Rental Agreement

 

Rental Agreement

This “Agreement” is concluded between you (“The Customer”) and iTUX (“The Shop”, “Us”). The agreement sets the terms and conditions under which you will provide us with information, rent suits (sack coats or trousers) and accessories (“The Product”) and benefit from extra services (“Services”) from iTUX through the Website („www.itux.ro”) or right from the shop.

General Terms

This “Agreement” includes all the terms and conditions applicable for the rental of products from ITUX through its Website or from our Shop. You agree with the fact that the use of the Website and of our services is in accordance with the Terms and Conditions for using the Website available at www.itux.ro and with the Privacy Policy available at www.itux.ro, which can be unilaterally changed. No other form of the Terms and Conditions (pre-printed or available in any other form) shall be applied for rental.

You agree and understand that you only rent the product and ITUX is the owner in every situation. Our products can be rented only by people over 18 who can pay for the service by credit card or by any other form of payment. By ticking “I agree” or by signing the printed “Agreement” you certify that you have the legal age and you are authorised to use the form of payment you chose (including credit card) in order to rent the products described below.

Product. ITUX provides services for renting sack coats, trousers, shirts, shoes, and accessories for men. You choose the pattern and the size.

Contract. This Agreement is concluded between you and us concerning the chosen product under the conditions provided on the Website or in writing. This Agreement includes the information from your ITUX account about the identification data, the chosen products, rental period, as well as other relevant information. The language of this Agreement is Romanian. The Agreement is sent to you in writing by posting it in the footer of the Website or by giving one copy to the shop. If there are any mistakes when you filled in your personal data, you can correct them in the section My Account. Once it is concluded, the Agreement is stored by ITUX and can be seen in your account on the Website.

Rental price, Advance payment, Means of payment, Rental period, and Cancellations

The Rental price appears on the site or in the shop for every product. It also includes the delivery-return as they are listed on the Website at the end of the order (in the section “Your shopping bag”) or as they appear in the Shop bill. The total cost (made up of the price for one or more products and the delivery costs) is that of the final order.

Means of payment. The payment can be by credit card or cash. ITUX will issue your “Rental Price” card and invoice with the “Rental price” immediately after you placed the order. By placing the order for Products on the Website or in the Shop, you authorize us to issue your card containing the sum for the “Rental price”. In the Shop the payment can be made in cash, too. Choosing a product for reservation (on the Website or in the shop) means making an order, irrespective of the date when you wish to use the product therefore you need to make the payment.

Performing the agreement. The agreement is concluded on the day of confirming the order, by email from ITUX or right from the shop. You can place the order anytime. You choose the day when you want the product to be delivered. If the delivery day is earlier than 10 working days, you authorize us to perform the agreement on the date indicated and you renounce the legal term of 10 working days to terminate it. If the delivery day is later than 10 working days, or if the product has not been delivered yet, you may cancel the order.

Unilateral termination of the agreement. The consumer has the right to notify the shopkeeper of their renunciation of the purchase, without penalties or any other reasons within 10 working days from the reception of the product or, in case of supply of services, from the termination of the agreement.

Rental period. The fixed limit of the rental is 8 days. If “The Product” is returned earlier, “The Rental price” remains unchanged. The rental cannot be extended. You choose the day and place of the product delivery.

Product exchange. The product can be changed only once. If the change takes place within less than 10 days but not more than 3 days before the first rental day, and the exchange product has a smaller “Rental price” than the first product, the price difference is taken in advance for a future rental over a 3 months’ period of time. If the change takes place within less than 3 days before the first rental day, the price difference shall not be returned. In order to change the product rented the second time, there is an extra charge of 100 lei.

Promotions. Promotions shall not be cumulated. Promotions and discounts for the online orders are no longer available after benefitting from showroom assistance. Moreover, promotions are not valid for the orders and reservations made before the period of promotions.

Our liabilities towards you

Product delivery. We shall deliver the “product” you ordered according to size, colour and patterns, between 5 and 7 days before the date indicated in your order. The product may be slightly different in style and colour than the one in the pictures on the Website or in the catalogue. Our liability as concerns the delivery of the ordered product is limited at the date and place indicated in the order. In case of non-performance, we shall give you back fully the “Rental price” if it has already been paid.

Return of the unused product because of its sizes. If the product is not in the right size, you can give it back within 24 hours from its receipt (except for the Sundays and the legal holidays) by contacting us by email or phone as long as the product has not been worn or tried previously in the showroom. In this case we shall deliver another size to you (if available) or we shall give you back the whole “Rental price” (less the delivery-return costs) within 7 working days through banking transfer.

“Clean and ready-to-wear” delivery. For orders the products shall be delivered the earliest on the next day following the day of the order. The delivery costs and means are chosen only by ITUX. The product will be professionally cleaned and ready to wear. We ensure dry clean and careful check of each product’s condition. You take the risk of using the product and we don’t take the responsibility for the health problems caused by the use of the product.

Return of the product. On product delivery we shall ensure a return tag for the product and return instructions (The Return Package).

