Items rendered for sale/ hire on this App and Website may be used and worn by individuals who are below 18 years of age, but, rentals and all other payments should necessarily be made by persons who are 18 years of age or above. If a Minor (person below 18 years of age) wishes to use or transact on this Webite, such use or transaction shall be made by his/ her legal guardian or parents on this App and Website. The Website Owner reserves the right to terminate the membership and/ or refuse to provide the Website User with access to this Website if it is brought to Website Owner’s notice or if it is discovered that the Website User is under the age of 18 years or is incompetent to enter into a legally binding Contract according to the provisions of the Contract Act.
The parties to this agreement are the lessor and the lessee where TheDressBank Or the company is the Lessor & the customer who wishes to rent the apparel or accessory (either western wear or ethnic wear) is the lessee or “you”. By renting any apparel or accessory on TheDressBank.com owned by TheDressBank you agree to be bound by these general terms and conditions of the company. The terms of the rental agreement are as follows:
NATURE OF CONTRACT:
Here the rights to use the product are transferred to you on payment of the rent to TheDressBank and thus you are the deemed owner of the usage rights of the good. In no way this contract signifies that the good belongs to you on a permanent basis, the same have to be returned in a condition similar to the condition in which it was delivered to you. As per the MVAT Act, this is transfer of usage rights to you.
TENURE OF CONTRACT:
Contract has a period that is equivalent to the tenure of the contract that has been chosen by the customer while placing the order. The return date is fixed and is imprinted on the proforma invoice, the apparel / accessory has to be returned in as-is condition, by the return date, as was delivered to the customer by TheDressBank.
USER ACCOUNT AND REGISTRATION
The Website may need not register himself/ herself to navigate through this Website, but, is required to register himself/ herself on this Website by making an Account on this Website, called as the “TheDressBank Account” for availing all/some of the services provided by this Website, including, but not limited to renting of the products available on this Website. The Website user shall be allowed to rent the products displayed on this Website or avail any of the services provided by this Website, only after registering himself/ herself on this Website. Website User shall maintain the privacy and confidentiality of the information provided by him/ her for registering himself/ herself on this Website called the “Account Information” including, but not limited to the Display Name and the Password. The Website User shall be solely liable and responsible for the correctness of the Account Information being provided by him/ her.
The Website User may also register by logging into his/ her account with a third party social networking Sites, including, but, not limited to Facebook and Instagram. The Website User may choose to link his/ her TheDressBank Account with third party accounts, by either Providing Website User’s third party account information to this Website on TheDressBank Account, or Allowing the App Owner /Website Owner to access the App User’s /Website User’s third party account on the social networking site, as is permitted under the applicable terms and conditions that govern the Website User’s use of each of the third party account on the social networking Site.
The Website User’s relationship with the Third Party Service Provider associated with the Website User’s Third Party Account on the applicable social networking site(s) is solely governed by the Website User’s agreement(s) with such Third Party Service Provider. The Website Owner does not review any of the information provided by the Website User to such Third Party Account on the applicable social networking site(s) for any purpose, including, but not limited to, for accuracy, legality or non-infringement and the Website Owner is not responsible for any information which the Website Owner uses from the Third Party Account.
The refundable deposit, if any, has to be paid in full while accepting the delivery for the placed order. The affiliates of TheDressBank completing the delivery will hand over a proforma invoice with the payment details chosen by the customer. The invoice / receipt would be mailed to you electronically on successful completion of the order.
There are no charges for delivery and pick-up, However TheDressBank may start charging for the extra service at any point in future. The deposit, if any, is a refundable & interest free amount, billed to you at the time of delivery or at the time of confirming the order online and will be subject to refund only post successful verification of the quality of the apparel returned to TheDressBank.
The deposit, partially or in full, may be retained if the apparel is damaged beyond repair i.e. can’t be repaired or the cost of repairs being very high.
Lessee has to be present at the agreed date and time at the specified address given while placing an order with TheDressBank.
Accepted apparel/accessory cannot be returned without the fee being charged for. Once you have accepted the delivery, no request on refunds, alterations, exchanges may be entertained, however the decision of TheDressBank would be considered final.
Though we do quality checks at our end before delivery, the lessee is expected to see if there are any damages and report the same to representative of lessor so that an exchange may be arranged. TheDressBank does not guarantee that the same apparel/accessory would be made available for exchange.
