These general conditions apply to any contractual relationship between:
On the one hand:
LA GARDE-ROBE, having its head office at c/o EltBach Conseils, Jacques S Keller, ch. de la Pallanterie 11, 1252 Meinier.
Mobile: 078 808 36 46 Email address: firstname.lastname@example.org
And on the other hand:
Any individual or legal entity (hereinafter referred to as "User", "Tenant" or "Owner") who has placed an order on the site or has deposited a rental item on the site.
La Garde-Robe is a Swiss company registered in the Geneva Trade Register under number CHE-146.490.572, with its head office located at 42 route de Frontenex 1207 Geneva, which offers clothing and accessory rental services (hereinafter the "Articles") online at its website www.lgr-geneve.com and/or www.lagarderobe.ch.
According to the terms of the Supply Contract and these General Terms and Conditions, the owner of a garment (hereinafter the "Owner") makes available to La Garde-Robe the garment(s) he wishes to enhance (hereinafter the "Articles") by having them rented to La Garde-Robe.
La Garde-Robe for its part rents the items to its customers (hereinafter: the "Tenant(s)") for a determined period of time under the conditions provided for in the present General Terms and Conditions.
The website www.lgr-geneve.com (hereinafter the "site") is both a platform enabling the Owner to offer La Garde-Robe the availability of their items and a platform on which the Tenant can discover the available items and rent them directly on the site.
The Owner and the Tenant are commonly referred to as "Users".
ARTICLE 1: CONTRACT OF PROVISION BETWEEN THE OWNER AND LA GARDE-ROBE
The Supply Agreement concluded between La Garde-Robe and the Owner is an agreement by which the Owner makes available to La Garde-Robe one or more Articles of which he is the owner in return for a remuneration paid to him by La Garde-Robe equal to 25% of the rental price, excluding VAT.
The legal relationship between La Garde-Robe and the Owner is governed in the first place by the Contract of Provision, which refers to these General Terms and Conditions. In addition, the provisions on the Lease Agreement contained in Articles 253 et seq. of the Swiss Code of Obligations (hereinafter "CO") shall apply.
The Owner expressly accepts that La Garde-Robe sublets the Articles to the Tenant(s) under the following general rental conditions which he declares to have received and understood.
ARTICLE 2: SUBMISSION OF AN ARTICLE FOR PUBLICATION ON THE SITE
2.1: Delivery of the Article by the Owner
An Owner can submit items for rental via a deposit form available in the "Rent out my wardrobe" tab in the site menu.
The Owner must fill in a detailed description of the item he wishes to rent out, including the brand, condition and photos of the item.
The Owner fills out the deposit form on the site.
The Owner declares that he accepts these General Terms and Conditions when he completes the Article deposit form.
If La Garde-Robe accepts the rental of the proposed item, a stamped label will be sent to the Owner by email, who will then forward the item to La Garde-Robe by post.
The Owner sends his article by mail to the company la Garde-Robe, at the following address:
Centre commercial Eaux-Vives 2000, Boutique La GARDE-ROBE, 3 rue de Jargonnant 1207 Genève.
2.2 : Presentation of the Article to the Tenant
The Owner authorises La Garde-Robe to publish his Article on its website www.lgr-geneve.com and/or www.lagarderobe.ch.
La Garde-Robe reserves the right to accept or not the renting of the Article on the Site without having to justify the reason to the owner.
The publication of the Article on the Site must be carried out by La Garde-Robe, the Owner not being authorized to publish content on the Site.
If the Article received by La Garde-Robe does not correspond to the description or photos of the Article submitted in the deposit form, La Garde-Robe reserves the right to request reimbursement from the Owner for the amount of the costs incurred for the publication (e.g. transport costs, administrative processing fees).
ARTICLE 3: RENTAL PROCESS
The tenant rents a garment and/or accessory on the www.lgr-geneve.com website by choosing the size, model and duration of the rental.
The tenant pays the amount of the rental at the time of placing an order on the site.
