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Rental Agreement

RENTAL AGREEMENT

 

This agreement is for the benefit of both Renter and My Next Dress. Please read carefully to learn about your rights and restrictions

 

Definitions

 

Unless the context indicates otherwise, in this Agreement the below shall have the following definitions:

 

  • “Item” refers to the designer dress and/or any other apparel or accessory offered for rental by My Next Dress and which is/are being rented by the Renter.
  • “Damages” (related to an Item) refers to the actual expenditure and cost in repairing any damage, including but not limited to, replacing any parts and/or elements, or any other charges incurred related to an incident of whatsoever nature;
  •  “My Next Dress or MND” refers to My Next Dress FZ LLC, a limited liability company established under the rules and regulations of Dubai Design District, Dubai, UAE.
  • “Rental Period” refers to the period starting from the date of requested delivery until the end date and time unless such period is extended, then it refers to the time and date entered on My Next Dress’s records of the rental;
  • “Renter” means all of the persons, jointly and severally, who are paying for the rental of a Dress from MND as per the terms and conditions of MND;
  • “Total Loss” refers to the Item being stolen, lost or unreturned. It also refers to damages that, at the sole discretion of MND would have a value of the repair that exceeds the value of the Item or renders the Item economically non-viable. The economic value of the Total Loss is 100% of the retail value as fixed by MND at the date of loss;
  • “Wearer” means such person who is duly authorized by MND to wear the Item. Should the Wearer be different than the Renter, the latter has an obligation to notify and to identify the identity of the Wearer to MND at the time of renting the Item and prior to Delivery.

 

Rental Agreement:

 

MND hereby leases for a specified period to a Renter, and Renter hereby rents from MND, the Item(s) described on the Order Email Form according to the terms & conditions set forth herein for the time period indicated (Start Date/End Date). All Items shall remain the property of MND and must be returned at the End Date of the reservation period.

MND liability under this Rental Agreement shall in all cases including without limitation failure to deliver the Item(s), be limited to the return of all sums paid by the Renter to MND on account of the rental provided herein.

 

RENTAL BASICS

 

  • LIMIT OF RENTAL DAYS. Unless otherwise stated in writing by MND, all Item rentals will be up to 10 days in length, beginning on the day that the Item is received by the Renter, including weekends. Refunds are not given for Items returned early. Additional rental days are available upon request for an additional fee as specified on the item webpage.

 

  • RETURN DATE. Return date will be specified on the Delivery Form included with the Item shipment.

 

  • AGE RESTRICTION. By creating your account  on the website (www.mynextdress.com), you state that you are at least 18 years of age. Parents can register and rent for their children.

 

  • ALTERATIONS. The Renter will not alter Items rented as per this Agreement and must return them undamaged. Any size or length alterations should be done by MND prior to delivery. Any minor damages to the Item will be assessed by MND and any charges associated with repairing the damage will be deducted from any deposit or charged to the Renter’s credit card. In case of a Total Loss, the Renter undertakes to pay MND 100% of the retail value as fixed by MND at the date of loss.

 

  • MAINTENANCE. Professional cleaning is included in the rental price and no additional cleaning charge will be assessed unless the dress is returned damaged. The Renter should not dry clean the Item for any reason.

 

PAYMENT:

 

  • PAYMENT METHOD. Unless otherwise agreed by MND, all charges payable by the Renter shall be payable by credit card.

 

  • PAYMENT DUE. All payments are due on demand. Payment for rental of an Item shall be payable at the time of placing a rental order.

 

  • CURRENCY & SERVICE PROVIDER. All payments are charged in the currency of UAE Dirham (AED).  Accepted card payment providers are Visa and Mastercard.

 

  • TRANSACTION RECEIPT. Renter will receive an invoice by email immediately after the transaction has been made. 

 

  • DELIVERY CHARGES. Should the Renter opt for the delivery option the delivery charge within Dubai is free of charge and AED 50 for other Emirates.

 

  • OTHER PAYMENT METHODS. MND may at its absolute discretion elect to accept cash payment for a rental, in which case a cash handling fee may be charged by MND. MND may also, at its absolute discretion, elect to accept payment by other means, such as PayPal for example.

