1 – SCOPE – DEFINITIONS – BINDING – FORM OF ADDITIONS AND AMENDMENTS
1.1. These General Rental Conditions (hereinafter “GRC”) apply to all rental agreements concluded between THECUBE ARCHIVE S.R.L. (as the Lessor) and the Customer (as the Renter) and relating to THECUBE DIGICUBE garments and clothing.
1.2. For the purposes of the interpretation and application of these GRC, the following terms have only the meaning specified below:
– “Lessor” o “THECUBE”: THECUBE ARCHIVE S.R.L. based in San Giovanni Valdarno (AR), ZIP code 52027, via Martiri della Libertà n°95/f (AR), (P.IVA/VAT 02384750515), PEC firstname.lastname@example.org;
– “Customer” and/or “Renter”: natural or legal person specified in the Rental Request, who has requested to rent Garments from THECUBE;
– “Garments”: articles of clothing offered by THECUBE to the Renter from time to time and specified in the Rental Request; these Garments are all used and of a “vintage” nature and are offered for rent as such and not as new;
– “DIGICUBE”: telematic database in which the Garments are collected, registered, cataloged, described and photographically portrayed, with indication of the rental fee for each of them;
– IP of the Garment ”: identification code of each Garment belonging to the DIGICUBE;
– “Archive”: THECUBE operational headquarters in San Giovanni Valdarno (AR), ZIP code 52027, via Martiri della Libertà n ° 95 / f. in which the Garments are physically allocated;
– “Rental request”: electronic document (consisting of a specific form available on the website www.thecubearchive.com) through which the Customer requests THECUBE to hire the Garments specified therein for the period also specified therein, of which these GRC and the rental rates in force at the time of the request form an integral and essential part;
– “Rental Confirmation”: electronic document through which THECUBE confirms to the Customer the acceptance of the Rental Request, specifying the IP of the Garments, the Rental Period, the Rental Fee and the Rental Costs;
– “Rental Form”: document signed at the same time by the Customer and by THECUBE in the event of the Customer’s visit to the Archive, in which the Garments object of Rental, the Rental Period and the related costs are indicated, of which these GRC and the rental rates in force at the time of the request form an integral and essential part;
– “Rental Agreement”: negotiation relationship between the THECUBE and the Customer that incorporates these GRC and the Rental Request duly accepted by THECUBE (or the “Rental Form” form signed at the same time by the Customer and by THECUBE);
– “Rental Fee and Rental Costs”: all sums owed by the Customer to rent and use the Garments pursuant to these GRC, as well as to receive their delivery by courier, postal service or other equivalent service (specifically called “Rental Costs”);
– “Rental period”: period during which the Renter has the right to dispose of the Garments covered by the Rental Agreement;
– “Invoice”: fiscal document that THECUBE sends to the Renter specifying in particular the rented Garments, the agreed Rental Period, the Rental Fee and Costs and any other charge that THECUBE has the right to charge under these Conditions (including the Appointment Rate ) and Rental period;
– “Consumer”: natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity possibly carried out;
– “Parties”: THECUBE and the Renter (each of them a “Party”).
1.3. These GRCs bind the Renter from the time of signing this document or from the time of signing the express and specific reference to it in the Rental Request or in the Rental Form. This subscription will be valid and binding both if carried out in physical form (by signing this paper document or other document that refers to them) and if carried out electronically (by checking the appropriate reference box in the online form of the Rental Request. ). The obligations arising on the Parties in relation to the rental of the Garments can only be inferred from these GRC (if not agreed upon by the Parties in writing) and from the Rental Form (or from the Rental Request accepted through the corresponding Rental Confirmation).
1.4. Any supplementary and / or amending agreements of the binding GRC pursuant to the previous article 1.3 will be effective only if expressly agreed between the Parties in writing.
