Terms and Conditions
By Malene Birger A/S
Rahbeks Alle 21
1801 Frederiksberg C
The Platform is developed and maintained by Continued IVS, Slotsgade 2, 3th, DK-2200 Copenhagen N with company registration number DK38958895 (“Continued”) in accordance with the data processing agreement between Continued and By Malene Birger. Continued take full responsibility for all payments made via our Platform. This responsibility includes refunds, chargebacks, cancellations and dispute resolution.
If you experience any problems with the website, please contact our customer services:
Tel.: +45 78 76 65 86 7 E-mail: firstname.lastname@example.org
These terms and conditions (hereinafter referred to as the ”Terms”) apply to the use of rentthelook.bymalenebirger.com (hereafter referred to as the ”Platform”) and the Services delivered as defined below in clause 2 (The Services on the Platform).
By accessing and using the Services provided on the Platform, you acknowledge that you have read, understood and agreed to be bound by these Terms.
Any references to ”you” or ”your” means you in your capacity as a user of the Platform, and any references to ”we”, ”us” or ”our means By Malene Birger.
1. Introduction and General Information
1.1. On this Platform, we offer up the opportunity to rent and/or purchase ready-to-wear By Malene Birger items (hereafter referred to as “By Malene Birger Items”). If you have any questions related to the Terms, please contact our customer service at email@example.com.
1.2. When using the Services provided on the Platform, a binding contract is formed when you receive an order confirmation of your order (“Contract”). This means that you must be able to enter into contracts in order to use the Services. For example, if you are a resident in Denmark, you are able buy a By Malene Birger Item on the Platform with a payment card if you are 15+ years, whereas you must be 18+ years in order to rent any By Malene Birger Items.
1.3. The Terms may be updated from time to time. Therefore, we ask you to accept our Terms each time you use the Services provided on the Platform. You will not receive a notification of any such changes. The Terms that were applicable and that you accepted when you used our Services will apply to your Contract.
1.4. We reserve the right, without notice, to block your access to the Platform in whole or in part, if we have reasonable ground to believe that you are violating these Terms.
1.5. You can, at all times, find an overview of all your orders, payments, invoices etc. on your Account on the Platform.
1.6. Use of the Platform
1.6.2. You can read more information about the use of the Platform in clause 5 (Use and Functionality of the Platform).
1.7.1. We accept the following means of payment:
1.7.2. 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 your address information is correct. Any orders may be rejected depending on the outcome of this check.
1.7.3. We will charge your chosen payment card depending on which Service you choose. You can find more information in relation to the payments of the Services in clauses 3.3 (Price and payment) and 4.5 (Price and payment) below.
1.8.1. The Services on the Platform are only provided in Denmark. The By Malene Birger Items will be delivered to the delivery address specified in your order, whereas you need to provide a residential or business address as billing address.
1.8.2. By Malene Birger Items will be delivered Monday to Friday, and we only delivery to parcel shops and post offices. Please find more information about delivery of your By Malene Birger Items in clause 3.4 (Delivery of By Malene Birger Items) below.
1.9. Colours, Sizes and Warranty on Items
1.9.1. We make every effort to display the properties of By Malene Birger Items as accurately as possible, including a By Malene Birger 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 By Malene Birger Items are also stated as precisely as possible, but are only approximate values, to give you a better idea of each By Malene Birger Item’s model and/or fit. They are thus not a guarantee of the real size of the By Malene Birger Item(s) you receive, and the actual size may vary depending on the material of the specific By Malene Birger Item(s).
1.9.2. If there are errors in the By Malene Birger Item(s) you have rented and/or purchased 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 By Malene Birger Item(s) to us immediately, using the pre-printed return slip supplied.
2. The Services on the Platform
2.1. The provided services on the Platform includes the following (“Services”):
- Rental of By Malene Birger Items (as defined below in clause 3).
- Rental of By Malene Birger Items with a purchase option (as defined in clause 4)
2.2. All items available on the Platform will be referred to as “By Malene Birger Items” as long as the items are the property of By Malene Birger. You can find more information about the ownership of the available By Malene Birger Items below in clauses 3.12 (Ownership, usage and treatment) and 4.6 (Transfer of ownership).