One signed copy of the pro-forma invoice is to be kept by each party.
At the time of delivery, the apparel/accessory would be collected in the containers provided by TheDressBank and will not be checked until they reach the warehouse of the company. In case of damages, the company will inform you of the damages and would take specific actions on retaining the deposit, an invoice will be given to you for the same.
The Lessee agrees to pay for any damage to, loss of, or any theft (disappearance) of apparel/accessory , regardless of cause or fault.
Minor wear and tear is accepted and will be ignored, on consideration and acceptance by TheDressBank.
Any damage that results in the product being unusable will result in the deposit amount being charged to the lessee.
Stains on apparel/accessory which are not removable via dry cleaning / cleaning will result in deposit amount being charged to the lessee. The extent of damage would be ascertained by comparing against the apparel as was delivered to you by TheDressBank. Any variation showing damages, if ascertained as not caused by normal wear and tear, would result in the deposit being retained.
If the apparel / accessory quality check is complete without any reports on wear and tear and damage to the apparel, the whole amount of refundable deposit will be refunded to the Lessee without any interest within 7 working days. It is clarified that any cancellation of the Order(s) made by the Website User for any of the product(s) shall be subject to the Return and Cancellation Policy. All the provisions of the Return and Cancellation Policy shall govern any of the cancellation requests made by the Website User in relation to any of the Order(s) placed by him/ her.
USE OF THIS SITE
The Website User shall at all times while accessing, uploading and/ or using the services of this Website shall abide by the following principles :
Website User shall not host, display, upload, modify, publish, transmit, update or share any information, including but not limited to, content, image or graphic, which:
belongs to another person and to which the Website User does not have any right to;
is grossly false, inaccurate, harmful, harassing, abusive, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing in any manner, whatsoever;
is misleading or harms minors in any way;
is patently offensive to the online community, such as sexually explicit content or provides material that is violent or otherwise inappropriate or solicits personal information from anyone or provides content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
infringes upon or violates any third party’s rights, including, but not limited to, intellectual property rights, which includes patents, trademarks, copyrights or other proprietary rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides information violating someone’s privacy, or provides or creates computer viruses;
contains video, photographs, or images of another person, without that person’s consent; impersonates another person; tries to gain unauthorised access or exceeds the scope of authorised access to the App or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the App or solicits passwords or personal identifying information for commercial or unlawful purposes from other App Online visitors;
The Website User shall not create liability for the Website Owner or cause the Website Owner to lose (in whole or in part) the services of Website Owner’s internet service provider (“ISPs”) or other suppliers;
The Website User shall at all times abide by the requirements of the Information Technology Act, 2000 (hereafter referred to as the “IT Act”) and the rules, regulations, policies, guidelines, bye laws and notifications made thereunder and/ or any law which is applicable for the time being in force while uploading any content, accessing, or using the services offered by this Website. The Website User shall unequivocally declare that in case of violation of any of the provisions of the IT Act and/ or rules, regulations, bye-laws, policies, guidelines and notifications made thereunder and/ or any law which is applicable for the time being in force, the Website User shall be solely responsible at his/ her own costs for all acts, deeds and things and the Website User shall be liable for any kind of civil or criminal liability there under.
CONTENT ON THIS SITE
This Website may contain references/ links to Third Party Websites/ Resources, including but not limited to, products, services or other content. The Website User acknowledges that the App Owner is not liable in any manner, whatsoever, for any of such content, which includes the availability and/ accuracy of such websites/ resources and the content, products or services offered by such websites/ resources as may be displayed on this Website or that the Website User may be re- directed to while accessing this App or availing the services offered by this Website. It is hereby clarified that the references/ links to such Third Party Websites/ Resources, which may be displayed on this Website, are not owned, operated or controlled by the Website Owner and it does not imply any endorsement by the Website Owner. The Website Owner shall not be liable for any of the privacy practices of the Third Party Website(s)/ Reference(s).
The Website User is required to provide a valid phone number, credit card/debit card details, accurate and full Shipping Address in order to avail the Services provided by the Website Owner, including and not limited to, placing orders for renting or purchasing the Products displayed on this Website. By registering the phone number with the Website Owner, the Website User consent to be contacted by the Website Owner via phone calls and/or SMS notifications, in case of any Order or shipment or delivery related updates.
