1§ Contractual Parties
By selecting “I accept button”, the contract is automatically formed between Ara Fashion Suisse (Radian Cerga Consulting Suisse) KlG, in Zürich, CHE-426.317.914, Wehntalerstrasse 441, 8046 Zürich, Switzerland. Tel.: +41 43 299 0000 E-Mail: firstname.lastname@example.org| Website: www.arafashion.ch.
Yourself ( lessee)
2§ Contract Formation
By completing the registration process on www.arafashion.ch the following terms and conditions apply to rental contract. The lessee is obliged to immediately inform the lessor of any changes in the details provided during registration (address, credit card, etc.). The lessee confirms to have acknowledged the applicable fees as well as the terms and conditions between him and the lessor. The contract comes into being through a confirmation via e-mail from the lessor to the lessee.
(a) The rental of the following provisions applies to orders via the ARAFASHION SUISSE online shop www.arafashion.ch. Each rented item remains the property of the lessor and must be returned to him. (b) Costs and payments: The rental fee must be paid in advance by credit card (VISA, MasterCard, American Express, Dinners Club ) or bank transfer. The rent is calculated in Swiss Francs (CHF) and no other currencies are accepted. When registering the customer , the lessor automatically performs an address check. (b1) UNLIMITED MEMBERSHIP – The contractually agreed fee of 164.00 Swiss Francs (CHF) per month is generally considered as rental costs. The lessor deducts the fee that is made available when the contract is concluded from the bank account or credit card. By registering for the subscription, the lessor agrees to pay the membership fee by invoice each month thereafter. The membership subscription for the first month can be paid online with a credit card or debit card from Post Finance or VISA/ MASTERCARD issued by any bank.
(b2) RENT – The prices are given for each product on the website www.arafashion.ch and are contractually agreed as rental costs. The prices are per unit and may vary depending on the type, model and label. (c) Authorization of the credit card statement :By agreeing to the contract, the lessee authorizes the lessor to irrevocably invoice all rental fees according to the payment method specified by the lessor and, if applicable, all other costs related to loss and repair. (d) Cleaning and hygiene – The lessee is obliged to return the rental goods to us in good condition (apart from normal signs of use). All items of clothing are professionally cleaned by the landlord and can be worn by the tenant on delivery. This is checked before shipping to the tenant. Cleaning is carried out in a high-tech dry cleaning device using the latest technology and to protect the environment AraFashion does not use any harmful cleaning agents or other chemical cleaning products or chemicals for the cleaning process . The lessee is not permitted to clean the rental property or have it professionally cleaned. ARAFASHION SUISSE is not liable for possible damage to health in relation to the rented parts. (e) Order process (e1) UNLIMITED If the lessee subscribes to ARAFASHION UNLIMITED MEMBERSHIP ( AraFashion Style Club ) he/she can select up to 3 rental items and place them in the personal shopping basket (“private wardrobe ”). By pressing the “Rent now ” button, the lessee completes the selection process and the order is delivered to him. Please note that a maximum of three rental items can be rented by one person at a time and the Retail value of the rental goods cannot go over CHF 1,200.00 .The lessee then sends back the rented parts with the prepaid return label received in the garment bag/box and selects new items again. The return label has normal delivery service and never priority or next day delivery and it might take maximum of 48 hours for the return to arrive in the lessor’s inventory after the lessee has sent the package for return. The lessee can also return 1, 2 or all rental goods individually . From the second return in the month, ARA FASHION has the right to charge a small amount, which is called an additional payment, for the return label (prepaid label).
This second return label has a priority class A. The maximum fee may not exceed CHF 9.50 per return label. The process will be completed (new items within the membership fee) after the items have been received by ARAFASHION. From that moment, the member’s personal online wardrobe is available again for new orders. (5.2) RENT -To continue with the order, add the desired products to your wardrobe, select the rental dates and fill out the check-out form. By pressing the “Rent now ” button, the lessee completes the selection process and the package is delivered accordingly to the client s address (f) Rental period (f 1) UNLIMITED MEMBERSHIP ( ARAFASHION STYLE CLUB) The rental period of the rented goods is unlimited. In rare cases, the lessor can reclaim individual rental goods. (f 2) RENT WITHOUT UNLIMITED MEMBERSHIP – All products ordered must be returned on the return date specified in the order. Otherwise an additional fee will be charged in the amount of the order price. The lessee understands these general terms and conditions and agrees to them.
UNLIMITED MEMBERSHIP enables the member to purchase the desired item at a special price for MEMBERS specified at the time of the online order. The MEMBER retail price is already deducted from the original retail price. The sale is final. The shipping of the product is FREE for this service.