Three days before sending the rented item, a deposit is taken from the tenant by La Garde-Robe via the company Stripe in the form of a bank imprint on the account linked to the credit card used to pay for the rental; under no circumstances will this amount be debited from the tenant's bank account.
The bank imprint is cancelled when the item is returned after the rental period and when it is returned in the same condition as when it was shipped.
La Garde-Robe will ship the rented item according to the mode chosen by the tenant at the time of placing the order.
Each item is shipped with a quality sheet indicating the defects of the item at the time of shipment.
The lessee is obliged to check the condition of the article once it has been received and is required to read the quality sheet.
In the event of dispute of the quality sheet, the tenant is under the obligation to contact La Garde-Robe within 24 hours by email at email@example.com or by telephone at 078 808 36 46 and attach the images of the defects found not mentioned in the quality sheet of the said article.
Each item shipped has a protective tape. When the lessee detaches the protective tape, this action is tantamount to acceptance of the lease, without reservation.
On receipt of the article, La Garde-Robe checks the condition of the article:
- If there is no difference between the state before the rental and the state after the rental of the item, La
If there is a difference between the pre-rental and post-rental condition, La Garde-Robe will cash in all If this restoration proves impossible, i.e. when the item is no longer suitable for rental, the entire deposit In the event of total damage, La Garde-Robe reserves the right to recover by any useful means, including legal proceedings, the amount corresponding to the difference between the actual value of the damaged Article and the amount of the deposit retained.
ARTICLE 4: DATA PROTECTION
Before making a rental or a proposal to make a property available on the Site, Users must first register on the Site and have a personal account for this purpose.
La Garde-Robe asks its Users to communicate a certain amount of personal information in order to identify them and to guarantee the proper execution of the contract (e.g. name, address, date of birth, banking information).
The Tenant undertakes to provide the company La Garde-Robe with personal data that is not misleading or fanciful, in particular concerning his surname, first name, date of birth, postal address, effective telephone number, measurements and e-mail address.
In the event that the hirer provides incorrect data, La Garde-Robe shall withdraw from any obligation to properly execute the rental according to these general terms and conditions.
The Users authorise La Garde-Robe to store the collected data so as to allow for its reuse and to guarantee proper execution of the contract, as well as any future rentals.
La Garde-Robe guarantees the confidentiality of Users' personal data, which is collected for commercial purposes only, and for professional or statistical purposes.
Users may at any time, if they wish, modify their personal data from the Site.
Personal data shall be accessible only to authorised personnel.
ARTICLE 5: EXECUTION OF ORDERS ON THE SITE
The Tenant must follow all the steps required by the Site in order to finalize his order. After choosing the desired item, he receives a summary of his order by e-mail.
The validation of the order by the Tenant implies acceptance of these General Terms and Conditions.
An order from the Tenant on the Site is made in this order;
The order is subject to the authorisation given to the payment platform to keep a record of the Tenant's bank card corresponding to the amount of the deposit. In this respect, the Tenant undertakes to have the amount of the deposit on his account three days before the date of dispatch of the package.
Failing this, a lump sum of twenty Swiss francs will be debited from the Tenant's means of payment and the order will be cancelled (the Tenant will not receive the rented items).
The order is definitively registered only after validation by the User of his payment agreement and acceptance by the bank of the transaction. As soon as the order has been registered, the User receives a confirmation e-mail containing the essential elements of the order.
La Garde-Robe reserves the right to modify the prices of the items put online and/or the deposits. Nevertheless, the services will be invoiced on the basis of the rates in force at the time of the transaction.
ARTICLE 6: NATURAL AND LEGAL PERSONS
Natural persons placing an order on the site:
Declare that they have read, understood and accepted the present General Rental Conditions which Legal entities placing an order on the site :
ARTICLE 7: TRYING ON AN ARTICLE
When the Tenant tries Article(s), the Tenant shall enter into an agreement with La Garde-Robe governed under the special conditions of this Article.
This article is supplemented by the provisions applicable to the rental as set out in these General Terms and Conditions, which apply by analogy to the fitting.
The Tenant may try on items at his home.
Some items such as "accessories" are not available for fitting.