Content made available on this Website, including but not limited to, images, specification of the products or any comments are available on “as is” and “as available” basis and is displayed solely for informational purpose. The content made available on this Website shall not be relied by the Website User as substitutes for professional advice or services. Website Owner expressly disclaims any warranties or representations (express or implied) in respect of quality, authenticity, suitability, accuracy, merchantability, fitness for a particular purpose, or legality of the listed product (including product or pricing information and/or specifications) on the website. It is hereby clarified that the Website Owner shall have the sole discretion to update, change or modify the content made available on this Website. The Website User exclusively agrees and acknowledges that the Website Owner is not liable for any non-disclosure or incomplete disclosure of any information in relation to the products displayed or the services offered by this Website.
In relation to products listed by Contributors, iIt is hereby clarified that the Website Owner is not partnering or associated in any manner with any of the Contributors and/or Brands or Designers of the products listed by Contributors specified on this Website. The products listed by Contributors and displayed on this Website are not provided under the authority and control of the specific Brands or Designers, as the case may be. The copyright, design rights and other intellectual property rights in relation to the products listed by Contributors on this Website are owned by the specific Brand or Designer, as the case may be and the Website Owner does not own or have any right in such copyright, design rights or other intellectual property rights associated with any of the products displayed on this Website. At no time shall any right, title or interest in the products listed by Contributor vest with Website Owner nor shall Website Owner have any obligations or liabilities in respect of any transactions on the website pertaining to the products listed by Contributors.
Each of the products (other than those displayed by Contributors) displayed on this Website are exclusively owned by the Website Owner. The copyright, design rights and other intellectual property rights in relation to the products displayed on this Website are owned by the specific Brand or Designer, as the case may be and the Website Owner does not own or have any right in such copyright, design rights or other intellectual property rights associated with any of the products displayed on this Website.
The Website Owner does not guarantee that the Website User will always have an uninterrupted access to this Website and it does not warrant that the information available on this Website is complete, true, accurate and not misleading. Nothing on this Website constitutes or is meant to constitute advice of any kind. The Website Owner will make their best effort to provide an error free and continuously available Website without any dangerous elements being sent to the Website User’s computer, laptop, mobile phone or any other device with which he/ she is using this Website. However, the Website Owner shall not be liable to the Website User in any way, in relation to the content, use, electronic communication sent or otherwise anything in connection with this Website is free from viruses or other harmful components. The Website Owner cannot fully control the internet’s flow of information, it cannot ensure that they do not contain any elements that may harm the Website User’s computer, laptop, mobile phone or any other device with which the Website User is using this Website.
The Website Owner may, at its own discretion, at any time without any prior notice, take steps to ensure the security and quality of this Website and restrict or limit the access to this Website.
TheDressBank is not affiliated with, endorsed or sponsored by the trademark holders of the product. The trademarks are used on the website to identify products of the respective trademark holders and to inform the customers of their source.
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Website Owner, its affiliates, its business associates or its Contributors and is protected by India and international trademark, copyright, authors rights and database right laws. The compilation of all content on this website is the exclusive property of Website Owner and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Website Owner, its affiliates or its software suppliers and is protected by India and international copyright and author rights laws.
Website User may not systematically extract/ or re-utilise parts of the contents of the website. In particular, Website User may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website.
The Website Owner respects the intellectual property of others. If the Website User is of the opinion that any of the products displayed on this Website infringes his/ her copyright, then a request may be made to the Website Owner on the details available on this Website for the removal of the said product from this Website. The request shall be made and the same shall be processed according to the Intellectual Property Policy of this Website. The Website Owner may, at its sole discretion, take any action as it may deem fit to them.
LIMITATION OF LIABILITY
APPLICABLE LAWS AND JURISDICTION
Unless, otherwise specified, the products available and the services offered by this Website are solely rendered in India. The Website Owner makes no representation that the products on this Website are for use/ available in any other Country/ location other than India. The Website User may choose to access this Website from any other location, other than India, but, he/ she does this in his/ her sole discretion and the Website Owner shall not be responsible, in any manner, for supply/ delivery of products ordered from locations, other than India.
When the Website User uses this Website or send emails or other data, information or communication to the Website Owner, the Website User agrees and understands that he/ she are communicating with the Website Owner through electronic records and the Website User consents to receive communications via electronic records from the Website Owner periodically and as and when required. The Website Owner may communicate with the Website User by email or by such other mode of communication, electronic or otherwise.
All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be sent to [email protected].