Terms and Conditions

By Malene Birger A/S
Rahbeks Alle 21
1801 Frederiksberg C
CVR no.:26869048

Email: continuedcare@bymalenebirger.com

(hereinafter ‘us’, ‘we’ or ‘ours’)

 


1. Introduction
1.1 The following terms and conditions (hereinafter ‘The Terms’) apply to any customer’s (hereinafter ‘you’) use of our platform By Malene Birger Rent the Look, rentthelook.bymalenebirger.com (hereinafter ‘The Platform’).

1.2. The platform is developed and maintained by Continued IVS, Slotsgade 2, 3th, DK-2200 Copenhagen N with company registration number DK38958895 in according with the data processing agreement between Continued and us. Continued take full responsibility for all payments made via our platform. This responsibility includes: refunds, chargebacks, cancellations and dispute resolution. If you have any problems with your order, you can contact our customer care team on +45 78 76 65 86 or by sending an email continuedcare@bymalenebirger.com.

1.3 By using or accessing any part of the Platform and/or placing an order, you agree to the Terms.

1.4 In order to use the Platform, you must be able to enter into contracts for the goods you want to buy and/or rent. That means that if, for example, you are resident in Denmark, you can buy an item via the Platform with a debit/credit card and gift voucher once you have turned 15, whereas you must be 18 years of age to rent an item via the Platform.

1.5 We reserve the right to change the Terms at any time without prior notice, and we reserve the right, without notice, to block access to the Platform in whole or in part if we have reasonable grounds to believe that you are violating the Terms. The terms and conditions that apply to an individual order will be those that appear on the Platform at the given time when you place your order.

2. Prices and Delivery Charge
2.1 Unless otherwise stated in the Terms or the Payment Process, the stated purchase prices for items purchased via the Platform include VAT,  but exclude delivery charges, while the process stated for the renting of goods include VAT, insurance and shipping. Where there is a delivery fee for the order, this will be stated in the payment process.

3. Order/Conclusion of Agreement
You can buy and/or rent goods via the Platform as described below. This is further clarified on the Platform. Once you have placed an order via the Platform, we will send you an email confirmation. If for some reason, however, we cannot handle your order, we will contact you as soon as possibleIf we have already received payment for the order, we will attempt to refund the amount in question using the same payment method that you used. If, for any reason, alternative agreements are necessary, we will contact you.

3.1 Renting with Purchase Option
3.1.1 Most of the goods on the Platform can be rented. That means that, in the case of goods with a renting option, you can choose to rent the goods instead of buying them. You can specify a specific rental period of no less than 7 calendar days, or you can choose to continue the rental period until you terminate the rental period, and return or purchase the item, or reserve it for someone else. The total cost per settlement period, including the total monthly expenses, are given for the individual item, and you can always see an overview of this on your account page on the Platform.

3.1.2 Often you can choose to buy items that you currently rent, unless the item gets sold or booked by another person. You purchase such goods by selecting ‘Buy-Out’ via your account on the Platform, where the price for purchasing the item is also stated.

3.1.3 The item must be treated with the utmost care during the rental period, after which it must be returned to us. You must not make changes to the item. During the rental period you are obliged to treat the item in accordance with the instructions, including instructions on handling the item attached to the item (e.g. washing label) and any instructions from us. The instructions are both in the clothes and included with your order. You must use the item for general use, but also bear liability for the item until you return it. This means, for example, that you must replace the loss of value of an item, which is completely or partially destroyed or lost during the period in which you are responsible for the item.

3.2 Purchase with Trade-in Option
3.2.1 Most of the items on the Platform can be purchased with an Trade-in Option instead of renting them. Where this is possible, the Platform’s information about the specific item will state this. Purchase with Trade-in Option means that you assume ownership of the product when you purchase it, but you can exchange the item for coupons on the Platform – we call them ‘Vouchers’ – as long as this option appears for the individual item in your account on the Platform.

3.2.2 An estimate of the number of Vouchers you receive in exchange for the item is stated in your Platform account. This is just an estimate, because we cannot finally assess the condition of the item until we receive it from you. Based on the assessment, we add a number of Vouchers to your account on the Platform, and we will notify you of this via your associated email address.