Services. On the Website and in the shop we shall provide you with various assistance services for choosing the product. The services do not include warranties about the final result.

ITUX liability. Guarantees and damages. 

The guaranties we provide can only be used by you and cannot be sold or given to another person. They are fully listed in this agreement. Our warranties do not apply in case of breaching of the liabilities. The only damage and liability of ITUX for breaching this agreement consist of replacing at our choice the ordered product at reasonable commercial efforts or giving back the “Rental costs” without the delivery cost.

These are the only guarantees provided. No other provision, express or ensuing, written or oral (including guaranties for the sale, for certain purposes or other breaches) for our products and services shall provide additional guarantees.

Direct and indirect damages. Under no circumstances is ITUX (or its providers) liable towards you or third parties for special, incidental or indirect damages, or for profit losses or damages as a result from our products or in relation to them, whether they are based on guarantees, agreements, tort liability or not, even though ITUX has already been informed about these risks.

The use of products at your own risk. ITUX (or its providers) is liable for the damages resulting from this agreement, from the products or services in relation to it on the basis of guarantee, agreement, prejudice, within the “Rental costs” related to this Agreement. You take responsibility and liability fully for any damages resulting from using the products throughout the rental period.

Processing personal data and privacy policy. The information note on processing personal data is displayed on the site under “Privacy Policy” section and right from ITUX shop.

Your liabilities towards us

Product reception. The product may be taken from our shop or delivered by the delivery service. After delivery, you take full responsibility for the product. If you choose the delivery service, you have to receive the product on the day and at the time you indicated in your order. We recommend you to give a safe address for delivery where somebody (you or somebody else mentioned in the order) should get the product. Should an inaccurate address be indicated, (the product is delivered without being taken by somebody), ITUX takes no responsibility for the products delivered unsafely. Furthermore, if you give an improper address, you take the risk of delivery delays or extra costs for which you are fully responsible.

Using the product. You undertake to use the product carefully, as if borrowed from a close friend. You are responsible for any loss, destruction or damage caused by theft, strange disappearance, fire, important stains (so big that they cannot be cleaned) or any other causes, other than the usual ones. The common usage covers small stains, missing buttons or stuck zips. If you give back a product more damaged than its common usage, then you agree with the charge of any repair costs and you shall pay for the product repair or replacement, as we will bill them in relation with the product retail value.

Product return. Rental extension. You undertake to give the product back to ITUX by the Return Package on the return date indicated in the bill related to your order. The product shall be returned by the end of the day the rental ends.

If you lose the Return package, you undertake to return the product at your own costs at the return date and you shall let us know the identification number of the shipment.

Overdue return. Penal clause. If you return the product later than the rental date, a “Delay cost” shall be debited from your card or charged for every delayed day. The extra cost per day is 40% of the “Rental price”, but not more than 100% of the “Product catalogue price”. “The delay costs” are calculated for every product from the order. If you haven’t returned the product within 20 days from the return limit date, we shall consider it a nonreturnable product and you will have to pay 100% of the “Product catalogue price”. Any return later than 20 days is penalised by 100% of the “Product catalogue price”. If you pay this sum, the product is yours, without any guarantee from ITUX.

Recovery of all costs. If you don’t pay all the necessary sums (Rental cost, Delay costs, and any other costs), we shall initiate recovery procedures. Thus, we shall impute by legal procedures all the remaining costs including the recovery fees.

Services. Customer account

Access to services is for every person having or making a Website Account or accessing services in the Shop. Access to services is possible only by agreeing with the Rental agreement and the Website Terms and Conditions, including the Privacy Policy.

Exclusion. We have the right to exclude you from our customer list and to refuse you any future rental of products should you breach the present Agreement.

Email. Newsletters and campaigns. By agreeing with or signing this agreement you accept that ITUX uses the information filled on the Website or in the written orders, including your email address. You agree with receiving from us regular information and promotional materials, such as newsletters, notices, etc.

Your data used to send you newsletters may be used by ITUX within the limits of the Privacy Policy.

You may give up receiving newsletters anytime by emailing us at office@iTUX.ro or in the section “My account” on the Website.

Other clauses

This agreement (including the Terms and Conditions and the Privacy Policy for the Website) is fully between you and ITUX as concerns the related products and one’s full final exclusive agreement, which replaces all the previous written and oral agreements regarding the matter under discussion. Only ITUX can operate changes to it. We have the right to terminate or amend the present agreement whenever necessary, for any reason, by notifying you the termination or amendment reason. Disclaimer of any term or condition and any breach of the agreement shall have no effect upon any other term or condition of this agreement. The agreement shall be governed by and construed in accordance with the provisions of the lease provided in the Civil Code. Termination of this agreement shall not exempt you from any related payment liabilities. Should any provision of the agreement be declared illegal, inapplicable or in conflict with any law from any authority of full jurisdiction over this agreement, the validity of all the other sections or provisions from this document shall remain in force and with full effects. ITUX shall take no responsibility for the impossibility to perform any of its obligations mentioned above by reasons of force majeure.