Any Rental orders placed with STYLORD shall be legally binding. For pre-paid orders, items may be cancelled by the renter as per the following conditions. For cancellations:
- Within the first day of order placement or at least 2 days prior to the requested delivery date; a 100% refund will be issued.
- Between 3 and 5 calendar days prior to the requested delivery date; a 70% refund will be issued in the form of credit* placed in clients digital account.
- 1 or 2 days prior to the requested delivery date; a 50% refund will be issued in the form of credit* placed in clients digital account.
For cash on delivery orders, items may be cancelled by the renter, however it is important to note that it will affect client's eligibility for future cash on delivery orders. Cancellations:
- Between 3 and 5 calendar days prior to the requested delivery date will moderately affect client's eligibility; only one additional Cash on Delivery order will be honored.
- 1 or 2 days prior to the requested delivery date will highly affect client's eligibility; only prepaid orders will be honored.
*Credit may be used exclusively for future rental of an item from STYLORD, and shall expire if not used in the 12 (twelve) months following issuance.
* Refund will be issued in the same form of original payment.
USE OF DRESS
- The Dress shall be used exclusively by the Renter (or by the Wearer, if different from the Renter). Any use of the Dress by any person shall not be permitted without the prior written authorization of STYLORD.
- The Dress may be used only for the Rental Period or any extended period as agreed by STYLORD. The Renter agrees that any extension so noted on STYLORD records would correctly reflect such extended period as agreed by STYLORD.
- STYLORD will at all times remain the owner of the Dress.
RETURN OF THE DRESS
- The Renter shall return the Dress to STYLORD at the end of the Rental Period at the location of original delivery (unless otherwise agreed by STYLORD), and in the packaging and form provided and indicated by STYLORD to the Renter.
- The Renter acknowledges that failure to return the Dress as set forth in this agreement shall constitute illegal possession by them, and STYLORD may repossess the Dress whenever same may be found and from whomsoever is in possession thereof. Any costs incurred by STYLORD to retrieve the Dress will be for the account of the Renter. Moreover, STYLORD reserves the right to charge a penalty for failure to return any Dress on time.
- If a Dress is returned late, STYLORD charges 5% of the retail value of the Dress for each day, with a total penalty of twice the retail value of the Dress being due for any dress not returned after 20 (twenty) calendar days. The Renter hereby authorizes the charging of their credit card in that amount, in such circumstances. In the cases of cash on delivery, the Renters agrees to provide cash payment in that amount, in such circumstances, upon pickup of the dress. Payment of late penalties shall be without prejudice to the Renter's obligation to return the Dress to STYLORD.
- Should the Dress not be returned as indicated above, the Dress may be reported as stolen to relevant authorities, and STYLORD will schedule pick-up of payment immediately in the amount of twice the retail value of the dress from the Renter if cash on delivery method was used.
- The Dress shall be returned to STYLORD in the same condition as received, that being undamaged and in good condition, ordinary wear and tear excepted.
TERMINATION/CANCELLATION/EXTENSION OF THE RENTAL/PURCHASE
- Notwithstanding anything to the contrary contained herein, STYLORD shall be entitled in its sole and absolute discretion to terminate this agreement at any time by notice (verbal or in writing) to the Renter, whereupon the Renter shall immediately return the Dress to STYLORD. In the event of such failure to return the Dress to STYLORD, STYLORD shall be entitled to recover possession of the Dress, wherever found and from whomsoever has possession thereof. The obligations of the Renter and the rights of STYLORD shall continue in full force and effect until the Dress has been returned to STYLORD in terms of this agreement and the Renter has complied with all his obligations. Any costs incurred by STYLORD to retrieve the Dress will be for the account of the Renter.
- The Renter shall give STYLORD 24 hours' notice, prior to the termination of the agreement, of their intention to extend the Rental Period. The Rental Period shall be extended on acceptance by STYLORD of the extended Rental Period requested by the Renter.
- STYLORD may be at its discretion offer the Renter the right to purchase the Dress, in which case the Renter shall pay to STYLORD such additional amounts as may be agreed between STYLORD and the Renter. Any purchases by the Renter of any Dress shall be on an "as is" basis, without any warranty express or implied, and shall be final and non-refundable.
- The Dress may only be worn by the Wearer.
- If the Renter and Wearer are not the same person, then, without derogating from any rights or remedies which STYLORD may have, the Renter shall remain liable for all their obligations in terms of this agreement and in particular, they shall be liable to STYLORD as if they had been wearing the Dress.