3. The Rental Option
3.1. In this section, you find the specific terms that apply when you choose to rent the ready-to-wear By Malene Birger Items via the Platform (hereafter referred to as “Rent”, “Rental” or the “Rental Option”). If you decide to purchase the By Malene Birger Item after Rent, please see clause 4 (The Purchase after Rental Option) for further information.
3.2. The By Malene Birger Item(s) you receive when you choose the Rental Option will (in most cases) be pre-worn. We inspect and clean all used By Malene Birger Items professionally before delivering them to you, but if you should receive a By Malene Birger Items that does not live up to your expectations, please contact our customer services at firstname.lastname@example.org or +45 78 76 65 86 within twenty-four (24) hours after you have received your By Malene Birger Item(s).
3.3. Price and payment
3.3.1. The fee for Rental of By Malene Birger Items (“Rental Fee”) will be found on the Platform, and includes VAT, insurance charges and shipping costs, unless otherwise stated in the payment process. You will receive an invoice every time we charge your payment card, which will specify the details of your payment.
3.3.2. When you place your order for Rent on the Platform, you hereby authorize us to charge the Rental Fee and other related charges and/or fees on your payment card. The Rental Fee will be withdrawn from your chosen payment card upon shipment.
3.3.3. In case we are not able to charge the Rental Fee from your chosen payment card, we are not able to ship your order for Rent. Thus, this will be considered a cancellation of your order.
3.4. Delivery of By Malene Birger Items
3.4.1. Once you have placed an order on the Platform and chosen your delivery- and return date, you will receive an order confirmation on the e-mail provided in your Account details. In this e-mail confirmation, your rental period, i.e. delivery date and Return Date (as defined below), will be noted and accepted. You order will be delivered on or before your chosen delivery date.
3.4.2. Your By Malene Birger Item(s) is considered delivered when it has been received at the delivery address specified in your order. Upon delivery you bear the responsibility of the By Malene Birger Items(s) until returned in accordance with clause 3.5 (Return of By Malene Birger Items), and you are obligated to treat the By Malene Birger Items(s) as prescribed in clause 3.12 (Ownership, usage and treatment).
3.4.3. If the delivery is delayed more than two (2) days from the delivery date, you may cancel your order by contacting our customer service at email@example.com or +45 78 76 65 86. It is your responsibility to prove that the order was more than two (2) days late, why you shall always keep documentation of the delivery. You will then receive a full refund of the paid Rental Fee on your used payment card.
3.5. Return of By Malene Birger Items
3.5.1. All By Malene Birger Items must be returned in its entirely before or on the specified return date in your order confirmation (“Return Date”) in accordance with the instructions below in clause 3.5 (Return of By Malene Birger Items). This also includes any special packaging that belongs to, and is reserved for, the Services.
3.5.2. If you have used the By Malene Birger Item(s) and return before the Return Date, this will be considered return in accordance with the Return Date.
3.5.3. You must return the By Malene Birger Item(s) by delivering the By Malene Birger Item(s) in the returning packaging to a GLS or PostNord store located in Denmark (as specified on the return label) by 12:00 on or before the Return Date. It is your responsibility to be able to provide the evidence of the return, and By Malene Birger may, at any time, ask for such evidence. We will provide you with a pre-paid and pre-addressed return package as well as instructions for your use in returning the By Malene Birger Item(s) to By Malene Birger. The return package is not yours to keep, and if you lose the return package, you will be responsible for returning the By Malene Birger Item(s) at your own expense on or before the Return Date and providing us with a tracking number by writing our customer service at firstname.lastname@example.org.
3.5.4. We are not responsible for any personal or other items left in the By Malene Birger Item(s) or which are returned in the return packaging. If you believe you have accidentally or otherwise sent us any such items, please contact our customer services as soon as possible at email@example.com. Our staff may be able to assist in attempting to locate such items at your request but are not obligated to and assume no liability for doing so.
3.6. Postponement of Return Date
3.6.1. You may be able to postpone the Return Date, which will be an option shown on your Account together with the price of postponement. You do not have a right to postpone your Return Date, since the By Malene Birger Item(s) may be reserved by another user. We are, thus, not obligated to accept a request for postponement, since this depends on availability.