2 – CONCLUSION OF THE AGREEMENT – OBJECT AND CHARACTERISTICS
2.1 The Rental Agreement is to all intents and purposes concluded at the time of the joint signing of the Rental Form and / or when, after the transmission of the telematic Rental Request to THECUBE, the Customer will receive the Rental Confirmation from THECUBE in electronic written form
2.2 The process for the completion of the Rental Agreement consists of the following steps:
A) In the event of an online request from the website www.thecubearchive.com:
1. Sending the telematic Rental Request from the Renter to THECUBE;
2. Communication via email from THECUBE for agreement on delivery methods and any costs;
3. Communication via email from the Renter to THECUBE of acceptance of the delivery costs, including the data required for billing;
4. Sending the telematic Rental Confirmation from THECUBE to the Renter complete with all the data referred to in points 1,2 and 3.
B) In case of physical request to the Archive:
1. Joint signing of the Rental Form.
At the same time as the collection / delivery of the Garments to the Renter, the relative Invoice will be issued, in which the Garments covered by the Rental Agreement must be indicated..
2.3 Object of the Rental will be the Garment (or Garments) specifically indicated in the Rental Agreement.
2.4 The rental includes only the Garment(s) exactly specified (with the relative IP) in the Rental Agreement, with the exclusion of any other object or component even if accessory.
3 – APPOINTMENT AND VISIT TO THE ARCHIVE
3.1 Il Cliente 3.1 The Customer wishing to proceed with a direct view of the Heads in the THECUBE Archive must arrange a visit through the contact channels specified on the website www.thecubearchive.com.
3.2 It is expressly forbidden for the Customer to record and / or acquire any image of the Garments during the visit without the prior written consent of THECUBE
4 – GARMENTS RENTAL AND RENTAL PERIOD
4.1 The Customer makes the Rental Request by completing the appropriate online form available on the website www.thecubearchive.com, which indicates both the chosen Garments, the Rental Period, and the cost based on the rates ordinarily applied by THECUBE.
Once the rental request has been received, THECUBE will contact the Customer via email to agree on the ancillary conditions of the rental service (shipping and delivery costs and consequently, overall cost of the service, billing data, etc.).
Once the Customer has communicated via email his adherence to the aforementioned ancillary conditions, THECUBE will send the Rental Confirmation complete with all the service data.
4.2 THECUBE, on the basis of its own unquestionable assessments, may or may not accept the Rental Request. Failure to send the Rental Confirmation will not imply any tacit acceptance of the relative Request made by the Customer.
4.3 In the event of a visit by the Customer to the Archive, the parties may also conclude the Contract by simultaneously filling in and signing the Rental Form by both;
4.4 The minimum rental period is 28 (twenty-eight) days and any longer duration will in any case be calculated for minimum weekly periods of 7 (seven) days.
4.5 The Rental Period will start from the date, indicated in the Rental Agreement, on which the Customer will collect / take delivery of the Garments and will end on the delivery date indicated in the same Agreement or, if later, on the date on which the Garments will be physically returned. at THECUBE.
4.6 In case of return of the items after the date indicated in the Rental Agreement, the Renter Customer will be required to pay the additional fee pursuant to the following art. 8 of these GCR.
5 – DELIVERY AND ACCEPTANCE OF GARMENTS
5.1 Unless otherwise agreed in writing with THECUBE, in the event that the Customer selects the Garments during a visit to the Archive, the collection of the Garments covered by the Rental Agreement will be at the expense and responsibility of the same Customer, in the event that such collection is carried out personally by the Customer as much as in the event that a third party is appointed for this activity (eg courier, postal service, delegate, etc.).
5.2 In order to make it possible to collect the Garments, the THECUBE Archive is open by appointment from Monday to Friday (excluding holidays according to the Italian calendar) from 9:00 to 17:00 (Italian time). Any request for collection at a time other than the opening of the Archive must be agreed from time to time with THECUBE in writing.
5.3 In the event that the Renter selects the Garments through the online channel www.thecubearchive.com, THECUBE will arrange at its own care and responsibility for the shipment of the Garments to the Renter placing the related costs at the latter’s expense, unless otherwise agreed between the parties.