- The Renter warrants that they are entitled and have the capacity to enter into this agreement, that all particulars given to STYLORD are true and correct.
RENTAL RATES AND CHARGES
The Renter agrees to pay STYLORD the rental rates plus all other charges and fees opted for or utilized by the Renter as contemplated up until the Dress is returned to STYLORD, as per the rates indicated on STYLORD website or as otherwise communicated to the Renter.
Rental rates, charges, and fees will be calculated for the whole of the rental period (including any extended period as agreed by STYLORD) at the rates and on the basis set out by STYLORD. The Renter shall also be liable for all costs incurred by STYLORD (including, without limitation, all fees of lawyers and other advisers) in recovering any outstanding expenses not paid by the Renter.
- All payments are due on demand. Payment for rental of a Dress shall be payable at the time of placing a rental order (unless otherwise agreed in writing by STYLORD). All charges payable by the Renter shall be payable by credit card or cash, unless the Renter has a valid credit account with STYLORD, in which case the Renter may use its credit as payment.
- STYLORD may at its absolute discretion elect to accept cash payment for a rental, in which case a cash handling fee may be charged by STYLORD. STYLORD may also, at its absolute discretion, elect to accept payment by other means, such as paypal for example.
- The Renter will not be entitled to set-off or withhold payment of any amounts due in terms of this agreement for any reason whatsoever.
- If STYLORD has agreed to accept payment from the Renter by credit card or charge card, the Renter's acceptance of this agreement will constitute irrevocable authority for STYLORD to obtain authorization and/or payment. This also constitute irrevocable authority for the issuer of the card to debit them with the total amount due to STYLORD including but not limited to any late penalties. Damages and/or total loss suffered by STYLORD. Such authority shall extend to cases where the price of renting a Dress is zero.
- In the event that the Renter returns the Dress to STYLORD prior to the termination of the Rental Period, the Renter will pay, at the discretion of STYLORD either the usual rates and charges applicable to that part of the Rental Period actually used, or the rates and charges for the full Rental Period.
- The the event of an incident and/or if the Dress is stolen and/or lost, the amount of the Damages and/or the Total Loss as suffered by STYLORD is payable by the Renter immediately on demand by STYLORD.
- If any amount is not paid on the due date, STYLORD may without prejudice to any rights it may have, charge interest on the overdue amount at a rate of 5% or the maximum amount allowed under the law, whichever is lower, and in the sole discretion of STYLORD.
- A certificate of any director, manager, or accountant of STYLORD as to any amount owed by the Renter to STYLORD shall constitute prima facie proof of that amount.
RENTER's RISKS AND LIABILITIES
The renter shall assume the sole risk of the Dress (ordinary wear and team excepted) from the time that the Dress is handed to the Renter until such time as the Dress is returned, in accordance with the terms of this agreement.
INCIDENT IN RELATION TO THE DRESS
- If at any time the Dress is involved in an incident, damaged, stolen and/or lost, the Renter shall take every reasonable precaution to safeguard the interest of STYLORD, and failure to do so will result in the Renter being liable for Total Loss.
- The Renter shall notify STYLORD upon return of the Dress of the occurrence of any incident or damage in relation thereto. In the event that the Dress is stolen or lost, the Renter shall within twenty-four hours of the occurrence notify STYLORD of such incident, and shall, if requested by STYLORD cooperate with STYLORD in reporting such incident to the police.
- The Renter shall, if requested by STYLORD, cooperate with STYLORD and its insurer in any investigation, the making, or instituting of any claim or action and the defense of any prosecution, claim or action relating to any accident, theft or damage. If the Renter is not the Wearer, then, without in any way derogating from the Renter's obligations in terms of this agreement, the Renter shall procure that the Wearer complies with the foregoing provisions and the Renter warrants that the Wearer shall do so.
LIMITATION OF LIABILITY/INDEMNITY OF STYLORD BY RENTER
- Neither STYLORD nor any of its directors, officers, employees, service providers or agents shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from the Rental by the Renter of the Dress, including, without limitation, any defect in the Dress (howsoever arising and whatever nature) and whether such loss or damage results from breach of contract or negligence, pr gross negligence or otherwise which may be suffered by the Renter, Wearer and/or any third party.
- STYLORD, its directors, officers, employees, affiliates or agents are accordingly indemnified by the Renter against any claim of any nature whatsoever and howsoever arising from any damages or less which might be instituted against STYLORD, its directors, officers, employees, affiliates or agents arising from or connected with or pursuant to the renting of the Dress contemplated in this agreement.