4§ Delivery, Returns and Shipping Costs
(a) If not otherwise specified in the product description, all our offered items are ready to be shipped immediately – same day after ordered has been placed on www.arafashion.ch . Within Switzerland, the shipping service is handled by our partner, Swiss Post. Shipping takes approximately 2-3 working days, but delays can occur. Should you place an order on a Saturday, Sunday or a public holiday then the shipping date is transferred onto the next working day. In Zurich area ( maximum radius of 50 km) for orders needed in less than 24 hrs we will deliver via express Currier . The fee is supported by the lessee. CHF 29.90 (b) ARA FASHION SUISSE always makes sure that return postage label is enclosed in every delivered package, if not otherwise specified. ARAFASHION SUISSE is not liable for the return shipment. By agreeing to the terms and conditions, the lessee also agrees to cover any costs related to lost or damaged return packages. (c) Shipping Costs (c 1) UNLIMITED MEMBERSHIP The initial costs due to delivery, packaging and insurance of the goods, as well as the return, are covered by ARAFASHION . Subsequent orders and shipment of the new item( s) ) only occurs after the old ones have been received by ARA FASHION SUISSE. (c 2) RENT without the subscription – The costs of delivery, packaging and insurance of the goods, as well as the return, are to be covered by the lessee. The price is always shown at the checkout step.The customer is obliged to return rental items to us at the end of the rental period. For this purpose, he has to use the delivery address, an addressed return label as well as the original packaging. For each additional day , if the item is not returned as per original order agreement the lessee will be billed the amount of CHF 15.90 per day until the item has been shipped/returned to ARA FASHION
5§ Liability of the Lessee
The lessee agrees to carefully look after the goods handed out by ARAFASHION. The lessee is entirely responsible for the loss or any damages related to the goods that go beyond normal signs of wear. Normal signs of wear are :missing buttons, small rips , removable stains or open seams. The lessee agrees to pay the repair or replacement cost for the piece as demanded by us if the damages go beyond normal signs of wear. The lessee bears liability for all damages that result from wilful or negligent behaviour. A FULL RETAIL non MEMRBER price will apply and the lessee agrees to the payment of it , using the Invoice payment slip method or payment via same method when ordered on www.arafashion.ch
6§ Membership Services
If you purchase a Membership Service, the subscription fee (“Subscription Fee”) will be the current applicable subscription rate listed on the Membership Service area on the date that you sign up for such Membership Service; If your Membership Service has a promotional rate, you will be charged a fee equal to the promotional rate for the duration of the promotion and after the expiration of the applicable promotion, you will be charged the applicable rate on a recurring monthly basis. For information on the applicable fees, including any applicable discounts and insurance charges listed during the check-out process, please see the “MEMBERSHIP” section of our Site. Ara Fashion Suisse reserves the right to amend the Subscription Fee or availability of any particular item at its discretion and without notice.
7§ Unlimited Membership Duration and Termination
(a) Contract Duration The subscription may be cancelled any time. The running rental month is always fully billed. The cancellation takes place or is valid when all Ara Fashion Suisse products have been returned to its inventory. The contract duration is automatically renewed by 1 ( one ) additional month if the rented goods are not back in the lessor’s inventory until the last day of the duration of the contract. (b) Cancellation is to be carried out via email to email@example.com. ARAFASHION Suisse reserves the right to immediately cancel the contract with lessees with poor payment practice and to demand back the rented goods, or to charge additional fees for missing return shipments. Furthermore, ARAFASHION Suisse reserves the right to end individual contracts for other reasons with immediate effect.
(a) The money-back guarantee applies exclusively in the case of a written cancellation by e-mail to firstname.lastname@example.org explaining the reason for asking a refund. (a 1) UNLIMITED MEMBERSHIP -The lessee has right to cancel the service within first 14 days, with a full refund of the MEMBERSHIP fee. The 14-days-period begins from the order confirmation and only applies to the first order. After successful receipt of the rented items by lessor within a period of 14 days, and if all above mentioned conditions are fulfilled, the full purchase price will be refunded to the lessee. In this case , the lessee will have to pay for the normal rental price of the product associated with . (a 2) RENT- The order can be completely cancelled before shipping . The value of the order will be credited to the original payment method. If the order cancellation is made after it was shipped, you will be refunded the rental fee value. Shipping fees will not be refunded. (c ) The lessee is entitled to the money-back guarantee only if the rented items have been returned to ARA FASHION SUISSE without signs of use, without a loss or any damage. For the return the enclosed return label must be used.
9§ Client’s Personal Data
The lessee agrees to the storage of his personal data by the lessor under observance of the relevant data protection laws. The lessor ensures the safe use of personal data, which may not be passed on to third parties and is to be exclusively used for the order of the relevant rental good in accordance with Swiss data protection act.
10§ Links to Other Websites
11§ Exclusion of Liability for Links and Referrals
For direct or indirect referrals to external websites, which is outside of responsibility of ARAFASHION SUISSE, we only bear liability if it is aware of the websites’ contents and if it would have been technically possible and feasible for ARAFASHION SUISSE to have prevented any of the unlawful content. The lessor explicitly declares that no unlawful contents were detectible on the linked pages at the time that the links were placed on the website. ARAFASHION SUISSE has no influence whatsoever on the current and future layout, content or authorship of the linked / referred pages. Thus, ARAFASHION hereby distances itself explicitly from any and all content of the linked / referred pages which have been modified after the links had been added to the website.
The lessor must explicitly notify the lessee of any amendments concerning these terms of service and to allow the lessee to take notice of the amendment. The lessee is entitled to object to the amended terms and conditions within a time span of 14 days upon receipt of the notice, unless the amendment concerns a subsequent occurrence of a disturbance of equilibrium or a legal loophole and is determined in such a way that it satisfies the requirement for transparency. The lessor must inform the lessee of his right of revocation along with the opposition period and the legal consequences in the case that he decides not to act on his right of revocation.
The ARA FASHION SUISSE website and all of its contents, such as the software, logo or symbols are the property of Ara Fashion Suisse . In accordance with § 231.1 Chapter 5, Art.19 of the Swiss Federal Law on copyright and related rights, the images or video content on the pages of Ara Fashion Suisse online shop and the therein contained pictures enjoy copyright protection. The distribution, reproduction, publishing, or imitation of any contents is only permitted with written approval by Radian Cerga Consulting Suisse, KIG.
14§ Applicable Law and Jurisdiction
The Swiss law, applies exclusively to this rental contract with the exclusion of international privacy rights. Canton Zurich is the jurisdiction for all possible disputes between the lessee on one side and the lessor on the other side. The lessor, however, remains entitled to call upon any other responsible court.