5.4 In the case referred to in point 5.3, the Garments, unless otherwise agreed in writing by the Parties, will be sent within the working day following that of conclusion of the Rental Agreement. The shipping costs will be charged to the Customer and will be charged to the first invoice following the Rental Agreement. The Customer declares to be aware that these costs will depend on the place of destination of the Garments. The Customer will be able to decide himself the shipping methods of the Garments, assuming in this case any and all responsibility for any and all risks connected to such shipment. In any case, THECUBE cannot be held responsible for any failure by the carrier and / or courier and / or forwarder to comply with the estimated date for delivery of the Garments.
5.5 The Customer is granted a period of 24 (twenty-four) hours from the time of collection or delivery of the Garments to notify THECUBE that one or more Garments are affected by defects and / or faults. In this case, the Rental Period for the Garment in question will not be considered started and the Customer will be obliged to return such Garment, at its own expense, to THECUBE at the Archive or at any other place indicated in writing by THECUBE. Failure to notify THECUBE within the aforementioned term will be considered as full acceptance of the Garment by the Customer for the purposes of the rental.
5.6 The Customer expressely acknowledges and agrees that the Garments offered for Rental by THECUBE are all used and of a “vintage” nature (circumstances that constitute their main enhancing characteristic) and that they may therefore show signs of wear and / or discrepancies with respect to similar garments of new manifacturing and / or in any case compared to garments made in a workmanlike manner, and declares to accept them as such as seen and approved in the DIGICUBE, therefore renouncing any and all complaints, exceptions and questions in relation to the consequences of this nature of used and ” vintage ” garments .
5.7 All costs for returning the Garments to THECUBE (by way of example and not limited to: packaging, shipping, etc.) will be the sole responsibility of the Customer.
6 – USE OF THE GARMENTS
6.1 The use of the Garments by the Customer is strictly personal and allowed only for lawful purposes; otherwise, the Customer will respond personally as required by law and with THECUBE’s exemption from any liability in this regard.
6.2 In the event that THECUBE deems that the Customer is using a Garment in violation of this art. 6 of the CGN, it will have the legitimate right:
– to terminate the Rental Agreement with immediate effect from the moment of receipt by the Customer of a specific written notice of termination;
– to request the immediate return of the Garments in question and any other Garment held for any reason whatsoever by the ustomer and / or entrusted to it or under his control;
– to refuse the rental of further Garments to the same Customer;
– to increase the Rental Fee up to 30% of the amount established in the Rental Agreement, based on the estimate of the financial loss that he could suffere as a result of the breach, by the Renter, of this art. 6.
The aforementioned faculties will be exercisable by THECUBE also cumulatively.
6.3 In any case, it is expressly understood that the Customer must indemnify, compensate and hold THECUBE harmless from any and all liability, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all the interests, penalties and other costs and expenses, including for any legal assistance) suffered or that will be suffered by THECUBE deriving from or in connection with claims, proceedings, accusations or requests consequent to the violation of this art. 6.
7 – OWNERSHIP OF THE GARMENTS
7.1 It is expressly understood between the Parties that the Garments covered by the Rental Agreement are and will remain the property of THECUBE and that the rights of use granted to the Customer with the Rental Agreement are personal and not transferable to third parties. The Customer will keep each Item in its own material possession and control for the entire Rental Period and for any possible extension of the same. Without the written consent of THECUBE, the Customer will not be able to sell, transfer, grant in any capacity, pledge, sub-lease and / or give any Garment to third parties, nor do or allow to perform any act that may prejudice or jeopardize the rights of THECUBE on the Garments.
7.2 The Customer will keep each Garment as the custodian and depositary of THECUBE and will keep each Garment separate from other garments owned and / or available to him or to third parties, adequately preserved and protected.
7.3 The Customer, in the case of his own violation of even one of the provisions referred to in Articles 6, 7, 8 and 9, irrevocably authorizes THECUBE to access (also through its agents and / or other subjects expressly delegated in writing) to the places and / or premises at its disposal in order to proceed with the collection of the rented Garments..
7.4 The Customer declares and accepts not to have any exclusivity on the rental of the Garments covered by the Rental Agreement stipulated by it, and therefore agrees that THECUBE, even pending the Rental Period, proceeds to enter into other rental agreements for the periods subsequent to it.