3.6.2. In case you choose to postpone the Return Date, the additional price will be added to the Rental Fee and charged from your payment card upon receipt of the order confirmation.
3.7. Late Fees and transfer of ownership
3.7.1. If you do not return the By Malene Birger Item(s) on or before the Return Date, you will be invoiced a daily fee equal to DKK 150 pr. day you are late in returning the By Malene Birger Item(s) (“Late Fee”). This Late Fee will be charged on the payment card you pay the Rental Fee or any other payment card included in your Account information that you have provided to By Malene Birger, and you agree to pay such Late Fees in accordance with this clause 3.7 (Late Fees and Final Purchase).
3.7.2. We will charge the Late Fee every day you are late in returning the By Malene Birger Item(s) until such paid Late Fees equals the retail price of the By Malene Birger Item(s), which can be found on the product page on the Platform or on your Account as the RRP (“Retail Price”), or until the By Malene Birger Item(s) is returned and received by us. In any case, you will not receive a refund of the paid Late Fees.
3.7.3. When the Late Fees equals the Retail Price, and such Late Fees are paid, the ownership of the specific By Malene Birger Item(s) will transfer to you. This means that the By Malene Birger Item(s) is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the transfer of ownership of the By Malene Birger Item(s) in accordance with this clause 3.7 (Late Fees and Final Purchase) is not considered a distance sale.
3.8. Right of Withdrawal
3.8.1. As a starting point, the fourteen (14) days of withdrawal applies to your Rental, whereas the start date is the date of your order, i.e. when a Contract is entered. Since the Rental of By Malene Birger Item(s) is a service that takes place at a specific time (the rental period), the right of withdrawal ends at the start of the rental period, i.e. when delivered as prescribed in clause 3.4 (Delivery of By Malene Birger Items).
3.8.2. In case you wish to exercise this right of withdrawal, you shall use the “Cancel” bottom on your Account before the start of the rental period, i.e. before delivery. In such case, you will receive a full refund of the charged Rental Fee on the payment card you used for the Rental. If you face any problems in exercising your right of withdrawal on the Platform, please contact our customer service at firstname.lastname@example.org or +45 78 76 65 86 as soon as possible.
3.9. Return after delivery
3.9.1. As a gesture to our customers, we want to offer all customers a chance to return the rented By Malene Birger Item(s) within four (4) days after delivery, e.g. in case the rented By Malene Birger Item(s) does not fit. However, this is on the conditions that the two (2) following requirements are fulfilled:
(i) you have not worn the By Malene Birger Item(s) and thus not removed or broken the attached seal; and
(ii) completed and placed the return note in the package together with the By Malene Birger Item(s).
3.9.2. In case you have exercised this right of cancellation in accordance with this clause 3.9 (Return after Receipt), you will receive a full refund of the charged Rental Fee on the payment card you used for the Rental.
3.10.1. In case we have to cancel your order, e.g. due to stock availability or other reasons, you will receive a full refund of your Rental Fee, if charged. You will receive a notice of such cancellation as soon as possible,.
3.11. Ownership, usage and treatment
3.11.1. By Malene Birger remains the exclusive owner of any and all By Malene Birger Items during the rental period, and thus while the By Malene Birger Item(s) are in your possession. You may not in any case make any changes to the By Malene Birger Items. When you exercise the Rental Option, this is considered a service and the ownership of the By Malene Birger Item(s) does not transfer to you.
3.11.2. The By Malene Birger Items(s) must be treated with the utmost care during the rental period, and you are obligated to following the instructions prescribed in the care labels found in all By Malene Birger Item(s), including but not limited to instructions for machine washing and ironing, and any instructions given by us. You are responsible for loss, destruction or damage to the By Malene Birger Item(s) in your possession due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompassed minor stains, rips, missing beads, stick zippers or other minor damage covered by the insurance you paid for with your Rental Fee. If you return a By Malene Birger Item that is damaged beyond normal wear and tear, then you agree that we shall invoice you, and you shall pay, for the price for repairing or replacing the By Malene Birger Item(s), as determined in our discretion, up to the Retail Price for the By Malene Birger Item(s).
