TERMS FOR USING THE WEBSITE AND RENTING THE PRODUCTS
FRONT ROW TRIBE S.r.l., with registered office in Milan, Tax ID and VAT Code 08969380966
(hereinafter “FRT”) operates via a web platform that allows users to rent and/or purchase designer clothing (the “Products”).
On its website www.frontrowtribe.com (hereinafter the “Website”) FRT publishes daily offerings of Products for sale or rent, and it offers users who register and create an account on the Website (the “Clients”) the chance to purchase and/or rent the Products through the Website.
1. SUBJECT OF THE AGREEMENT
long-distance agreement pursuant to Art. 49 et seq. of Legislative Decree No. 206 of September 6, 2005 (the “Consumer Code”) between FRT and the Client concerning the rental and/or purchase of the Products.
1.2 The agreement is entered into directly by FRT’s acceptance of a proposal to purchase and/or rent made by the Client through the Website using the procedures described in the following articles.
1.3 In order to access and use the Website to purchase or rent Products, the Client must register and create its own account on the Website, thereby communicating some pieces of personal information to FRT.
Each Client commits to communicate only truthful information and to ensure that it remains up to date.
The Client is solely responsible for the security of its account and is also responsible for any and every activity it conducts through its account.
2. THE PRODUCTS
2.1 The Products covered by this agreement between FRT and the Client are genuine, high-end products. FRT purchases these Products directly from fashion houses and their authorized distributors.
2.2 The Products’ essential characteristics are accurately described on the Website in each Product diagram; however, the Products’ images and colors may not correspond to the actual ones due to the software or hardware systems used by the Client.
3. RENTAL AND USE OF THE PRODUCTS
3.1 The Client shall have the ability to rent every single Product for a period of 4 (four) days
(the “Rental Period”).
3.2 The Rental Period is not subject to change. Therefore, if the Product’s delivery should be delayed due to the shipment, the Rental Period shall not change and the Product’s return date shall remain the same. However, FRT may decide on individual occasions, based on a situation’s actual circumstances,
how to proceed with the Client.
3.3 The Client may also request the extension of the Rental Period by contacting FRT directly at the email address firstname.lastname@example.org and paying a daily consideration of 35% of the rental price.
FRT’s granting of the rental’s extension is conditional on the absence of new orders for this same Product by other Clients for the requested period. If the Product is not available for the extension period,
the Client must return it by the originally scheduled due date.
3.4 The Client commits to use the Product with care and to prevent the occurrence of any damage, as described in greater detail in Article 9 below.
4. RENTAL RATES
4.1 The rental rates for the Products listed on the Website and all the Product prices listed on the Website in general are inclusive of VAT and any other tax (the “Rental Cost”). The Rental Costs include the expenses for the laundry service to which every Product is subject following its return by the Client.
The shipping costs are included in the order placed by the Client and cover:
- the order of one or more Products for rent;
- the joint order of one or more Products for rent with one or more Products for purchase;
- the order of one or more Products for purchase worth at least EUR 50.00.
per each individual garment.
4.3 FRT reserves itself the right to amend the Rental Costs at any time, but such changes shall only apply as of the next rental following the amendment date.
5. PROCEDURES FOR RENTING AND PAYING FOR THE PRODUCTS
5.1 Following a rental request made through the Website, the Client shall receive an email from FRT summarizing the rental conditions and characteristics of the selected Product. This email shall be valid as a confirmation from FRT of its acceptance of the rental proposal sent by the Client. Therefore, the rental contract shall not be considered as having been entered into until the Client receives this confirmation email.
5.2 If FRT is unable to effect the delivery within the timeframes indicated in the above email for reasons not attributable to it, FRT commits to contact the Client to offer a substitute Product, and in case of a failed agreement, it shall reimburse the expenses incurred pursuant to the following paragraphs.
5.3 The Rental Cost must be paid upon completing the reservation on the Website with a credit or debit card by using the “Stripe” system according to the following procedures:
Stripe shall process the Client’s credit card information – within the limits provided in Article 5.4 below – when the Client pays the Rental Cost.
