Terms and conditions
These general conditions (the “Conditions”) govern the clothing rental service through our website, www.pleasedontbuy.com (the “Site”). The clothing rental services offered by TWINSET S.p.A. a sole shareholder company, with registered office in Via del Commercio 32, Carpi (MO), Italy, VAT N. 07889180969 (“TWINSET”). TWINSET offers its online commercial services exclusively to Consumers who are 18 years old or over.
“Consumers” refer to any natural person who accesses the Site for purposes unrelated to any commercial, entrepreneurial or professional activity they may operate. If you are not a Consumer or you are not at least 18 years old, please refrain from making any commercial transactions on the Site. These Conditions govern exclusively the clothing rental offered on the Site; should the Site offer TWINSET products for sale, the conditions applicable to the sale will be specifically indicated on our website www.twinset.com, which we advise you to read carefully.
1. PLACING AND CONFIRMATION OF ORDER
Before finalising a rental agreement, Customer must register on the Site. Registration on the Site is free. In order to finalise a rental agreement, the rental order must be filled in and sent electronically to TWINSET, following the instructions on the Site. Before placing an order, we recommend readin carefully these Conditions, printing a copy or memorising or reproducing a copy for personal use. These Conditions are part of the rental agreement for the clothing on the Site and when placing an order online Customers are deemed to have read and accepted them. The order form, shown immediately before finalising the rental agreement, will include a summary of the essential characteristics of each item ordered, its market value if it were to be sold (“Sale Value”), and the rental price, including the rental fee, the Flat-Rate Contribution (as mentioned below) and delivery charges. Before placing the order, Customers will be warned that once the order is placed, they will be bound to pay the total price shown. The order proposal sent to TWINSET is binding for the Customer. Before submitting the order proposal, Customers will be prompted to check and amend any errors in the data provided. TWINSETreserves the right to reject, at its sole discretion, any rental orders, regardless who they are placed by, that it considers somehow unusual, including without limitation, due to their quality, frequency, method or in general because contrary to its commercial policy. The essential characteristics of the products are presented on the Site in the data sheet of each product. However, the images and colours of the products on offer may vary from the originals, due to the Internet browser, monitor or device used to view them. Once the agreement is finalised, TWINSET will send the Customer an email confirming the order has been received and a summary of its details, which does not constitute automatic and unconditioned acceptance of the order. TWINSET will not accept rental requests from countries in which the online service is not yet active.
2. RENTAL PRICE AND PAYMENT METHODS
All prices for the rental of the products shown on the Site are in Euros and include VAT. These amounts will be highlighted separately, for each product, in the order form and on the order confirmation e-mail.
The Rental Price of a product includes:
- rental fee (the “Fee”);
- a flat-rate amount to cover the risk of damage to Products (the “Flat-Rate Contribution”) of:
- €15 when the Fee is less or equal to €70 or
- €30 when the Fee is over €70.
For sake of clarity, the Flat-Rate Contribution does not cover irreparable damaged products, as better explained in article 7 herein. The Price does not include customs duties, taxes on imports, commissions and brokerage, if applicable based on the order destination. At some destinations, upon arrival in the foreign country, the content of the order may be subject to customs duties (which may include tax, tariffs, management fees, customs brokerage fees, etc.), which shall be borne by the Customer. TWINSET cannot calculate customs duties in advance; therefore, Customers are advised to contact their local authorities or the local Customs House for information before placing an order. Where foreseen, the cost of shipping and transport and any other additional cost, will be clearly indicated and displayed prior to finalising the order. Prices may be subject to changes. The Customer undertakes to ascertain the final sales price prior to placing the order. In the event of obvious errors concerning the prices published on the Site compared to the commonly known price of the chosen product, TWINSE shall have the right not to confirm the order and to proceed to immediately refund the amount paid by the Customer without the them raising any objections thereto. The rental price will be debited when the product is shipped: therefore, when payments are made online using a debit/credit card, no amount will be debited before the shipment date. TWINSET will simply verify the validity of the card as explained below. Payments by debit/credit card are processed via a protected direct connection to the bank that operates the online payment service, to which TWINSET has no access. In particular, payment details(for example, credit card numbers or expiry dates) will be encrypted when sent to the bank that provides the online payment service, therefore they cannot be accessed by third parties. Furthermore, this information will never be used and/or stored by TWINSET in any format (including digital formats). Validity will be verified thanks to a payment pre-authorization. The pre-authorisation does not involve debiting any amount. The rental price is debited to the debit/credit card when the product is shipped, without prejudice to the Customer’s right to a refund should TWINSET fail to comply with its obligations or not perform its contractual duties for whatever reason.