7.1: Fitting at home
The Tenant may try on items for a maximum of 24 hours. The number of fittings is limited to 3 items. Accessories (bags and shoes) are not available to try on.
The Tenant undertakes to wear the Article solely for the purpose of trying it on. Any other use of the Article is strictly forbidden.
In particular, it is forbidden to wear the Article for several hours. In the event that the tried item is returned dirty, La Garde-Robe reserves the right to collect the amount for cleaning and restoration of said item.
Items that have been tried must be returned. Any delay is punished by a financial penalty corresponding to 10% of the total amount of the deposit per day of delay.
The amount of this penalty may not exceed the total amount of the deposit.
In the event of damage to the Article or failure on the part of the Tenant during its fitting, La Garde-Robe will debit the total amount of the deposit.
La Garde-Robe reserves the right to recover by any useful means, including legal proceedings, the amount corresponding to the difference between the real value of the Article and the amount of the security retained.
7.2 : Rental after fitting
If the Tenant confirms his choice on an item, the item must also be returned. It will then be made available according to the rental procedure of the present Terms and Conditions.
There are two ways of renting the item you have tried:
- The tenant wishes to rent the item for a future date: he makes the rental on the website, chooses the dates and online.
The tenant wishes to keep for 4, 8 or 12 days of rental one of the items sent by La Garde-Robe as part of a 24h To do so, it is imperative to send an email to firstname.lastname@example.org to notify of your willingness to keep an item for rental directly after a 24-hour fitting.
La Garde-Robe reserves the right to refuse the rental if the item in question is not available. In this case, the hirer must return the tried article as agreed 24 hours after receipt. In case of failure to do so, i.e. if the hirer retains the item without the e-mail confirmation from the company La Garde-Robe, then the company reserves the right to charge a flat-rate penalty of CHF 50.00 in addition to the rental amount.
ARTICLE 8: DELIVERY AND RETURN OF THE ITEM BY THE TENANT
8.1: Shipment of the Article
The item(s) rented or tried are sent by post by Swiss Post according to the delivery conditions chosen by the tenant at the time of the order and on the dates selected by the tenant.
Each of the items shipped has a quality report that states its condition at the time of mailing by La Garde-Robe.
The Tenant tacitly accepts this report if he does not contest it upon receipt within a maximum period of 24 hours.
The dispute is no longer valid after the Article has been brought by the Tenant.
Any dispute must be made by email to the email address of La Garde-Robe (email@example.com).
8.2: Return of the Article
The return of the rented or tested Articles is also done by post according to the delivery conditions and dates chosen by the hirer at the time of the order.
La Garde-Robe shall draw up a quality report upon receipt of the Article. La Garde-Robe shall immediately inform the Tenant if the condition of the Article is not identical in the withdrawal report and the return report, indicating, if necessary, the amount to be collected from the deposit in order to restore the Article to its original condition.
ARTICLE 9: OBLIGATIONS OF THE TENANT
9.1: Payment of the rental cost
The total amount of the rental cost is paid by the Tenant on the day of the order on the Site. The reservation of the Article is validated upon receipt of its payment.
9.2: Conforming use of the Article
The Tenant undertakes to treat the Article with care and to use it for its intended purpose.
9.3: Return of the item on the agreed date and in a compliant condition
At the end of the rental period, the Article must be returned in the same condition as it was shipped, i.e. in accordance with the quality report placed in the shipping box by the company la Garde-Robe.
9.4 : Duty of the Tenant to report the damaged item to La Garde-Robe.
Tenants are duly informed that the items offered may show some signs of wear and tear.
Upon receipt of the Article, the Tenant may refuse the damaged or defective Article and return it. This notification must be made within a maximum of 24 hours from receipt of the Article and the Article must not have been worn by the Tenant, otherwise, this notification will remain irrelevant.
When the Tenant notices any damage, sign of wear or defect such as stains, burns, or tears caused by the Tenant, the Tenant shall immediately notify La Garde-Robe by email (firstname.lastname@example.org).