5.4 The financial information (credit card number, expiration date, email address, etc.) shall be automatically forwarded to the credit institution used by FRT without FRT or any third parties being able to access it in any way.
6. SENDING AND SHIPPING THE PRODUCT
6.1 The Product shall be sent via a shipper chosen by FRT, which shall effect the delivery according to the timeframes and procedures specified in greater detail in the Website section called “Shipping Methods,”
to be found at this link: Shipping Methods
FRT is exempt from any responsibility for any delays in delivery attributable to the Client.
6.2 FRT shall bear all the relative expenses for shipments made using the standard method.
The Client shall bear the shipping expenses if it requests an express delivery with shorter timeframes.
6.3 FRT is exempt from any responsibility for any disservice or delays in the Product’s delivery attributable to force majeure or unforeseeable circumstances.
6.4 The Product shall be delivered to the Client in a specific box containing:
WITHIN THE CITY OF MILAN:
a. the Product;
b. an explanatory sheet prepared by FRT describing the return procedures,
in accordance with the provisions in Article 8 below;
c. a document explaining the methods for handling and preserving the Product.
REST OF ITALY (OUTSIDE MILAN):
a. the Product;
b. the prepaid waybill for its return, to be placed on the reusable package
in which the Product was originally shipped;
c. an explanatory sheet prepared by FRT describing the return procedures, in accordance
with the provisions in Article 8 below;
d. a document explaining the methods for handling and preserving the Product.
6.5 The Client is fully responsible for the Product from the moment
it is delivered until its return by mail to FRT.
7. ADDITIONAL ORDER OF THE SAME PRODUCT
7.1 The Client may order, always through the Website, in addition to the selected Product, a different size of the same Product (the “Additional Product”) if it is currently available on the Website.
The “same” Product means a Product having the same “Product code” as the Product selected by the Client.
7.2 The Additional Product shall be delivered to the Client together with the selected Product.
When trying on and choosing the best size of the Product, the tags on the Products themselves must not be removed. The tags may only be removed for the Product to be used.
The Product that shall go unused by the Client must be returned (pursuant to the provisions in Article 8 below) in perfect condition with the complete FRT tag attached, together with the used Product at the end of the Rental Period. In such an instance, the Client shall not be charged anything extra for the Additional Product.
7.3 If the Client removes the FRT tag from the unused Additional Product as well, the Client shall be charged the rental cost of the Additional Product together with that for the Product used.
8. RETURNING THE PRODUCT
8.1 The Client shall return the Product at the end of the Rental Period.
8.2 At the end of the Rental Period, the Client must contact the shipper directly to arrange for the pickup of the package to be returned, or it may hand it over directly at one of the shipper’s shipping centers. FRT shall provide all instructions for the Product’s return on the specific explanatory sheet included in the box
(the explanatory “Return Sheet," as set forth in Art. 6.4.c).
8.4 If the Client is unable to use the Product ordered due to a size problem, it must immediately contact FRT at the “Contact Us” section on the Website and return the garment within 24 hours of its receipt; the Client must personally handle the shipment in accordance with the provisions set forth in this Article 8. The price debited to the Client for the Product’s rental shall be re-credited, minus the shipping costs, to the credit card used by the Client for payment or to its FRT account, at the Client’s choice, so that it may use the amount for future Product rentals or purchases. Therefore, the Client must follow all the procedures indicated in the explanatory Return Sheet and reship the Product within 24 hours of having received it.
8.5 If the Client removes the FRT tag from the Product, the Product shall be considered as worn and the Rental Cost shall be charged to the Client.
8.6 If the Client returns the Product before the Rental Period’s expiration,
FRT shall not make any reimbursements.
