary to establish the nature, characteristics and functioning of the Item, including especially damage, soil, and incompleteness of the Item.
GIFT CARD
- A Gift Card allows to make payments for the Item rental services provided on the site.
- Registered Users may purchase a Gift Card by selecting the ‘Gift Card’ tab and following the steps displayed.
- The following payment methods are available for the purchase of a Gift Card:
- online payment by debit/credit card
- fast electronic transfer (Tpay.com)
- Google Pay and Apple Pay
- The following forms of delivery of a Gift Card are available
- by the Supplier, who is the operator of courier services, to the address indicated by the User (for a traditional Gift Card)
- by sending to the e-mail address provided by the User (for an electronic Gift Card)
- After the purchase of a Gift Card a User receives an email confirmation of its purchase and registration.
- After issuing the Gift Card to the User, E-Garderobe shall not be liable for damage, destruction, loss (including theft) or unauthorized use by a third party of the Gift Card due to reasons beyond the control of E-Garderobe. Once the Card is issued by E-Garderobe it is the User who is solely responsible for its correct and secure use.
- The User may purchase a gift card of a value not lower than PLN 100.00 and not exceeding PLN 1,000.00.
- A Gift Card (its balance) cannot be exchanged for cash.
- To make a payment with a Gift Card, the User during placing an Order fills in the appropriate field and enters a serial number of it.
- If the User returns an Item purchased with a Gift Card, its balance shall be increased by the amount corresponding to the payment made by the User.
- If the rental price of the Item is lower than the current balance of a Gift Card, the User is not entitled to reimbursement of the remaining balance. The User may use the rest of funds to pay for the next rental service. If the rental price is higher than a Gift Card balance, the User is obliged to pay the difference in price using the payment methods accepted hereinabove.
- The User being holder of a Gift Card may check its balance after logging into the Account by selecting the appropriate tab on the site.
- The validity period of a Gift Card is 1 year upon its issue and sending to the User.
- After the expiry of a Gift Card's validity period, it cannot be used to make payments. Any unused funds are not refundable after the expiry of a Gift Car.
- The User may choose the following types of Gift Cards:
- traditional Gift Card in form of a plastic card delivered to the address indicated by the User;
- electronic Gift Card in form of a unique code sent to the e-mail address provided by the User.
- The User may purchase a Gift Card on behalf of a third party who shall be entitled to use it, after creating a User Account.
- The delivery costs of a Gift Card to the address indicated by the User shall be borne by E-Garderobe.
- The Gift Card is not an electronic mean of payment, nor an electronic payment card within the meaning of applicable law.
- The User may submit a complaint with regards to the purchase and use of a Gift Card. Complaints may be submitted by e-mail to the E-Garderobe address provided in Section II hereinabove and should contain a short justification of the complaint. E-Garderobe shall immediately, but not later than within 14 days, inform the User about the manner of settling the complaint.
- If a Gift Card is purchased by a Consumer, the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2017, item 683, as amended) as well as the provisions of Section XII herein, except for points 17-19, shall apply.
SUBSCRIPTION
- The User can choose among 3 types of monthly service packages, called Subscriptions, which entitle it to rent Items on preferential terms.
- There are 3 Subscription types available:
- E-G Basic (including 2 rentals, and 1 free delivery)
- E-G Premium (including 5 rentals and 2 free deliveries)
- E-G Lux (including 10 rentals and 4 free deliveries)
- Detailed information on scope, conditions and monthly costs of services offered within a given Subscription are available in the ‘Membership’ tab.
- As part of the Subscription offer a selected E-Garderobe range of garment is available.
- Items available under the Subscription service are not available for the Fitting service.
- Subscription prices found on the site are gross prices (including VAT) expressed in PLN.
- The available form of payment for the Subscription is payment by credit or debit card.
- The User may access the Subscription after logging into the Account, selecting ‘My Subscription’ tab, and then following the steps displayed.
- The User, after ordering the selected Subscription option, receives an email confirmation of access, including details of the Subscription and its duration. Upon receipt of Subscription by the User, Subscription service agreement is concluded.
- The Subscription is automatically extended every month until the User resigns from the Subscription.
- Subscription fees are collected from the User on monthly basis, on the calendar day corresponding to the Subscription activation.
- The monthly subscription payments are made automatically by debiting the payment card provided in the process of Subscription activation, which is acknowledged by the User.
- The User agrees to extend the Subscription for another month and authorizes E-Garderobe to charge for the next month of Subscription, unless the User resigns from it before the end of the subscription period of a given month.
- The User is liable for any due Subscription fees. If the payment cannot be made, due to lack of funds or other reasons, and the User has not resigned from the Subscription, E-Garderobe is entitled to suspend access to the site until the payment is made.
- The User may resign at any time by selecting the ‘Unsubscribe’ tab available in the User Account panel, whereas Subscription remains valid till the end of the Subscription period of a given month, however, the User is not entitled to a refund of the monthly fee in any part.
- The User may submit a complaint with regards to the purchase and functioning of the Subscription. Complaints may be submitted by e-mail to the E-Garderobe address provided in Section II hereinabove. The complaint should contain a brief justification for its submission. E-Garderobe shall immediately, but not later than within 14 days, inform the User about the manner of settling the complaint.
- If a Subscription is purchased by a Consumer, the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2017, item 683, as amended) as well as the provisions of Section XII herein shall apply. However, the service is considered fully executed upon delivery of the first Item, within the Subscription, by the Supplier to the Consumer’s address provided in the Order.
- In case of any doubts the provisions of this Section do not exclude or limit any rights of the User, which he is entitled to under mandatory provisions of law, including provisions of law granting rights to Consumers.
- The provisions of other Sections herein shall apply to the Item rental agreements under the Subscription unless the provisions of this Section or the terms of the Subscription provide otherwise.
PACKAGES
- The User may purchase a one-time package for two up to ten guests on the site.
- A one-time package may not exceed 20 items of garment in total. The package price depends on the number of people and the number of rented items.
- Information on the detailed scope, conditions and cost of the services called PACKAGES are available on the site under the ‘Packages’ tab.
- Package prices are gross prices (including VAT) expressed in Polish zlotys.
- The available form of payment for the Package is credit or debit card payment available on the site.
- The User may access the Package after logging in to the Account, selecting ‘Packages’ tab, and then following the steps displayed.
- After placing an order for the selected type of the Package, the User receives an email confirmation on access and entering the information on number of entitled users. The confirmation includes details of the number of purchased packages and their duration. Upon the confirmation of access to the Package the agreement for the provision of the service is concluded.
- The User may submit a complaint with regards to the purchase and functioning of the Package. Complaints may be submitted via e-mail to the E-Garderobe address provided in Section II herein and should contain brief justification for their submitting. E-Garderobe shall immediately, but not later than within 14 days, inform the User on the manner of settling the complaint.
- If a Package is purchased by the Consumer, the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, item 683, as amended) and the provisions of Section XII herein shall apply. However, the service is considered fully executed upon delivery of the first Item, within the Package, by the Supplier to the Consumer’s address provided in the Order.
- In case of any doubts the provisions of this Section do not exclude or limit any rights of the User, which he is entitled to under mandatory provisions of law, including provisions of law granting rights to Consumers.
- The provisions of other Sections herein shall apply to the Item rental agreements under the Packages unless the provisions of this Section or the terms of the Package provide otherwise.
THE FITTING
- The site offers the fitting service, with the delivery of the Items, to its Users.
- As part of a one-time fitting the User can order two pieces of garments. The detailed information regarding scope, conditions and cost of the fitting service are available on the site in ‘How it works’ tab.
- The item send to the User within the fitting service cannot be used and must be returned to E-Garderobe with all labels and security tags. The agreement for fitting service is concluded for 24 hours.
- The prices for the fitting service displayed on the site are gross prices (including VAT) expressed in Polish zlotys.
- The available form of payment for the fitting is credit or debit card payment available on the site.
- The user, after placing an order for the selected items for fitting, receives an order confirmation to is email address, including the fitting service details and its duration.
- Upon the fitting confirmation obtained by the User the agreement for the provision of the service is concluded.
- The User may submit a complaint with the regards to the purchase and functioning of the Fitting service. Complaints may be submitted by e-mail to the E-Garderobe address provided in Section II hereinabove and should contain a short justification of the complaint. E-Garderobe shall immediately, but not later than within 14 days, inform the User about the manner of settling the complaint.
- If a Fitting service is purchased by the Consumer, the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, item 683, as amended) and the provisions of Section XII herein shall apply. However, the service is considered fully executed upon delivery of the first Item, within the service, by the Supplier to the Consumer’s address provided in the Order.
- In case of any doubts the provisions of this Section do not exclude or limit any rights of the User, which he is entitled to under mandatory provisions of law, including provisions of law granting rights to Consumers.
- The provisions of other Sections herein shall apply to the rental agreements within the Fitting service unless the provisions of this Section or the terms of the Fitting provide otherwise.
FREE ELECTRONIC SERVICES PROVIDED WITHIN THE SITE
- E-Garderobe provides the following free electronic services within the site:
- Contact From
- Newsletter
- User Account
- E-Garderobe provides the above services 7 days a week, 24 hours a day.
- Any possible changes to the rules for the provision of the above-mentioned services shall be made according to amendment procedure of this Terms and Conditions described in Section XVIII herein.
- The Contact Form service enables the User to send inquiries to E-Garderobe using the on-line form available on the site. The User may resign from the service at any time by ceasing to send inquiries to E-Garderobe.
- The Newsletter service consists in sending email information about new products in E-Garderobe's offer, current promotions, events organized by E-Garderobe and other information about products and services offered by E-Garderobe on its site.
- The Newsletter is sent upon the User’s consent. The User may subscribe to the Newsletter service by selecting the appropriate tab and entering his e-mail address in the registration form for the Newsletter service.
- The User immediately receives the registration confirmation to the e-mail address submitted during Newsletter registration process. Email confirmation of Newsletter service activation means concluding the Newsletter service agreement provided by electronic means.
- The User may at any time, without giving a reason and free of charge, resign from the Newsletter service by selecting the appropriate tab in the User Account panel.
- The User Account service consists in providing the User with an individually assigned panel within the site, where the data provided by the User in the Registration process and Orders details are collected.
- Detailed information on the User Account service provided by E-Garderobe can be found in Section IV hereinabove.
- E-Garderobe has the right to block access to free services described herein for safety reasons and proper functioning of the site, or if the User undertakes unauthorized actions which jeopardize proper and safe functioning of the site, and are contrary to applicable law provisions, this Terms and Conditions, and public decency. E-Garderobe shall notify the User on blocked access to free electronic services, its reasons and estimated time of blocked access.
NON-JUDICIAL PROCEDURE FOR CLAIMS AND COMPLAINTS
- A User, who is a Consumer, may use non-judicial ways of dealing with claims and complaints. The rules of these procedures can be found at the registered seats or on the websites of entities authorized to non-judicial dispute resolution. These entities are district (municipal) consumer advocates, community organizations as part of their statutory tasks or Voivodship Inspectorates of Trade Inspection, listed on the site of UOKiK https://www.uokik.gov.pl/.
- E-Garderobe informs that at http://ec.europa.eu/consumers/odr/ an online platform for resolving disputes between Consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual site where Consumers and Entrepreneurs willing to resolve a dispute regarding contractual obligations arising from online sales contract or a contract for the provision of services can find the professional support.
FINAL PROVISIONS
- To all matters not settled herein the relevant provisions of generally applicable law shall apply.
- If any of the provisions herein is considered invalid, ineffective, or unenforceable to any extent, this shall not affect the validity of the remaining provisions contained herein.
- The Terms and Conditions do not exclude or limit any rights of the User who is a Consumer, to which he is entitled under the mandatory provisions of law.
- In the event of discrepancies between the provisions of this Terms and Conditions and the mandatory provisions of law, the latter shall prevail.
- The Terms and Conditions are available to the User free of charge on the E-Garderobe site and may be saved by a User, at any time, by printing, saving to a storage media or downloading.
- E-Garderobe may amend this Terms and Conditions and each time it shall inform the Users about the planned changes by posting the updated version of the Terms and Conditions on the site and by sending e-mail information to the Registered Users, no later than 14 days before the changes become effective. The amendments come into force within 14 days upon the announcement on their implementation. If the User does not accept the changes, he is obliged to immediately inform E-Garderobe of this fact.
- Amendments to the provisions herein do not affect Orders placed until the amendments effective date. For orders placed prior to changes the current version of Terms and Conditions shall apply.
The Terms and Conditions shall enter into force on the 21st of September 2021 and apply to all agreements concluded as of that day.