The Tenant shall not under any circumstances attempt to clean or repair the damaged Article himself or through a third party.
9.5: Prohibition to the Tenant to modify the Article
No changes to the Articles are allowed. In particular, no sewing by machine or sewing by hand is permitted.
Under no circumstances shall the items be cleaned or modified by the Tenant or a third party.
9.6: Prohibition of the Tenant to remove the protective tape if he wants to return the item within 24 hours.
In the case of a fitting that would be the subject of a return of the item within 24 hours, the tenant is required not to remove the protective tapes affixed to unworn items. Failure to comply with this clause will result in the hirer being debited the amount of the hire charge even if the items are returned within 24 hours. It will be debited on the basis of the rental price of the item for 4 days.
Indeed, when the ribbon is removed from an item, this action constitutes a firm and definitive lease.
ARTICLE 10: TENANT'S GUARANTEE
A deposit serves as a guarantee of the rented Articles, in particular in the event of damage, theft, delay or non-return of the Articles.
The deposit is an essential condition of the rental. It is fixed in Swiss francs (CHF). The amount of the deposit is shown on the product sheet of the rental item on the site.
The deposit is on hold (not charged) in the form of a card pre-authorisation and the full details of the Tenant. This card pre-authorisation is taken by the stripe payment software when ordering.
The amount of the deposit is reserved on the Tenant's card three days before the rental date.
No deposit will be debited from the card if the Article is returned undamaged and on the date agreed when the order was placed.
By accepting the present general terms and conditions of rental, the Tenant expressly authorizes La Garde-Robe to debit its card with any amount corresponding to the damages or failures duly noted and quantified by La Garde-Robe.
10.1: Damage to Items
The Tenant is responsible for all damage to the Article during the rental period resulting from inappropriate handling or from third party damage.
If the returned Item has suffered damage requiring special treatment (other than simple touch-up or dry-cleaning), the amount of the costs associated with this treatment will be debited directly to the Tenant's credit card.
In the event of total damage, La Garde-Robe reserves the right to recover by any useful means, including legal proceedings, the amount corresponding to the difference between the actual value of the damaged Article and the amount of the deposit retained.
La Garde-Robe shall not be liable to the Owner for any damage caused by the Tenant or a third party to the Article.
10.2: Theft and loss of the Article
If the Tenant suffers a theft of the rented item, La Garde-Robe will debit the full amount corresponding to the deposit of the item, charging the Tenant to recover the said amount with his theft insurance.
La Garde-Robe reserves the right to recover by any useful means, including legal proceedings, the amount corresponding to the difference between the real value of the stolen Article and the amount of the deposit retained.
10.3: Delay of the Tenant in the restitution of the Article
When the Tenant returns the Article with a delay of between 1 and 9 days from the date of return, the Tenant will be penalized with a penalty corresponding to 10% of the total amount of the deposit per day of delay.
The amount of this penalty may not exceed the total amount of the deposit.
10.4: Non-restitution of the Article by a Tenant
Any delay on the part of the Tenant of more than 9 days from the date of return agreed when placing the order on the site is considered as a non-return of the Article.
In the event of non-return of the Article, La Garde-Robe will debit the total amount of the deposit.
La Garde-Robe reserves the right to recover by any useful means, including legal proceedings, the amount corresponding to the difference between the real value of the non-returned Item and the amount of the deposit retained.
ARTICLE 11: CANCELLATION BY THE TENANT
Any order can be cancelled directly on the site www.lgr-geneve.com in the customer space of the tenant in the section "my rentals".
The tenant clicks on the "cancel" button next to the rented item. This action cancels any order placed and items are back in stock for other users to book.
-If the cancellation occurs up to 14 calendar days before the 1st day of rental then the cancellation is free of charge and the renter will be refunded the full rental amount.
-If the cancellation occurs 14 calendar days before the 1st day of rental, then the cancellation is charged the whole amount of the rental, directly debited to the tenant's credit card.