When the order is placed, the customer will be asked to authorise the use of the credit/debit card provided to cover any penalties for late returns or irreparable damages, if applicable, in compliance with articles 6 and 7 herein. The amount will be debited only after the late return or irreparable damage has been confirmed by TWINSET and must occur within maximum 45 days from the date the rented product was returned. after this period, if the amount has not been debited, the card will be automatically released.
Customers are solely responsible for the data they provide and shall use only payment methods they are legitimated to use.
3. RENTAL PERIOD. DELIVERY METHODS
Customers may rent a Product for a period of 4 (four) days or, alternatively, for a period of 8 (eight) days (the “Rental Period”), by choosing the date to return the Product in their order form. The Rental Period starts on the day the product is received by the Customer, in the place and on the date shown on the order and must end either on the fourth or the eighth day after the product was received, depending on the Rental Period selected by the Customer. If the return date is a Saturday or a public holiday, the product can be returned on the morning of the next working day. If the Customer receives the product before the date selected, the Rental Period will start on the date selected by the Customer. The Customer may not extend the Rental Period. If the Customer returns the product after the return date, the penalties in article 6 herein will apply. The product rented on the Site will be delivered by courier to the address provided by the Customer in the order and on the date shown in the order. The Customer is solely responsible for providing the correct delivery address. Upon receiving the product, the Customer must check that it matches the order they placed. Product deliveries are made only within the country to which the Site used to place the order applies to. All Products are delivered to Customers inside a box, wrapped in packaging that must be returned, undamaged, with the Product at the end of the rental period.
4. DUTIES AND RESPONSIBILITIES OF THE CUSTOMER
The Customers are the custodian of the product from the moment they receive it to the moment they return it. Therefore, they are responsible for any damages to the product (without prejudice to the provisions in art. 7 herein), i.e. theft, loss or destruction of the product. For the duration of the Rental Period, the Customer shall:
i. use the Products with diligence, following TWINSET’s instructions;
ii. use the Products only for the intended personal purposes and not for profit;
iii. maintain the Products in the conditions they received them.
For the duration of the Rental Period the Customer shall not:
i. alter the Products in any way, including but not limited to: making alterations, cuts, stitching, seams or any other alteration or addition not agreed with or approved by TWINSET;
ii. give the product or products on whatever basis to others or allow the establishment of third-party rights o restrictions to the detriment of the rights of TWINSET;
iii. wash, iron or try to remove stains from the product;
iv. return the product after the agreed return date.
During the order process, the Customer undertakes to provide correct information and their own personal details. TWINSET reserves the right to take legal action against any breaches and abuses, in the interest of and to protect all consumers.
The Customer shall hold TWINSET harmless of all liability deriving from the issue of incorrect tax documents due to errors in the data provided by the Customer, who shall remain the only party responsible for the correct input of data.
5. DUTIES AND LIABILITIES OF TWINSET
TWINSET will arrange to deliver the product described in the order according to the methods agreed therein in good conditions and fit for purpose.