3.2.3 You can use your Vouchers to purchase and/or rent items on the Platform, when this is indicated on the basis of the specific item, and, in that case, the Voucher price is stated on the basis of the individual item. Vouchers cannot be exchanged for cash payments.  

3.2.4 Vouchers are valid for 12 months from the date they are ready for use on the Platform. After 12 months, unused Vouchers are deleted. If you change your mind about your Trade-in Option, within 14 days after we have sent you a message re. the number of Vouchers we are allocating you for the item, you can notify us of this. We will then return the item to you as quickly as possible via your nearest parcel shop or post office, while billing you DKK 30 for delivery costs and any supplements from packaging providers such as fuel surcharges, or deducting the amount directly from your associated credit or debit card.

3.2.5 We always make a concrete assessment of the condition of the individual item, when you wish to exchange it for Vouchers, but generally we emphasise the following criteria:

-Items must be in good condition and ready for use: i.e., for example, without wear, tears, discolorations and stains. All buttons and zips must be in place and working, and they must be free of moths and unpleasant smells.

-No washing instructions or labels on an item must be removed.

3.2.6 It is important that you do not send or enclose anything other than the items that have an Trade-in Option. We disclaim all responsibility for lost items and anything that you have sent us in error: for example, if something was found in the pocket of an item.

4. Delivery
4.1 We strive to ship orders as soon as possible and in the order in which they have been placed, and we do our utmost to deliver your order to your nearest parcel shop or post office. We try to deliver within the deadline stated in the payment process and as stated at your check-out. However, longer delivery times may occur in the event of unexpected complications. If the delivery time exceeds 30 days, you can cancel your order.

4.2 Before you place an order, you will be informed of the expected delivery time. Once you have placed an order, if you have provided your email address, you will receive an email confirmation with information about the expected delivery time.

5. Cancellation or Return of Your Order
5.1 You can cancel or return your order from the date on which you placed the order, and up to and including 14 days after receipt of the items you ordered. You may have tried on the item, but must not have used it to such a degree that it cannot be sold again. Therefore, if you want to retain your right of withdrawal, you must not have broken stickers, tags and other labels on the item.

5.2 If you have paid for an item, we will refund the amount, including delivery charge, once we have received the returned item, but excluding delivery costs of DKK 30 and any supplements from packaging providers such as fuel surcharge, if you have returned items to us using a return label. If you choose to keep some items and only cancel part of the order, the delivery charge will not be refunded.
If you wish to cancel or return your order, please inform us in writing by using the printed return slip that comes with your package, or by completing and submitting the standard form, which you can obtain from the Danish Competition and Consumer Authority, and which you can also find in Appendix 3 in the Danish Consumer Protection Act.

5.3 If you use our printed return slip, you can return the items by: (1) Taking the return slip and writing the code that best describes the reason why you are returning the item, (2) Enclosing the return slip with the good(s) you wish to return in the reuseable packaging you received, (3) Attaching the self-adhesive return label, which is attached to the delivery note, to your return packaging or (4) Handing in the package to a delivery service.

5.4 The regulations regarding defects of the Danish Sale of Goods Act apply, and you also have a 2-year warranty period as stated in the Danish Consumer Protection Act.

6. Payment and Cancellation
6.1 Billing period for renting with purchase option: When renting with a purchase option, you grant us permission to take payment via the relevant payment method. If a payment cannot be made due to card expiry, insufficient funds etc., we may suspend your access to the Platform and demand return of the item, until we have collected the payment via a valid payment method, and we may charge certain fees. Via your payment method, we bill you for your rental of items and other fees accrued in connection with your use of the Platform each week. In some cases, the billing date may change: e.g. if a payment has not been made. You can find the next payment date on the Platform on your profile page. The option to use the purchase option is described in section 3.1.2 for the specified ‘Buy-Out’ price, after which the payment is made in accordance with the description in section 6.3.