11.1 Cancellation by the Customer for non-delivery of the Article
If the Tenant does not receive the Article on the date agreed at the time of placing the order or on the date of expiry of the additional period provided for in Article 12.1 of these General Terms and Conditions ("Execution of Delivery"), the full amount paid shall be refunded to the Tenant within fourteen (14) days of receipt of the cancellation request.
ARTICLE 12: DELIVERY
12.1: Execution of the delivery
No deliveries are made on Sundays or public holidays within the meaning of Article 1 of the Geneva Law on Public Holidays (LJF).
If the Article does not reach the Tenant within the period agreed at the time of the order, the Tenant must immediately inform Customer Service by e-mail (email@example.com).
As far as the possibilities and/or the needs of each of the parties are concerned, they may alternatively agree to an additional delivery period or to the cancellation of the order.
In the event of cancellation due to non-delivery, Article 11.1 of these General Terms and Conditions ("Cancellation by the Tenant due to non-delivery") shall apply.
In no way does La Garde-robe provide a commercial guarantee concerning its services.
12.2: Exclusion of liability
The packages of the company la Garde-Robe are sent by Swiss Post. La Garde-Robe does not assume any responsibility concerning the transport and delivery of the Articles by the Swiss Post to the Users, in particular in the event of delay in delivery or damage occurring during delivery.
La Garde-Robe excludes all responsibility for the non-receipt of an order caused by the Tenant's error in communicating his personal details, bank details and/or delivery address.
La Garde-Robe declines all responsibility in connection with the non-receipt of an order caused by the absence of the Tenant at the address indicated or by any other problem related to the delivery of the Article.
La Garde-Robe declines all responsibility in connection with the non-receipt of an order caused by a defect in the postal service.
12.3: Non-availability of the Article
In the event of unavailability of the Article on the date of delivery, La Garde-Robe will inform the Tenant without delay by telephone or e-mail and may propose to the Tenant another similar Article which the Tenant will be free to accept or refuse. In the absence of an agreement on the replacement of the Article, the full amount paid by the Tenant will be refunded to the Tenant.
La Garde-Robe shall not be liable to the Tenant in the event of cancellation or non-performance of the order, in particular due to the non-availability of the Article.
ARTICLE 13: DURATION OF THE RENTAL
Each Article is rented for a period chosen by the lessee at the time the order is placed.
No rental may begin on a Sunday, nor on a public holiday within the stipulations of Article 1 of the Geneva Law on Public Holidays (LJF).
The rental period begins upon receipt of the Article at the address indicated by the Tenant according to the date agreed when the order was placed.
The end of the rental period corresponds to the date on which the Lessee returns the rented Article to the carrier designated by La Garde-Robe according to the date agreed when the order was placed.
ARTICLE 14: SUBLETTING OF THE ARTICLE TO THE TENANT
The Owner accepts that La Garde-Robe sublets the Article to the Tenant and declares that it has received and understood the conditions of subletting between La Garde-Robe and the Tenant.
The Tenant declares that he will use the Article only for the use authorised by these General Conditions for the entire duration of the rental.
The Tenant may not sublet, resell or transfer the rented item. The subletting of an Article, its provision free of charge or against payment by the Tenant for the benefit of a third party or its exchange for another Article is strictly prohibited.
ARTICLE 15: CUSTOMER SERVICE
Users may contact Customer Service at any time:
By email at: firstname.lastname@example.org
By phone at 078 808 36 46
By mail to: La Garde-Robe, 42 route de Frontenex, 1207 Geneva
Conditions of the Availability Agreement shall remain valid and continue to bind the Owner and La Garde-Robe.
ARTICLE 16: APPLICABLE LAW
Any dispute relating to the Rental or the provision of items for rental will be exclusively submitted to the competent courts of the Canton of Geneva.
All content published on this website (hereinafter "the website") belongs to Garde-Robe LGR Sàrl. This content is protected by Swiss copyright law.
The content present on the website may be printed, saved or downloaded by users of the site when it is reserved for domestic, private and non-commercial use.
All other uses in connection with the site that have not been the subject of prior written agreement from Garde-Robe LGR Sàrl are strictly prohibited.
In particular, the following are subject to authorisation: