Terms and Conditions for Elegance on Rent

Introduction

Elegance on Rent (“we,” “us,” “our,” “EOR”) is a company that provides premium kids party wear clothes for rent and facilitates the sale of preloved kids clothes through our website www.eleganceonrent.com (the “Site”). These terms and conditions (“Terms”) govern your use of our Site and services. By using the Site, you agree to comply with and be bound by these Terms.

Customer Agreement

These Terms constitute an agreement between Elegance on Rent and you, the customer of our Site and services. “You” or “Customer” refers to the individual using the Site, and “we,” “us,” “our,” or “the company” refers to Elegance on Rent. By accessing and using our services, you accept and acknowledge these Terms.

Agreement Period

This agreement begins when you first confirm your order via WhatsApp with Elegance on Rent and remains in effect indefinitely unless terminated as provided in the termination clause below.

Eligibility

Our services are available only to customers above the age of 18 who are legally competent to enter into binding contracts under the Indian Contract Act, 1872.

Privacy Policy

We are committed to protecting your privacy. Please review our privacy policy for more information.

Modified Terms

EOR reserves the right to revise, amend, or modify these Terms as necessary without prior notification. Changes may include adding fees or charges. We suggest you review these Terms and the privacy policy periodically to stay informed of any changes. Continued use of our services constitutes acceptance of the modified Terms.

Description of Services

EOR provides customers access to rent premium kids party wear clothes, purchase preloved kids clothes, and send their kids clothes to us for renting or selling. These services may be added, removed, or modified by us from time to time.

Rental Period

The rental period is the term for which a product is rented. For standard rentals, the rental period is 3 days. This period begins on the date of delivery and ends when the product is collected from the customer. The collection time is at our sole discretion. Customers must make the product available for collection as informed by us.

Order Placement

Orders can be placed by confirming through WhatsApp. We reserve the right to accept or reject any order. Customers will receive a confirmation message upon acceptance of their order. Products may appear slightly different in color and style from the images displayed on the Site.

Restriction on Placement of Orders

We may limit the number of orders placed by a single customer. We reserve the right to cancel any order or prohibit customers from renting or purchasing products for any reason, including potential abuse of services.

Payment

Customers must pay the rental fee (“Rental Amount”) and a security deposit as specified on the Site. The rental amount and security deposit include taxes, but some other charges like a one-time delivery fee must be paid by the customer. The security deposit will be refunded upon the return of products in good condition. For product purchases, customers must pay the sale price and delivery charges as specified on the Site.

Mode of Payment

Payments can be made through various methods available with us. By placing an order, you authorize us to charge the applicable rental amount, sale price, or any other due amounts through the selected payment method. Providing invalid or inaccurate payment details may result in legal action.

Delivery and Pick-Up Charges

“EOR” provides a one-time delivery and pick-up service charge included in the initial rental fee. This covers the cost of delivering the rented product(s) to the customer’s specified address and picking them up after the rental period ends. Any additional delivery or pick-up requests beyond this initial service will incur an extra charge, which the customer will be responsible for paying. The specific amount for these additional services will be communicated to the customer at the time of request and must be paid in advance or at the time of service.

Delivery and Shipping of Products

All deliveries will be made through EOR itself or through our shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of EOR. The products sent to you will be cleaned and delivered ready to wear. We thoroughly clean, sterilize, and inspect each product before sending it to you, but use of the products is at your own risk, and EOR shall not be held liable for any health-related complaints regarding any product. EOR shall deliver the products ordered by a customer, including the size, color, and design, on or before the delivery date. If a product ordered by you is not available, EOR shall take reasonable efforts to notify you of such unavailability, and you shall have the right to order a replacement product. In the case of products purchased under the preloved segment of the Site, the delivery time shall be 30 days. EOR may deliver the products to the customer before 30 days; in that case, EOR will inform the customer about the estimated delivery day by SMS, email, or any other means of communication. If EOR is unable to deliver the confirmed order(s) as mentioned herein and the payment for such order(s) has been made by you through online mode, the full amount will be refunded to your account within a reasonable time.

Receipt of Product

The products shall be shipped to the shipping address provided by you at the time of placing an order (“Shipping Address”). It is clarified that the Shipping Address provided by you shall be accurate and secure and that EOR shall not be liable for any delay in delivery if such Shipping Address is found to be inaccurate or insecure at the time of delivery of the product. If the Shipping Address is found to be inaccurate or insecure, additional delivery charges, as may be computed at the sole discretion of EOR, shall be paid by you.

Use of Rented Products and Damages, if any

Upon delivery of the product by EOR at the Shipping Address provided by you, you shall have full responsibility for the use, maintenance, and safety of the product ordered by you and delivered by EOR to you, and you agree to treat the products with utmost care. Until the product(s) reach the warehouse of EOR, any damage caused to the product during transit or before, and found on the product(s), shall be the sole liability of the customer. You shall be solely responsible for protecting the product delivered to you from any loss, destruction, or damage caused due to any reason, including but not limited to theft, fire, stains, alterations, disappearance, tearing, rubbing-off, or any other cause (“Major Damage”). You shall further be responsible for protecting the product delivered to you from any loss which may result in any form of lessening in the product’s commercial value (“Major Loss”). You shall handle the products, during the Rental Period, with the same care and precaution as you would for your own property. If any damage is done to the product that amounts to normal wear and tear as determined by EOR, you shall not be liable for such damage. However, if a product returned by the customer is damaged beyond normal wear and tear resulting in major loss, you agree that we shall charge you, and you shall pay, an additional charge of up to 150% of the retail value of such product, as determined by EOR on account of such Major Loss. It is clarified that the amount required to be paid by you on account of any Major Damage shall be determined at the sole and absolute discretion of EOR. Whether the product is damaged and the extent of the damage shall also be determined at the discretion of EOR. You hereby explicitly agree to the levy of additional charges on account of any Major Damage or Major Loss as may be determined by EOR to have been caused to the product while in your possession. It is clarified that in the event of any Major Damage or Major Loss caused to the product during the Rental Period, EOR is authorized to adjust the penalties for such Major Damage or Major Loss, as specified above, against the Security Deposit paid by you. If the penalty for such Major Damage or Major Loss is an amount higher than the Security Deposit, EOR is authorized by the customer to immediately charge the customer the penalties for the balance of such Major Damage or Major Loss, as per the sole and absolute determination of EOR. If EOR is unable to deduct such a charge from your security deposit, you hereby agree to pay such an amount to EOR within 24 hours of receiving notification. Further, if the penalty for such Major Damage or Major Loss is an amount lower than the Security Deposit, the balance of the Security Deposit shall be refunded to you by EOR in accordance with these Terms. You explicitly agree not to dispute the decision made by EOR in relation to the determination of damage to the product during its delivery and/or any Major Damage or Major Loss in accordance with these Terms. The conditions under this clause are applicable to returned products also. The conditions under this clause are applicable to rental products only.

Cancellation of an Order (Cancellation Clause)

Cancellation by “EOR”

“EOR” reserves the right, at its sole discretion, to refuse or cancel any order for any product(s) whether for rent or sale made by the customer. This may occur for various reasons such as the product being no longer available, temporarily unavailable, or due to limited quantities. If the same product has been ordered by another customer prior to your order, if there is a problem with the payment made by the customer, inaccurate or insufficient shipping address, or other inaccurate details provided by the customer at the time of placing an order, or if the product is requested to be delivered to a location where “EOR” does not cater or is otherwise inaccessible. Additionally, if there are inaccuracies, defects, or errors in the identified product(s) or its pricing information, or if any malpractice or abuse is identified by “EOR” on the part of the customer while placing any order or using the services rendered by “EOR”, the order may be cancelled. “EOR” may also require additional verification or information before accepting any order placed by you. “EOR” will contact you using the details provided during your registration if all or any portion of your order is cancelled or if additional information is required. If your order is cancelled after your payment has been made, the rental amount or the sale price will be reversed back to you within a reasonable time frame.