6.2 Cancellation in the case of renting with purchase option: You can unsubscribe from a rental subscription at any time via the Platform. In the case of renting with a purchase option, where no specific rental period is stated, the rental period continues until you terminate it and have returned the item to us. You will still have access to the item until the end of the current rental period, which you can see on your profile page on the Platform. In order to cancel the rental subscription, you must return the item with the accompanying return sticker.

6.3 You must return the item in its entirety at the end of the rental period. This also includes any special packaging that belongs to, and is reserved for the service. You must return the item to us in the return packaging. We are not responsible for personal items or other items that have been left in the item, or which get returned to us in the return packaging. If you believe you have accidentally or otherwise sent us such items, please contact Customer Service immediately at customercare@bymalenebirger.com.

6.4 Payment methods: You pay on the Platform by using a valid credit or debit card such as VISA, Mastercard and VISA/Dankort with 3D Secure. The amount will be reserved immediately on your card, but will not be withdrawn until the items have been shipped. We reserve the right to check the validity of the credit or debit card, how much credit there is in relation to the payment amount, and whether the buyer’s address information is correct. Orders may be rejected depending on the outcome of this check.

6.5 Arrears/late payment: If you pay by invoice, pay next month or in instalments, and if payment is not made on time, you will be charged a fee of DKK 100 together with the first reminder, and then a fee of DKK 100 per subsequent reminder. If the balance is still not paid after at least one reminder, the entire balance is due for immediate payment. We have the right to charge interest in accordance with applicable law. If the case is transferred to debt collection, additional fees will be charged in accordance with the applicable rules on debt collection.

7. Liability
7.1 Nothing in the Terms excludes or restricts our liability in relation to issues where it would be illegal for us to limit or exclude our liability.

7.2 Product Liability
7.2.1 We are only responsible for product damage in accordance with the provisions of the Product Liability Act, which cannot be waived by agreement, and we disclaim product liability on any other basis.

7.3 Indirect Losses and Consequential Damages
7.3.1 We are not liable for indirect losses or consequential damages arising from the use of the Platform, including operating loss, loss of profit, loss and/or restoration of data, loss of goodwill and other forms of consequential loss. We are not liable for any losses incurred as a result of the fact that you have not had the opportunity to use the Platform, for whatever reason, and regardless of whether we have been advised of the possibility that such a loss could occur.

7.3.2 We disclaim any responsibility for any loss or damage that may be attributable to your own connection to the Platform, including the lack of Internet access, system crashes or other issues related to your IT equipment, software and browser etc.

7.4 Force Majeure
7.4.1 Except for payment of financial claims, we are not liable to you for matters beyond our control and which we should not have taken into account or avoided or overcome (force majeure). Issues with our suppliers are considered force majeure if there is a corresponding obstacle for the supplier, and the supplier should not have avoided or overcome this, possibly using an alternative supplier.

8. Colours, Sizes and Warranty on Items
8.1 We make every effort to display the properties of items as accurately as possible, including an item’s condition and current colours. The colour you see depends on your computer system and we cannot guarantee that your computer will display the colours accurately. Sizes of items are also stated as precisely as possible, but are only approximate values, to give you a better idea of each item’s model and/or fit. They are not a guarantee of the real size of the item you receive. The actual size may vary depending on the material of the item.

8.2 If there are errors in the items you have purchased or rented via the Platform, we comply with all statutory warranty rules. If you want to complain about obvious material or manufacturing defects in items we have delivered, including damage caused during transportation, please notify us by returning the goods to us immediately, using the pre-printed return slip supplied.

8.3 With the exception of new items, or when purchasing an item you are currently renting - what we call ‘Buy-Out’ as described in section 3.1.2 - we inspect and clean used items professionally before delivering them to you, while any errors or defects - as described in section 8.2 - will be repaired or replaced by us, or we will offer a reduction in price. In the case of ‘Buy-Out’ you inspect the item you are purchasing, because you are already in possession of the item and only you know the condition of the item at the time of purchase.

9. The Platform
9.1 Use of the Platform
9.1.1 We assign you a personal, non-exclusive and time-limited right to use and access the Platform in accordance with the Terms (hereinafter ‘Rights of Use’).

9.1.2 You can choose to create an account on the Platform. Sharing account or login information or otherwise giving third parties access to your account are not allowed.

9.2 Restrictions on Right of Use and Access to the Platform
9.2.1 Information, data, and illustrations constituting all or part of the Platform may not be shared with third parties or otherwise used to operate a directly or indirectly competing business, including reselling items, which were purchased on the Platform, outside the Platform.

9.2.2 You may not, directly or indirectly: (i) Decode, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms from all or parts of the Platform or any of its components (including, but not limited to any application) unless applicable law specifically permits, (ii) Modify, translate, or otherwise create works derived from any part of the Platform, (iii) Copy, rent, lease, distribute or otherwise transfer any of the rights, which you receive under the Terms.

9.2.3 You are personally responsible for acquiring, installing and maintaining applicable browser software and operating systems to be able to use the Platform. You are also personally responsible for creating and maintaining connectivity to the Internet and thus to our affiliated servers, when you wish to use the Platform.

9.2.4 We strive to ensure that the Platform is available 24 hours a day. However, certain technical difficulties, maintenance, tests or updates that may be required by applicable laws and regulations may result in temporary interruptions from time to time.

9.3 Platform Functionality
9.3.1 The Platform is licensed under the Terms as it is and exists, and without any warranties, remedy claims or breach obligations other than those set forth in the Terms. The platform is generally delivered as standardised software without special adaptations for the Brand and you as the end user. We therefore do not guarantee that the Platform will meet your specific needs or that the Platform is compatible with your software and/or hardware or that of a third party. We assume no responsibility for content such as items on the Platform, nor do we guarantee that the Platform is free of malware and other harmful components.

9.4 Changes and Updates to the Platform
9.4.1 We will change and update the Platform with new functionality on an ongoing basis and at our own discretion, when we deem it necessary. We can also change and update its contents and items on the Platform and the setup of its page(s) on an ongoing basis and at our own discretion. Such ongoing updates do not imply any restrictions or changes in the Right of Use.

9.4.2 We are entitled to make changes to the functionality of the Platform, including the modification or removal of functions, which we deem necessary to provide the best possible service to its customers and you. It is at all times we who decide which functions meet this requirement. Nor do such changes to the functionality imply any limitations or changes in your obligations to us, nor do they entitle you to exercise remedy for breach of contract against us.

10. Intellectual Property Rights
10.1 We, and the third parties from whom we derive our rights, have and shall retain the full copyright, access, and any other right and intellectual property rights to all content and functionality of the website, where the competitions and promotions are held, including html code, source code, text in documents, images, designs, trademarks and other items that you can access.

11. Notifications of Copyright
11.1 If your or anyone else’s protected work has been posted on the Platform without the necessary permission, you may file a copyright infringement notice. The quickest and easiest way to submit a copyright removal notice is via the email address listed at the top of these Terms.

12. Miscellaneous
12.1 Governing Law and Jurisdiction: The Terms are subject to Danish law, regardless of what may follow from regulations in international private jurisdiction. Disputes that may arise in connection with the Terms are subject to the Danish courts.

12.2 Customer Support: Visit our Help Center on the Platform for more information about the Platform, its features and the Terms, or if you need help with your account. You can call us at (+45) 78 76 65 86 or email us at continuedcare@bymalenebirger.com. In some cases, our customer service team can best help you by using a remote access tool that gives us full access to your computer or smartphone. If you do not wish to grant us this access, you should not allow support via the remote access tool. In that case, we will do our best to help you in some other way.

12.3 Validity: If any provision or provisions in the Terms is/are found to be invalid, unlawful or unenforceable, the validity, legality and enforcement of the other provisions shall remain in full force and effect.

12.4 Electronic Communication: We will send you information about the Platform and your account (e.g. payment approvals, invoices, modified payment method or password, confirmation messages and other messages) in electronic form: e.g. via emails to the email address you provided and associated with your Platform account.

 

Last updated: 29/04-2019