Prêt-à-Dress Terms of Service
Effective Date: June 01, 2018.
The following Terms of Services (“Terms”) between you (“you” or “your”) and Pret-a-Dress Company Limited (“we,” “our,” “us,” or “Pret-a-Dress”) describes the terms and conditions on which you may access and use the Pret-a-Dress website located at PRET-A-DRESS.COM (the “Website”) and related services including Pret-a-Dress’s product rental and sale services (together with the Website, and the Pret-a-Dress Content, as defined below, the “Services”). These Terms also apply to in-store fitting, rentals and sales, which are part of the Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
- About the Services
- Rental and Sale of Products
- Use of the Services
- Intellectual Property
- Indemnity and Disputes
- International Use
- Termination and Amendment of Website and Fraud
- Entire Agreement
1. ABOUT THE SERVICES
Through the Services, we aim to give you access to beautiful designer clothing and accessories, stylist advice and other content to help you decide which items are perfect for you.
B. Mobile Charges
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
C. Modification of the Services or the Terms
Pret-a-Dress may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However Pret-a-Dress will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Website and/or sending an email to the email address you provided to Pret-a-Dress upon registration.
2. RENTAL AND SALE OF PRODUCTS
A. General Conditions
The Services include the rental and sale of Products. This Section 2(A) sets out terms and conditions that apply to your rental or purchase of any Product.
18 YEARS OR OLDER. Products may be rented or purchased for use by individuals under 18 years of age, but we rent and sell only to adults, who may rent or purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Products as described in these Terms.
LIMITS. You acknowledge and agree that we may place limits on the rental or purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
DELIVERY. We will deliver the Products you ordered, including the specified size, color and design, on or before the date for which you ordered them (“Start Date”), except to the extent we informed you in connection with your order that the specific Product was not guaranteed. Products may appear different in color and style than the photos displayed on our Website. As we use courier service as our delivery method, you agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that a Secure Delivery Address (defined herein) is highly recommended. A Secure Delivery Address is defined as a location where an individual can physically receive Product(s). In the event that an unsecure delivery address is provided, Pret-a-Dress does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delays and additional delivery charge for which Pret-a-Dress is not to be held liable, but you will be held liable.
COLLECTIONS. If you do not pay the amounts you owe to Pret-a-Dress when due, then Pret-a-Dress will need to institute collection procedures. You agree to pay Pret-a-Dress’s costs of collection, including without limitation reasonable attorneys’ fees.
COMMUNICATIONS. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you.
The following additional conditions apply to the rental of any Product.
RENTAL FEE. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee and delivery charges listed on the Website for your rental of the Product. When you place your rental order for a Product, you hereby authorize Pret-a-Dress to charge your payment card for the Rental Fee. Pret-a-Dress will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Website is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize Pret-a-Dress to charge your payment card for an amount equal to 100% of the original retail value of the Product (when new) set forth on the Website (“Orig.” Value); provided that Pret-a-Dress will only charge your payment card for an amount greater than the Rental Fee as described below.
CANCELLATION POLICY. If you decide to cancel your rental order, please submit your request through “My Account – Order History” no later than 12noon TWO DAYS BEFORE your rental start date, and we will be happy to take care of it for you, subject to the following conditions:
Once you submit the cancellation request & receive approval confirmation from us, we will issue your Pret-a-Dress credits for the paid rental fee (applied discount will not be refunded) and shipping fee and will be transferred to your Website account automatically. This credit can be applied to any future Pret-a-Dress rental or purchase.
In the cases that cancellation request is submitted LESS than TWO DAYS BEFORE your rental start date, and before the Product is being shipped, Pret-a-Dress remains in its sole discretion in determining how to handle, whether no or partial refund as Pret-a-Dress credits is qualified.
In the cases that the Product is already being shipped, once you submit the cancellation request, our customer service team will follow up with you by email or phone to understand the situation. Pret-a-Dress remains in its sole discretion in determining how to handle, whether any refund as Pret-a-Dress credits is qualified. Shipping cost (courier fee) paid is not refundable under any circumstance.
In the case that the Product is already being delivered, no refund is acceptable. You are still responsible to return the Product to us in good condition as delivered.
EXCHANGE POLICY. If you wish to exchange your rental order to different style(s) or size(s), please submit your request through “My Account – Order History” no later than TWO DAYS BEFORE your rental start date, cancel your order and place a new one. After the cancellation is approved, we will issue your Pret-a-Dress credits for the paid rental fee (applied discount will not be refunded) and the shipping fee. Then you can place a new order with your desired style(s) or size(s) with your refunded credits. Cancellation or exchange request must be submitted before Product(s) is delivered or picked up. We will not accept any return or exchange upon receipt of item. Any exchange is subject to the availability of the exchanging Product desired and is subject to other orders for that Product.
USE OF THE PRODUCTS. Upon delivery, you bear responsibility for the Product(s). You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains that can be cleaned by dry clean, and minor damages that are repairable. We cover all repairable damages up to HK$200 to repair. If you return a Product that is damaged beyond normal wear and tear, or requires repair exceeding HK$200, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Full Retail Value for the Product.
RETURN OF THE PRODUCTS; EXTENSIONS. You agree to return the Products to Pret-a-Dress on or before the return date for the Products that are identified in your online order. If you have chosen to use Courier Service, on the rental return day, simply put the Product(s) back in our Packaging Box as delivered. Use the provided (free-return) pre-filled receiver-pay courier form, and you are responsible to schedule for a courier pickup from the designated address, or bring to the courier service center, before 12noon on the rental return day. As you may wish, you can also choose to drop off the package in person at our Central showroom.
You may extend your order for a Product by contacting us on phone no later than 12noon ONE DAY BEFORE your rental return day; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. You must return the Product on or before the date that the Product is due.
PRODUCT DRY CLEAN AND MAINTENANCE. The Products will be professionally cleaned after each rental and delivered ready to wear. We work with professional dry cleaners and inspect each product with the utmost care, but use of the product is at your own risk and Pret-a-Dress shall not be held liable for any health-related complaints associated with a Product rented from our Website. Under no circumstances are customers to attempt to clean any Products themselves by any means (dry cleaned or otherwise). If done so, Pret-a-Dress reserves the right to charge you for part or full replacement value of the items and charge you any potential lost earnings or incurred costs regardless of whether any damage has been caused, up to 100% of the Retail Value for the Product.
LATE FEES. If you return the Products late or not at all, a late fee pro-rata to the Rental Fee by each Day will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to Pret-a-Dress for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 100% of the Retail Value (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within ten (10) days after the return date for the Product, your late return will be considered a non-return and Pret-a-Dress will charge your payment card the maximum late fee set forth in this Section 2(B), less any late fees that you have already paid.
The following additional conditions apply to the sale of any Product.
“BUY” PRODUCTS ARE NEW STOCK, NEVER SOLD. You acknowledge and agree that only those Buy Products designated by us on the Website as available for purchase are eligible for purchase by you.
“SAMPLE SALE” PRODUCTS ARE USED, ALL SALES ARE FINAL AND “AS IS.” You acknowledge and agree that only those Sample Sale Products designated by us on the Website as available for purchase are eligible for purchase by you. THE SAMPLE SALE PRODUCTS FOR SALE HAVE BEEN PREVIOUSLY RENTED BY OTHER CUSTOMERS AND ARE NOT NEW. Pret-a-Dress will professionally clean and inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.
PURCHASE PRICE. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Website in connection with your purchase of the Products. Purchase Price is as listed on the Pret-a-Dress website at the time of purchase, and is subject to change. Pret-a-Dress reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize Pret-a-Dress to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order.
WE DO ACCEPT EXCHANGE or REFUND of “BUY” PRODUCTS.
Subject to the following conditions:
- Exchange or Refund requests must be submitted online within 3 calendar days from the day of receipt. Please go to “My Account – Order History” to process.
- Product(s) must be new, unused, with all brand and security tags intact, and in its original purchase condition, including all product packaging & documentation. Exchange or Refund Product(s) that do not meet the above stated will not be accepted.
- Exchange or Refund shipping fee will be $100 per order.
- Exchange is subject to the availability of the Product(s) desired for.
- Upon approval, Refunds will be reverted to your original payment method or as Pret-a-Dress credits, within 14 business days from the date we receive the Product(s).
- We will closely monitor the number of exchange/refunds made by customers, continued exchange/refunds will be flagged and potentially refused at our discretion.
- Please contact our customer service team by emailing to firstname.lastname@example.org or by phone at 2217 8330, if you have any further questions or require further assistance.
WE DO NOT ACCEPT EXCHANGE or REFUND OF ANY “SAMPLE SALE” PRODUCTS.
Purchase orders of “Sample Sale” Products are final and cannot be cancelled.
3. Use of the Services
A. Pret-a-Dress Content
CONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“Pret-a-Dress Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The Pret-a-Dress Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any Pret-a-Dress Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the Pret-a-Dress Content.
UPDATES. We may update the Pret-a-Dress Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to email@example.com. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
B. Third Party Content
LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-Pret-a-Dress websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and Pret-a-Dress is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from Pret-a-Dress, and Pret-a-Dress has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that Pret-a-Dress endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
C. Acceptable Use Policy
USE OF PRET-A-DRESS CONTENT. No part of the Services, including the Pret-a-Dress Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Pret-a-Dress authorizes you to view, copy, download, and print Pret-a-Dress Content (such as illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text) that is available on the Website, provided that: (a) you use the Pret-a-Dress Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the Pret-a-Dress Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the Pret-a-Dress Content.
USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which Pret-a-Dress considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a Pret-a-Dress representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend PRET-A-DRESS and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
D. Your Content
If you post, upload or make available to Pret-a-Dress or the Services, or otherwise submit to or through Pret-a-Dress as part of your use of the Services, including the Website, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to Pret-a-Dress a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Website, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 3(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Pret-a-Dress to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
E. Your Account
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify Pret-a-Dress promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the Pret-a-Dress Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
4. INTELLECTUAL PROPERTY
A. Ownership of the Services
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organization to material posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged. You must not use any part of the materials on our Website for commercial purposes without obtaining a license to do so from us or our licensors.
You acknowledge that, unless with prior approval of Pret-a-Dress, by accessing the Website, becoming a member or renting any products does not entitle you the right to sell, publish, license, modify, rent, edit, reproduce, adapt or otherwise deal with any material, in whole or in part, contained on the Website, including but not limited to designs, logos, graphics, trademarks, contents, images, products, software and html. Failure to follow these terms may result in infringement and violation of the relevant intellectual property laws. These acts may be exempted when the use is for non-commercial and for the sole purpose of marketing and promoting products and services provided by Pret-a-Dress on third-party services, including, but not limited to Facebook, Twitter, Instagram, Pinterest, Wechat, Google + and Sina Weibo.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that Pret-a-Dress may use your Feedback without restriction or obligation to you or any third party.
C. Notice and Take Down Procedures
If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting Pret-a-Dress by emailing to firstname.lastname@example.org and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Trademarks and brands appearing on the Website may be owned by other owners or issuers. The owners reserve their final rights and ownership over these trademarks and brands. There are no implications that Pret-a-Dress represents and/or warrants any of these trademarks and brands contained on any of the Website’s contents, image and messages, including the merchandise, product descriptions and images offered on the Website are endorsed by the owners.
By using the Website, you acknowledge and agree to protect Pret-a-Dress, its employees, board of directors, suppliers, affiliates, subsidiaries, partners, contractors, representatives and vendors from any claims, losses, damages, costs and expenses and other liabilities from any claims directly or indirectly initiated from any third-party resulting from or arises in connection with your (i) use or misuse of the Website; (ii) breach of the Terms of Services; or (iii) violation of any law or the rights of a third party. If we are required to defend any claims, you agree to fully cooperate as reasonably required by us.
7. INTERNATIONAL USE
Pret-a-Dress does not represent that information and content are available or suitable for the use outside of Hong Kong nor abides by any laws outside of Hong Kong. Users of Pret-a-Dress should comply with their applicable local laws if Pret-a-Dress is being accessed outside of Hong Kong and Pret-a-Dress takes no responsibility of any non-compliance thereto.
8. TERMINATION AND AMENDMENT OF WEBSITE AND FRAUD
Pret-a-Dress reserves the right to delay and/or refuse to courier or recall from the courier any order if fraud is suspected.
10. ENTIRE AGREEMENT
This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except by a new posting of Website Terms of Services by Pret-a-Dress, as described above.