Terms and Conditions
1. Validity of general terms and conditions (GTC)
Our General Terms and Conditions (GTC) apply to all rentals arranged in writing, by telephone and through bookings in the online shop. The customer (renter) confirms with their online booking, text message, telephone order or signature that the general terms and conditions are part of the rental agreement.
Actions to fulfill the contract on our part do not count as consent to contractual terms that deviate from our terms. If there are still ambiguities in the interpretation of the contract, these are to be cleared up in such a way that those contents that are usually agreed on in comparable cases are being agreed on.
Should one or more provisions of these General Terms and Conditions be ineffective, the remaining points remain unaffected.
The contract language is German. The legally binding language of the terms and conditions is German. In the event of discrepancies in the English version offered, the original German text applies.
Our terms and conditions are available online under www.dresscametrue.com/agb .
Our offers, including the presentation in the online shop, are non-binding and do not constitute offers in the legal sense.
Even when booking online, the rental contract only comes into effect upon receipt of a separate order confirmation (acceptance) or delivery by us. An acceptance is only possible after receipt of the payment of the rental price including the deposit. The confirmation of receipt sent after the booking is not valid as an order confirmation and does not trigger the conclusion of the rental contract.
We currently only offer our services in the Vienna area, Austria. For an offer in other regions, please contact us in advance. We reserve the right to refuse bookings without giving reasons.
3. Protection of Records / Confidentiality
Cost estimates and other documents such as brochures, catalogues, samples, presentations, content of our website, photos and the like remain our intellectual property. Any use, in particular passing on, duplicating, publishing and making available, including copying only in part, requires our express consent.
All of the documents listed above can be reclaimed by us at any time and must be returned to us immediately without being asked if the contract does not come about.
Furthermore, our contractual partner undertakes to keep secret the knowledge that has come to him from the business relationship towards third parties.
4. Rental Price
All prices quoted by us for the rent are exempt from sales tax due to the small business regulation.
If technical errors lead to incorrect pricing, we will point out the correct price and allow you to cancel free of charge. Errors excepted.
Payment is made when booking and before the start of the rental period in cash or with one of the payment methods available in the online shop.
In addition to the rental price, an adjusted deposit is required, which will be refunded within 7-10 days after the rental item has been returned if the dress is returned undamaged and with no serious soiling.
Damage that can be easily repaired, e.g.
- missing decorative stones
- damaged zipper
- open seams
and the like will be covered from the deposit and the remaining amount is returned to the customer. The repair costs become part of the rental price.
If the repair/cleaning costs exceed the deposit, or if there is severe or irreparable damage or dirt that cannot be removed by normal cleaning, if the rented item is destroyed or lost, the deposit will be retained in full. There is no refund and the deposit becomes part of the rental price.
The customer is also liable for damage that exceeds the amount of the deposit up to the amount of the replacement value or the cost of restoration, insofar as this is possible, appropriate and reasonable for us based on the condition of the rented item.
The rented item must be checked for defects upon acceptance and these must be reported to us immediately. Damages that are not claimed at this time are to be attributed to the customer in case of doubt.
5. Terms of payment (due date)
The rental price is due at the time of booking. If we are unable to confirm the booking, the customer will receive a full refund within 7-10 business days. Written confirmation of the booking will only be given after receipt of the rental price.
6. Interest on late payment
Even if the buyer/orderer is in default of payment through no fault of his own, we are entitled to charge interest on arrears at a rate of 10% above the base interest rate annually; this does not affect claims for reimbursement of proven higher interest.
7. Rental and use of the rental object, liability and obligations of the customer
Rental items can either be rented for 2 hours, 8 hours, 3 days or 6 days, whereby these periods are to be understood from the start of the rental (date and time) (example: rental 01.01.2022 2:00 p.m., rental period 3 days = rental end no later than 04.01. 2020 14:00).
The rental items are professionally cleaned by us before each rental and checked for damage and defects. Cleaning or modifications by the customer or his representative is not permitted.
The use of the rented item is reserved for the renting customer, a transfer to third parties without our consent is not permitted.
All rental items are provided with a product label upon delivery. The product label must not be removed when trying on the product. If the rental item does not fit, it can be returned free of charge within 6 hours of the start of the rental, provided the product label has not been removed or manipulated and the rental item is in perfect condition. However, if the rental item has been worn, damaged, soiled, modifications have been made, sweat or other odors are perceptible, the full rental price must be paid or the deposit may be retained.
The return must be communicated immediately by telephone or contact form / e-mail / Whatsapp.
The customer undertakes to handle the rental object properly and carefully, to store it appropriately and to protect it from damaging influences.
If the rented item is damaged, stolen, confiscated, etc., the customer must inform us immediately and is liable for any damage caused as a result.
8. Retention of Title
The goods remain our property at all times.
9. Non-fulfilment/delay in delivery and performance
If the rental item is no longer available (e.g. damage during previous rental, destruction, etc.), we reserve the right to cancel the booking at any time before the start of the rental and to withdraw from the contract. The rental price including the deposit will be refunded immediately. As far as possible, we are happy to help you choose an alternative rental property. The customer does not have any claims resulting from the cancellation.
10. Provider Liability
The provider is not liable for financial losses of the customer. Furthermore, we assume no liability for the content and websites, or their data security, which are linked on our Internet platform. We also assume no liability for allergic reactions to the material of the rental objects or cleaning agents. In any case, please inform us of any allergies before booking.
11. Delivery/Collection/Delayed Acceptance/Delayed Return
Delivery dates are only binding after confirmation by us.
The rental item is usually delivered within +/- 1 hour of the booked start of the rental period. If there are delays in delivery, we will try to contact the customer in good time. You will not be entitled to any claims as a result of delayed delivery.
The rental item is usually picked up within +/- 1 hour of the booked end of the rental period. If there are delays in collection caused by us, we try to contact the customer in good time. You will not be entitled to any claims resulting from a delayed collection and you will not be charged any extra rental costs.
If you are not available at the address given +/- 1 hour before the booked rental start/end, please contact us in good time (at least 4 hours in advance) so that we can coordinate the appointment. In any case, unannounced absence from the handover triggers an additional delivery/collection fee of EUR 15 per attempted handover.
If the return is delayed, the rental contract will not be extended, but an additional daily rent will be due for every started 24 hours of delay.
12. Cancellation Fees
Cancellation by the customer is free of charge until up to 48 hours before the start of the rental period, all payments made will be refunded.
Up to 24 hours before the start of the rental period, 50% of the rental fee will be charged, excluding the deposit, and the remainder of any payments made will be refunded.
In the event of cancellation within the last 24 hours before the start of the rental period, the full rental price, excluding the deposit, is due and any payments made will not be refunded.
13. Applicable Law
Austrian law applies to the rental agreement.
14. Jurisdiction Agreement
The court in Korneuburg, which is responsible for our registered office, is responsible for deciding on all disputes arising from this contract. However, we have the right to sue at the contractual partner's general place of jurisdiction.
One of the courts in whose district the consumer has his domicile, habitual abode or place of employment shall be responsible for all lawsuits brought against a consumer for disputes arising from this contract. The statutory places of jurisdiction apply to consumers who are not resident in Austria at the time the contract is concluded.
Consumers have the option of submitting complaints to the EU's online dispute resolution platform: http://ec.europa.eu/odr. You can also send any complaints to the email address given above.
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
15. Electronic Billing
Our customer agrees that invoices can also be created and sent to him electronically.
16. Electronic Communications
The customer agrees that the contract-related communication can take place in electronic form
17. Image copyright
All image copyrights are owned by us or our partners. Even partial use of images is not permitted without our express consent.