8 – FEE AND PAYMENTS
8.1 The rental fee for each item is determined on the basis of the rates specified in THECUBE’s DIGICUBE, which include the basic cost (not including VAT) for the minimum rental period of four weeks and the additional cost for each additional week.
8.2 The Rental Fee actually applied to each rental is calculated on the basis of the rates and duration of the rental weeks indicated in the Rental Agreement. The Rental Fee thus determined is intended as definitive, excluding VAT, not subject to further discounts and / or reductions and does not include any delivery costs charged to the Customer, which will be indicated in the relevant Invoice.
8.3 A rental fee lower than that of the rate for four weeks is not allowed, regardless of whether the customer wishes to rent a garment for a shorter period of time..
8.4 Unless otherwise agreed between the Parties in writing, the Rental Fee calculated pursuant to art. 8.2 of these GRC will be applied and charged in full even if the Customer should for any reason return the Garments before the expiry of the Rental Period..
8.5 The Invoice relating to the Rental Period established in the Rental Agreement, inclusive of VAT if due, will be issued by THECUBE on the date of conclusion of the Rental Agreement and, unless otherwise agreed between the Parties in writing, must be paid on sight with the methods specifically indicated in the invoice itself.
8.6 In case of late payments at the agreed deadlines, default interest pursuant to Legislative Decree no. 231/2002 will automatically run at the expense of the Renter – Customer.
9 – OBLIGATIONS OF THE CUSTOMER
9.1 During the Rental Period and up to the date of actual return of the Items to THECUBE, the Renter – Customer must:
a) guard each item with the utmost diligence, taking care of it and keeping it in the same aesthetic and functional conditions as received at the time of collection / delivery;
b) not alter and / or deface and / or in any way modify any Garment
c) not attempt to repair any Garment if it is damaged and / or dirty for any reason whatsoever;
d) not subject any garment to any full and / or partial washing except in strict compliance with any specific indications provided in writing, in this regard, by THECUBE;
e) keep each Garment in such a way as to clearly indicate the ownership of THECUBE at any time and not remove, obscure or eliminate any sign affixed by THECUBE on the Garment for its identification;
f) not transfer any Garment outside the country in which it was delivered under the Rental Agreement, unless otherwise consented by THECUBE in writing (such consent cannot be denied unreasonably, provided that the Customer provides at its own care and expense to the insurance coverage of the Garment for the entire value in accordance with the Penality Policy;
g) compensate THECUBE for all losses and damages in any way incurred by the Garments during the Rental Period, based on the Penality Policy referred to in art. 10 of these GRC,
h) guarantee to THECUBE that each garment is fully insured against all risks of loss and damage, for the entire value of the same according to the Penality Policy, from the moment of collection / delivery of the garment until the return of the same to THECUBE, providing where appropriate a copy of the certificate of such insurance;
i) upon returning the garments, THECUBE will check the garments as soon as possible. The Renter has the right to have a representative present at the check-in procedure at the time and date established by THECUBE, but in the event that no representative of the Renter is present, THECUBE’s decision on the accuracy of the check-in is definitive. Any discrepancy will be communicated in writing to the Renter as soon as possible.
9.2 The Customer must immediately notify THECUBE in writing of the occurrence of any loss, failure or damage to the Garment and arrange for immediate return in accordance with the specific instructions provided by THECUBE. In case of breakdown or damage, THECUBE will organize the repair of the garment or, if at its discretion it deems the garment unrepairable (and / or in case of loss and / or loss of the garment), its replacement..
9.3 If the Garment needs repair or replacement for any of the circumstances referred to in art. 9.1 of these GRC, the cost of the same (both for loss and damage) will be borne by the Customer, who will have to provide for the relative refund immediately after the written communication of these costs, as well as the Rental Fee until the return of the Garment to THECUBE under restored conditions.
9.4 The Customer declares and guarantees to be and remain, for the Rental Period, free and authorized to enter into the Rental Agreement and that the natural person who signs it has all the necessary powers to legally bind the Customer to this contract.