 

  • PAYMENT AGREEMENT. If Renter pays by credit card or debit card, the Renter’s acceptance of this agreement will constitute irrevocable authority for MND to obtain authorization and/or payment. This will also constitute irrevocable authority for the issuer of the card to debit the Renter’s card with the total amount due to MND including but not limited to any late penalties, Damages and/or Total Loss suffered by MND. Such authority shall extend to cases where the price for renting an Item is zero.

 

  • EARLY RETURNS. In the event that the Renter returns the Item to MND prior to the termination of the Rental Period, the Renter will pay, at the discretion of MND either the usual rates or charges applicable to that part of the Rental Period actually used, or the rates and charges for the full Rental Period.

 

  • DAMAGES AND/OR LOSS. In the event of an incident and/or if the Item is stolen and/or lost, the amount of the Damages and/or the Total Loss as suffered by MND is payable by the Renter immediately on demand by MND.

 

  • LATE PAYMENT INTEREST. If any amount is not paid on the due date, MND may without prejudice to any rights it may have, charge interest on the overdue amount at a rate of 7% or the maximum amount allowed under the law, whichever is greater, and at the sole discretion of MND.

 

  • OTHER RENTAL FEES. A certificate of any Director, Manager or Accountant of MND as to any amount owed by the Renter to MND shall constitute prima facie proof of that amount.

 

  • The Renter agrees to pay for all charges associates with Renting an Item in full prior to use. Items used without payment will result in forfeiture of deposit on top of full rental fee charge.

 

  • Renter will pay for all delivery or shipping fees outside Dubai.

 

  • Renter will pay AED 1000 refundable CASH security deposit for accessory rentals. Any late return fees or damage fees will be automatically subtracted from the security deposit. Refundable amounts will be returned in CASH once MND receives the items in good condition.
  • Renters keeping an Item from a try-on reservation will pay the entire reservation rental amount at the end of the try-on period or be subject to AED 100 per day late payment fee.

 

 

Collections: If the Renter does not pay the amounts owed to MDN when due, then MND may institute collection procedures. In such a rare case, the Renter agrees to pay costs of collection, including without limitation, reasonable attorneys’ fees court fees.  

Refunds and Cancellation:

 

  • Any cancellation of an Item rental reservation prior to 5 days before the rental period start date will incur forfeiture of 25% of the rental fee for that Item.

 

  • Cancellation within 5 days of the rental period start date will incur the full rental fee per Item.

 

  • Payments will be refunded in case of a mistake that is proven to be internal or by a third party such as when an item did not ship, or the wrong item was shipped, or the item was proven damaged upon shipping.

 

  • Any refunds will be made onto the original mode of payment and will be processed within 10 to 45 days depends on the issuing bank of the credit card.

 

Shipping:

 

  • MND guarantees to deliver all items to the Renter to arrive on or before the Start Date specified on the Order Form.

 

  • Items received early by the Renter will incur no additional fee.

 

  • Renter will return/ship the Item(s) back to MND no later than the specified return date. Renter is responsible for the safe return of the Items and should call MND to schedule a pick up on the Rental period end date, or deliver the Items in person, or hire an MND-approved courier company to return the Items.

 

 

Late Fees:

 

The Renter agrees to pay a late payment fee of AED150 per day for items that are not returned on the Rental End Date, until the Items are received, which will be due immediately and deducted from the security deposit.

 

Loss/Theft:

 

Items not returned on the 11th day and without written warning will be considered as Total Loss and the Renter will be charged 100% of the retail value of the rented Item as fixed by MND at the date of loss.

 

Insurance

 

  • 5% insurance fee is included in the rental price.
  • The Renter agrees to treat the Products with great care, as if it was borrowed from a close friend. Renter is responsible for loss, destruction or damage to the Item due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompass minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your rental of the applicable Item. If Renter returns an Item that is damaged beyond normal wear and tear, then Renter agrees to pay for the price for repairing or replacing the Item, as per MND’s discretion up to the Retail Value for the Item.

 

By creating an account or paying for a reservation on an Item, Renter irrevocably affirms agreement to all terms stated herein and to My Next Dress existing Terms & Conditions and as may be unilaterally amended by My Next Dress from time to time.

 

 

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