Additionally, TWINSET shall allow the Customer to enjoy the proper and free use of the product for the entire rental period agreed. Should TWINSET be unable to deliver the product within the date agreed or provide the service for whatever reason, with the exception of force majeure or unforeseeable circumstances, the Customer will be entitled to a full refund of any amount paid, including delivery charges.
6. RETURNS. LATE RETURNS OR UNRETURNED PRODUCTS
Products must be returned in good conditions, with the packaging they were delivered in, in the same conditions in which the Customer received them, at the end of the Rental Period agreed, according to the instructions provided by TWINSET in its e-mails. Should the Customer return the product after the agreed Return Date, TWINSET shall have the right to charge a penalty equivalent to 25% of the Rental Fee for every additional day, up to a maximum of 7 days, without prejudice to any compensation claims for greater damage. If a product is not received 7 days after the Return Date expired, it will be deemed unreturned; therefore, TWINSET shall have the right to charge the Customer a penalty equivalent to the Sales Value of the Product, without prejudice to any compensation claims for greater damage. Should the Customer return the Product before the Rental Date, TWINSET will not refund the difference.
7. DAMAGED PRODUCTS
Once the Customer has returned the Product, TWINSET shall check for any damages within 30 days. Should the checks show repairable damages to the product, the Customer will not be charged any additional amount. It is understood that even if the product has not been damaged, TWINSET will not return the Flat-Rate Contribution. Should the checks show irreparable damages to the product, TWINSET will charge the Customer the Sales Value of the Product, as shown in the Rental Order and in the product data sheet on the Site. It is understood that in this case TWINSET will not return the Flat-Rate Contribution.
8. NO CANCELLATION RIGHTS
The Customer’s right to cancel the agreement provided by articles 52 et seq. of the Consumer Code (as modified by Legislative Decree 21/2014) does not apply, as this type of agreement is included in the exemption provided by art. 59, paragraph 1, letter n) of the Consumer Code (as modified by Legislative Decree 21/2014), due to the fact that it regulates a service pertaining to leisure activities and the contract performance is due within a specific time frame.
9. APPLICABLE LAW AND JURISDICTION
Any dispute concerning the application, execution, interpretation and violation of purchase contracts stipulated on the Site will be subject to Italian Law, specifically, the Consumer Code, Chapter 1 “Consumer rights in contracts” – as modified by Legislative Decree n. 21, of 21 February 2014 – with specific reference to the provisions on remote contracts and Legislative Decree n. 70, of 9 April 2003, on certain aspects of online sales. Any disputes between the parties concerning this agreement shall be referred to the courts in the place of domicile of the Customer; all other disputes shall be referred to the exclusive jurisdiction of the courts of Milan. In the event of disputes concerning these general conditions between TWINSET and Italian Customers, TWINSET undertakes, in accordance with art. 14 of Regulation 524/2013, to fully adhere and accept the mediation service RisolviOnline. RisolviOnline is and independent and institutional service, provided by the
Arbitration Chamber of the Chamber of Commerce of Milan, that allows to reach a satisfactory agreement with the help of a neutral and competent mediator, in a friendly and secure manner, over the Internet. RisolviOnline.com is listed among the entities authorised to resolve disputes on the EU ODR platform. In the event of disputes concerning the general conditions between TWINSET and Customers residing in the EU, please note that the European Commission provides a platform for out-of-court settlements, which can be accessed from the website http://ec.europa.eu/odr.
10. AMENDMENTS AND UPDATES
TWINSET reserves the right to make changes to the Site, its policies and these general conditions at any time, in order to offer new products and services, or to comply with legal or regulatory provisions. Customers accessing the Site and placing an order shall comply with the policies and terms of the General Conditions of Rental in force at the time the order is placed, unless such amendments have retroactive effect pursuant to the applicable law (in this case, they may also apply to orders previously placed by the Customer). Should any of the provisions of these conditions be deemed invalid, unlawful or for any reason unenforceable, the remaining provisions shall remain valid, lawful and enforceable.