8.7 If, on the other hand, the Product is returned late with respect to the provisions in Article 3 above, the Client shall be charged 50% of the Product’s Rental Cost for each day of delay, for a maximum of 7 days. Once this time period has passed, the Client shall be charged an amount equal to the Product’s list price
(the “Retail Price”) indicated in the individual Product “diagrams” on the Website.
8.8 In case of a failure to return the Product, FRT shall debit or charge the Client – using the procedures described in detail in Article 5 above – the amount corresponding to the Product’s sale price as indicated on the Website, minus the amount already covered by the Insurance Policy (as described in Article 4 above), which is EUR 250.00.
9. DAMAGE TO THE PRODUCT
9.1 All damages to the Products are covered by the Insurance Policy described in Article 4
up to an amount of EUR 250.00 per Product; therefore,
FRT shall not charge the Client for damage totaling EUR 250.00 or less.
9.2 For damage to the Products exceeding EUR 250.00, FRT shall charge the Client the residual amount above the amount already covered by the Insurance Policy. For example, if the damage to the Product is estimated at EUR 400.00, once the EUR 250 covered by the Insurance Policy are deducted, the Client must pay FRT the residual amount of EUR 150.00. This amount shall be paid to FRT using the procedures described in Article 5.
9.3 If it proves impossible to repair the Product, or if FRT deems it economically disadvantageous, the Client shall be charged 100% of the Product price (the “Retail Price”) indicated in the individual Product “diagrams” on the Website, minus the EUR 250.00 covered by the Insurance Policy.
9.4 The evaluation of damage to the Product shall be made exclusively by FRT’s technicians on the basis of a completely discretional evaluation to which the Client may not object in any way.
10. ABSENCE OF THE RIGHT OF WITHDRAWAL IN THE CASE OF PRODUCT RENTALS
11. SALE OF THE PRODUCTS
11.1 On its Website, FRT sells some of the Products already being rented,
as well as Products meant exclusively for resale.
11.2 FRT shall bear the cost of shipping Products sold within the limits specified in Article 4 above.
11.3 Clients enjoy the right of withdrawal provided in Articles 52 et seq. of the Consumer Code for Products purchased, which may be exercised within 14 days of receiving the purchased Product.
In such a case, the Client must (i) send FRT an express declaration
(in which it declares that it wants to exercise this right) to the email address email@example.com, and(ii) return the Product using the procedures provided in Article 8 within and no later than 14 days of having sent the aforementioned declaration.
11.4 If the right of withdrawal is exercised, FRT must reimburse the price of the Product purchased within
14 days of learning that the right of withdrawal shall be exercised.
11.5 The right of withdrawal described in this article shall be forfeited completely if the essential condition of the Product’s integrity (of its packaging and/or content) is absent, or if FRT otherwise finds:
(a)the absence of the external packaging and/or the original internal packaging;
(b)the absence of the elements constituting the Product;
(c)damage to the Product;
(d)the absence of the invoice;
(e)the absence of the label for the individual Product.
If the right of withdrawal is forfeited, FRT shall return the purchased Product to the Client and charge the Client the shipping costs.
12. INTELLECTUAL PROPERTY
12.1 The design, configuration, trademarks, layout, images, sounds, and all other elements on the Website are FRT’s property on the basis of the law and the commercial agreements it makes,
and their copying or imitation is not allowed, even partially.
12.2 FRT shall seek redress in civil and criminal courts for any use
that is unauthorized or contrary to the law.
13. PROCESSING OF PERSONAL INFORMATION
13.1 With regard to the provisions protecting personal information, the Client hereby explicitly acknowledges that it has been provided with the information set forth in Legislative Decree No. 196 of 06/30/2003, which is present on the Website under the link www.frontrowtribe.com, and that it has provided FRT with its consent to the processing of its personal information for the purposes necessary for managing this agreement, within the limits and according to the criteria established in Legislative Decree No. 196 of 06/30/2003.
The Client may contact FRT via email at the address firstname.lastname@example.org
to request any information or present any complaints.
15. COURT OF JURISDICTION
or to the Court of Milan if the Client resides or has elected domicile abroad.