3.12. Use and expiry of Credits
3.12.1. If you have any credits on your Account (“Credits”), you may use and apply such Credits for any Services provided on the Platform, including the Rental Option.
3.12.2. All Credits will expire one (1) year after the date of receipt of such Credits.
4. The Purchase after Rental Option
4.1. In this section, you find the specific terms that apply when you choose to purchase By Malene Birger Items after Rent (hereafter referred to as “Purchase after Rental” or the “Purchase after Rental Option”).
4.2. The Purchase after Rental Option may be available to you while you are renting a By Malene Birger Item and are thus only available to customers who have chosen the Rent Option as described above in clause 3 (The Rental Option). All By Malene Birger Items will not be available for Purchase after Rental, whereas we do not guarantee that you are able to exercise the Purchase after Rental Option. If a By Malene Birger Item is available for Purchase after Rental, this will appear on the Platform on your Account as a “Buy” option.
4.3. Most By Malene Birger Items available for Purchase after Rent have been previously rented by other customers and are not new. All By Malene Birger Items are sold on an “AS IS” basis, without any warranty whatsoever. Since you have the By Malene Birger Item(s) in possession by the time of the purchase, you know the conditions of the By Malene Birger Item(s) at the time of purchase.
4.4. For the avoidance of doubt, the purchase of the By Malene Birger Item(s) in accordance with this clause 4 (The Purchase after Rental Option) is not considered a distance sales, as you have the By Malene Birger Item(s) in your possession when the purchase is made. This mean that you are not able to return or withdraw from purchase of the By Malene Birger Item(s) after exercising the Purchase after Rental Option.
4.5. Price and payment
4.5.1. The price of the By Malene Birger Items (“Purchase Price”) will be shown on your Account. Your paid Rental Fee will not be returned if you choose to exercise your Purchase after Rental Option.
4.5.2. If you choose to exercise the Purchase after Rent option, you grant us permission to take payment via the relevant payment method. If we are not able to charge the Purchase Price, e.g. due to payment card expiry or insufficient funds, you will get a notification. You will be considered to Rent the By Malene Birger Item(s) until payment of the Purchase Price is received. If the Purchase Price is not received by the end of the rental period, and you do not return the By Malene Birger Item(s) on or before the Return Date, the Late Fees as prescribed in clause 3.7 (Late Fees and Final Purchase) will apply.
4.6. Transfer of ownership
4.6.1. When you have exercised the Purchase after Rental Option and paid the Purchase Price, the By Malene Birger Item(s) will no longer be the property of By Malene Birger and will be referred to as “Purchased Items”. This also means that the loss of or damage to the Purchased Item(s) will not be covered by our insurance and all risk of loss, damage, accidental destruction and the like is yours.
5. Use and Functionality of the Platform
5.1. Restrictions on Right of Use and Access to the Platform 5.1.1. 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.
5.1.2. You may not, neither 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; or
(iii) copy, rent, lease, distribute or otherwise transfer any of the rights, which you receive as a result of the Contract or under the Terms.
5.1.3. 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.
5.1.4. We strive to ensure that the Platform is available twenty-four (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.
5.2. Platform Functionality
5.2.1. 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 standardized 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.
5.3. Changes and Updates to the Platform
5.3.1. 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 your right of used ad prescribed in these Terms.
5.3.2. 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.
6.1. Nothing in these Terms excludes or restricts our liability in relation to issues where it would be illegal for us to limit or exclude our liability.
6.2. Product Liability
6.2.1. 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.
6.3. Indirect Losses and Consequential Damages
6.3.1. We are not liable for indirect losses or consequential damages arising from 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.
6.3.2. 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. Intellectual Property Rightsl Property Rights
7.1. 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 Platform, 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.
8. Notifications of Copyright
8.1. 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.
9. Force Majeure
9.1. 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.
10.1. Governing Law and Jurisdiction:
10.1.1. The Terms and all Contracts entered 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 or any Contracts are subject to the Danish courts.
10.2. Customer Support
10.2.1. Visit our Help Centre 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 email@example.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.
10.3.1. 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.
10.4. Electronic Communication
10.4.1. 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 Account on the Platform.
Last updated 19.07.2019