10 – PENALITY POLICY
10.1 In the event of loss and / or damage and / or destruction of one or more Garments covered by the Rental Agreement, the Customer shall pay to THECUBE a penalty equal to the rental fee of 6 (six) months of rental of the Garment/s object of loss, damage or deterioration. The penalty must be paid following the issue of a specific invoice by TCA and must be paid within 14 (fourteen) days from the date of issue..
11 – THECUBE’S REPRESENTATIONS, WARRANTIES AND COMMITMENTS
11.1 Without prejudice to the exception referred to in the following art. 12.2 and the limitations of liability pursuant to art. 13, THECUBE declares and guarantees to the Customer:
a) that its title of ownership and / or possession of the Garments is free and not bound by any lien and / or encumbrance and that it has the right, the power and the authority to enter into the Rental Agreement;
b) that all the services referred to in the Rental Agreement will be provided with reasonable care and diligence by suitably experienced, qualified and trained personnel in accordance with the best practices of the sector.
11.2 THECUBE does not provide any guarantee regarding the suitability of the Garments for the purpose for which the Customer has entered into the Rental Agreement or regarding the fact that a Garment is of satisfactory quality and free from design, material and workmanship defects, but only in relation to the compliance of the Garments with the characteristics described for each of them in the DIGICUBE of THECUBE available to the Customer at the time of signing the contract.
12 – LIMITATION OF LIABILITY
12.1 It is expressly understood between the Parties that THECUBE will not be liable to the Customer for any and all loss, damage or cost in relation to:
a) any profits and / or revenues and / or savings expected from the use of the Garments under the Rental Agreement;
b) any decreases in goodwill and / or business opportunities;
c) any loss of customers and / or business and / or potential customers or business;
d) any indirect or consequential loss or damage, whether foreseen or not at the time of entering into the Rental Agreement.
12.2 Without prejudice to the provisions of the previous art. 12.1, the maximum overall liability that THECUBE may incur in for any reason whatsoever under and / or depending on the Rental Agreement, may in no case exceed 105% (one hundred and five percent) of all sums actually paid by the Customer to THECUBE under the Rental Agreement in the period of six months prior to the date on which the event that gave rise to the liability occurred for the first time.
13 – DISCIPLINE OF THE RIGHT OF WITHDRAWAL
13.1 The right of withdrawal pursuant to art. 52 and following of Legislative Decree No. 205/2006 (so-called Consumer Code) for distance contracts and contracts negotiated away from business premises is excluded in this case as the Rental Agreement between THECUBE and the Customer falls within the case referred to in Article 59 paragraph 1 letter a), having as its object the supply of services whose execution by the professional takes place before the expiry of the legal term for withdrawal, with the agreement of the Consumer and with the acceptance by the same of the loss of the right of withdrawal precisely as a result of the occurred execution of the contract by the professional.
13.2 Without prejudice to the provisions of the previous article 13.1 of these GTC, only and exclusively until the execution of the service by THECUBE is the right of the Customer who holds the quality of Consumer, pursuant to Legislative Decree No. 206/05 and subsequent amendments, withdraw from the Rental contract, without indicating the reasons, within 14 days of the request and provided that THECUBE has not yet performed its service. To exercise the right of withdrawal, the Customer is required to inform THECUBE (at the address of San Giovanni Valdarno – AR- via Martiri della Libertà n ° 95 / f – email email@example.com – PEC firstname.lastname@example.org) of his decision to withdraw from the Rental Agreement through an explicit declaration (for example by registered letter with return receipt or PEC). To meet the withdrawal deadline, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.
13.3 In the event that the right of withdrawal exists and the same is exercised within the terms set out in Legislative Decree 206/05 and subsequent amendments, the Customer will be entitled to a refund of the sums paid, including any delivery costs, without undue delay and in any case no later than 14 (fourteen) days from the day on which THECUBE will be informed of the contractor’s decision to withdraw from the Rental Agreement. These refunds will be made using the same payment method used by the Customer for the payment made, unless the Customer has expressly indicated otherwise. The costs for returning the Garments will be borne by the Renter Customer and will not be reimbursed.
