Rental collection
Terms of use of the rental service.
General information
These general terms and conditions of use (hereinafter the “Terms of Use”) apply to the use of the ‘Rental Service’ (hereinafter the “Services”) of certain products under the trademark “Essentiel” or “Essentiel Antwerp” (hereinafter the “Products”).
By accessing and using the Services, the customer acknowledges having read and agreed to the Terms of Use.
The Services are offered by KADINE BV, with registered office at Arenbergstraat 21, 2000 Antwerp, Belgium, and company number BE 0437.697.256 (hereinafter “Kadine”).
Customers who wish to rent the Products from Kadine, under the conditions described in these Terms of Use, are referred to as “Customer”. Kadine and the Customer are individually referred to as “Party” and collectively “Parties”.
The rental agreement resulting from the use of the Services can be concluded in Dutch, French or English at the request of the Customer.
In case of questions or problems regarding the Services, the Customer can contact one of the selected participating stores.
1 — Scope
These Terms of Use govern the rights and obligations of the Parties arising from the Services offered by Kadine. Kadine provides the Services from Belgium and the agreement between the Parties is deemed to have been performed in Belgium.
These Terms of Use apply to all Products that are rented out in the selected Belgian stores of Essentiel Antwerp and take precedence over all other terms and conditions of Kadine. These Terms of Use can only be changed with Kadine’s prior agreement and in writing.
2 — Legal capacity and acceptance
Any Customer wishing to rent the Products from Kadine must have the legal capacity to do so or must otherwise rent the Products through their legal representative. By signing the Order Form, the Customer acknowledges having received, read and accepted these Terms of Use.
3 — Rental service
The Services will only be available in Belgium in selected stores, for certain specific Products and within a certain period, which can be extended by Kadine at any time, as will be communicated by Kadine from time to time.
Throughout this period, the Customer can use the Services in one of the selected stores, and this for a specific term and price, as they will be announced by Kadine.
The Products subject to the Services are those products as they are offered by Kadine for rent. However, certain Products may not be available for the period during which the Customer wishes to rent them and Kadine cannot be held liable for this under any circumstances.
The Customer shall return the rented Products to the same selected store from which the Products were rented out.
4 — Reservation
The Customer will be able to use the Services in one of the selected Belgian stores, by making a reservation for one or more Products that will be rented for a specific period of time (the “Term”) and for a specific price (the “Rental Price).
When the Customer proceeds with the reservation, an agreement is then formed between the Parties and the Parties will sign an order form for this purpose (the “Agreement”).
At this time, Kadine will block a guarantee deposit on the Customer’s credit card, under the conditions further set out in these Terms of Use.
The right to terminate the Agreement is excluded from the moment the Customer reserves the Products.
5 — Guarantee and payment method
At the time of reservation in the selected store, Kadine will block a guarantee deposit on the Customer’s credit card, equal to the retail price (the “Selling Price”) of the rented Products. The Customer hereby undertakes to pay the Rental Price and any possible compensation that the Customer will owe in the event of non-compliance with its obligations, such as a late fee or a compensation for damage to the Products.
If the Customer returns the rented Products within the agreed Term and without any damage, only the Rental Price will be charged, and the remaining amount of the guarantee deposit will be released immediately by Kadine.
Kadine accepts the following payment methods:
— VISA
— Mastercard
The Customer declares that he is authorized to make payments with a credit card. He also declares that there is sufficient balance on the relevant credit card to cover the costs of the transaction.
Kadine reserves the right at all times to refuse to perform an order from a Customer with whom it has or has had a dispute or who has not paid in whole or in part for a previous order.
6 — Rental price and fee
The Rental Price is the one that is displayed on the order form, namely the price that applies at the time of the use of the Services. The Rental Price depends on the Term for which the Customer rents the Products.
If the Customer does not return the rented Products within the agreed Term, Kadine will charge the Customer a non-refundable fee of € 25 per day of delay and per rented Product until the rented Products have been returned or until such fees are equal to the Selling Price of the rented Products (the “Late Fee”).
The Customer hereby irrevocably authorizes Kadine (or any third-party payment processor) to charge such Late Fee.
7 — Care, damage and loss
The Customer shall use the Products as a normal careful person. Unless defects are detected when the Customer takes possession of the rented Products, these Products are irrefutably presumed to be rented in perfect conditions.
If the Customer wishes to clean the Products during the agreed Term, this may only be done in accordance with the washing instructions included in the ‘care labels’ of the rented Products. If damage is caused to the rented Products by other forms or means of washing than those included in the aforementioned ‘care labels’, the Customer will be obliged to pay compensation for this in accordance with what is stipulated below.
The Customer will be held liable for the loss and/or total destruction of the rented Products, including if this is the result of theft. In this case, Kadine will retain the guarantee deposit amounting to the Selling Price of the rented Products to compensate the damage.
The Customer will be liable for all damage beyond normal use of the rented Products, including but not limited to damage due to wilful misconduct or negligence on the part of the Customer, damage due to wear and tear, transportation or improper use. Kadine will after examining the damage to the rented Products, determine the amount of the compensation for this damage, up to a maximum amount corresponding to the guarantee deposit.
In case of damage to the rented Products due to normal use, which require a certain limited repair, Kadine reserves the right to charge a fixed amount of € 20. Normal use includes the following: loose threads or small hooks in the clothing, small stains and loose or fallen buttons.
Customers can contact the selected store if they have any questions about the foregoing.
8 — Hygiene
Kadine puts the well-being and safety of the Customers first. Accordingly, after the Term, when the Products have been returned, the Products will be thoroughly cleaned and disinfected, removing any viruses, bacteria and other harmful substances from the inside and outside of each garment.
9 — Ownership of products
Kadine remains the exclusive owner of the rented Products at all times, and thus also while the rented Products are in the possession of the Customer.
10 — Rental for private purposes
The Services are only intended for private use and are exclusively reserved for private individuals. Under no circumstances may the Products be rented by professional Customers. The Products are only offered for rent in normal quantities that would be ordered by the average customer. Kadine reserves the right not to conclude a rental agreement if there is a prima facie indication that it concerns a professional Customer.
11 — Intellectual property rights
For the purposes of this provision, “Intellectual Property Rights” means the trademark “Essentiel” or “Essentiel Antwerp” and all rights therein and copyrights, trademarks, design, knowledge and registered domain names. The Customer is aware of these Intellectual Property Rights and undertakes to comply with them at all times.
Kadine is and remains the exclusive owner of these Intellectual Property Rights at all times.
The Customer may therefore not copy, publish, imitate, exploit or use the Intellectual Property Rights of Kadine in any way and in any form without a prior written permission from Kadine. This permission must be obtained in writing unless Kadine has granted a right to share certain aspects of the Intellectual Property Rights via social networks. In such a case, the granting of the rights is limited to the specific elements of the Intellectual Property Rights as identified by Kadine and to modes of use and social networks for which Kadine has made sharing of those rights possible; in any case the granting of such rights is non-exclusive.
12 — Liability
Kadine cannot be held liable in case it cannot rent out certain Products because these Products are not in stock or for reasons beyond its control, including force majeure or circumstances by which a previous Customer has not returned the Products on time.
Nothing in these Terms of Use excludes or limits Kadine’s liability in respect of any matter where it would be unlawful for Kadine to limit or exclude its liability.
13 — Applicable law and jurisdiction
Any disputes between the Parties arising out of or in connection with these Terms of Use will be exclusively submitted to the courts of Antwerp, Belgium.
These Terms of Use and all claims and disputes arising from them are exclusively governed by and construed in accordance with Belgian law, without giving effect to any other choice of law or conflict of laws rules or provisions (Belgian, foreign or international) that would cause the laws of any jurisdiction other than Belgium to be applicable.
14 — Contact and complaints
For questions or complaints regarding their rented Products, Customers can always contact the relevant store in which they rented the Products.
15 — Other
Kadine may change these Terms of Use at any time, among other things to comply with its legal obligations. The modified Terms of Use will not apply to rental agreements that were ongoing at the time of the modification of the Terms of Use.If any of the provisions of these Terms of Use are declared invalid or unenforceable in whole or in part, this will not affect the validity and enforceability of the remaining provisions.