14.1 Without prejudice to the remedies provided by any different legal provisions, each Party will have the right to terminate the Rental Agreement, with immediate effect upon receipt of the notice of termination, in the following cases:
a) if the other Party is in default of one or more of the obligations placed on it by the Rental Agreement that has not been fully amended within and no later than 15 (fifteen) days from the receipt by the other of a written warning that identifies the violation and requests its removal (within this period the notified Party must provide proof of the removal of the alleged breach);
b) if the other Party ceases and / or threatens to cease its activity and / or is subjected to any liquidation and / or insolvency procedure that can be qualified as such pursuant to the law of the country in which it has its registered office or to Italian law (including, by way of example and not limited to, any type of agreement or arrangement with its creditors)
14.2 Without prejudice to other legally available remedies, THECUBE will have the right to terminate the Rental Agreement, in the manner set out in art. 14.1, in case of violation by the Customer of even one of the provisions referred to in Articles. 6, 7, 8 and 9 of these GRC and / or in the event of late payment of the Rental Fee and / or additional expenses exceeding 7 (seven) days from the expiry of the related Invoice.
14.3 In the event of termination of the Rental Agreement, the Customer must immediately return, at his own epense, all the Garments that are the subject of the agreement to THECUBE. Any fees, expenses and / or costs due but not yet paid must be paid immediately as a payable on demand.
14.4 The termination of the Rental Agreement for any and every reason does not affect the other rights or provisions that a Party may be entitled to pursuant to these GRC and / or the law..
15– FORCE MAJEURE
15.1 The Parties will not be considered in breach of their respective obligations under the Rental Agreement if the respective performance has been made impossible by Force Majeure. Force Majeure means an unforeseeable and irresistible event not attributable to the fault or negligence of the Party invoking it (such as, for example, but not limited to fire, embargo, natural disasters, etc.).
16 – PROCESSING OF PERSONAL DATA
16.1 THECUBE processes the personal data of customers in accordance with the provisions of the law, in the manner and for the purposes permitted by law..
16.2 The Parties grant each other the widest mutual consent and authorization regarding the processing of their personal data for the purposes related to the execution of the rental agreement (by way of example and not limited to, for the collection, storage, use and processing of data to promotional, commercial, accounting and tax purposes connected with the fulfillment of the contract).
17.1 Communications and notices: any deed and / or document and / or notice functional to the completion, fulfillment and termination of the Rental Agreement must be drawn up in writing and sent to the physical and / or electronic address of the other Party indicated in the Rental Form (or in the Rental Request and related Confirmation) or to the different address that the Parties may have exchanged in the meantime. This deed and / or document and / or notice is considered to be notified and / or delivered at the time of material delivery or, if sent electronically, at the expiry of 12 hours from shipment..
17.2 Transfer and sub-license: The Customer cannot assign, transfer, sub-rent, charge or otherwise deal with or otherwise encumber his rights and / or obligations under the Rental Agreement. THECUBE can assign, transfer, charge or otherwise treat or otherwise encumber its rights and / or obligations under the Rental Agreement to any other third party.
17.3 Nullity and / or partial invalidity: if any provision of the rental agreement is deemed and declared in whole or in part null and / or invalid and / or in any case unenforceable pursuant to a law, the full validity and applicability of the other contractual provisions will not be affected..
17.4 Waiver: no failure to exercise by either Party and no delay in exercising any right and / or remedy in relation to any provision of the Rental Agreement may be considered a waiver of this right and / or remedy.
17.5 Independence: THECUBE and the Customer are independent entities from each other and nothing in the Rental Agreement will create any relationship of association, partnership or joint venture between them..
17.6 Amendaments: the Rental Agreement cannot be modified except in writing and following the signing of both parties.
18 – GOVERNING LAW AND JURISDICTION
18.1 The rental of the Garments and these GRC are entirely subject to Italian law, which governs their conclusion, execution and termination, and on the basis of which the contract will be interpreted, also for the purpose of resolving disputes arising from it.
18.2 In the event that any disputes relating to the specific Rental Agreement and / or these GRC cannot be resolved amicably, the parties expressly establish an exclusive competent court, pursuant to articles 28 and 29 of the Italian Civil Code, the Arezzo court, in any case without prejudice to the possible jurisdiction of the Consumer court where the Renter – Customer holds this quality.