Cancellation by Customer

“EOR” reserves the right to accept or reject requests for cancellation for any reason. Requests for cancellation of an order will be entertained only until “EOR” has not dispatched the products. After the product(s) leave the warehouse, no cancellation request will be entertained. If the order is cancelled by the customer 48 hours before the booking date or before dispatch, a full refund will be provided. However, if the order is cancelled by the customer within 48 hours of the booking date or after dispatch, partial or no refunds will be provided. The customer must send the cancellation request only via WhatsApp. “EOR” may reduce or nullify the cancellation fee on a case-by-case basis at its absolute discretion. The time at which any order is made by you for any of the product(s) shall be recorded by “EOR” at its sole discretion and such time shall not be disputed by you. The customer agrees not to dispute the decision made by “EOR” regarding the determination of the applicable cancellation fee and accepts “EOR”’s decision in response to any cancellation request. It is clarified that “EOR” shall not accept the cancellation of orders placed by a customer for purchasing products listed for sale on the site, and all such orders shall be final and binding on the customer. “EOR” owes no liability to the customer for citing any reason for cancelling any order made by the customer.

Return of Products (Return Clause)

Return of Products after Use

You hereby agree and acknowledge that you shall be solely responsible for returning the products delivered to you within a period of 3 (Three) days from the date of delivery (“Return Date”) in a satisfactory condition and subject to these terms. In the event you fail to return the product to “EOR” before the expiry of the return date, you agree that “EOR” is entitled to and authorized to charge the applicable late fee (“Late Fee”) of 50% of the rental amount for each product for each day after the return date. This amount is in addition to the rental amount plus all applicable taxes. If the product(s) are not returned within 8 (Eight) days from the Return Date, “EOR” shall have the right to charge you a Late Fee equivalent to 150% of the retail price of the product(s) plus all applicable taxes. The Late Fee chargeable by “EOR” shall be in addition to the Rental Fee payable by you for each product, ordered and delivered to you by “EOR”, and any additional payment due for any material damage done to the product by you while using it in accordance with these Terms. “EOR” shall have the right to adjust the Security Deposit against the Late Fee payable by you. In the event the amount of Late Fee payable by you is higher than the Security Deposit, you hereby authorize “EOR” to immediately charge the balance Late Fee. If the Late Fee payable by you is lower than the Security Deposit, “EOR” shall refund the balance Security Deposit in accordance with these Terms. All the terms and conditions mentioned under the “Use of Product” clause are applicable here and are not re-written for brevity. You are advised to refer to the same.

Return terms for Products on Sale

It is clarified that “EOR” shall not accept any request for return of product(s) purchased from the site, and all such orders shall be final and binding on the customer. “EOR” owes no liability to the customer for any damage caused when returning any order made by the customer.

Refunds

In the event of any cancellations and/or returns subject to the clauses above, the refund(s) to be made by “EOR” to the customer of the Security Deposit and/or Rental amount and/or Delivery Charge and/or any other charges after deductions, if any, would be made within 15-45 days from the date of cancellation and/or return, depending upon the Bank/Payment Gateway Policies of “EOR” and the customer, respectively. All refunds are processed through Third Party Payment Gateways engaged by “EOR”. However, “EOR” shall not be liable in any manner if there is any delay/failure in processing the refund, as it is the liability and responsibility of the Third Party Payment Gateways. “EOR” will take reasonable steps to get the refunds processed in a timely manner but cannot guarantee the same.

Pricing Information in Case of Sale

“EOR” strives to provide you with the best prices possible on products and/or services you buy from us. However, “EOR” does not guarantee that the price will be the lowest in the city, region, or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to “EOR” pricing policy and the prices shall be determined only at “EOR”‘s sole discretion. While “EOR” strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, “EOR” may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. “EOR” will have the right to modify the price of the product and contact you for further instructions using the telephone number provided by you during registration, or cancel the order and notify you of such cancellation. If “EOR” accepts your order, the amount will be debited to your account. If we have to cancel the order after we have processed the payment, the amount will be reversed back to your account.

Limitation of Liability

In no event will “EOR”, its employees, officers, directors, affiliates, or agents be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the website or service (or the termination thereof for any reason), even if “EOR” has been advised of the possibility of such damages. The “EOR” site shall not be responsible or liable whatsoever in any manner for any content posted on the site or app (including claims of infringement relating to content posted on the website or app), for your use of the website, app, and services, or for the conduct of third parties whether on the site, in connection with the services, or otherwise relating to the website, app, or services.

Indemnification

You agree to indemnify, defend, and hold harmless “EOR”, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the site from and against all losses, expenses, damages, and costs, including reasonable lawyer fees, resulting from any violation of these Terms by you.

Electronic Communication

When you use the site or send emails/WhatsApp messages to “EOR”, you are communicating with “EOR” electronically. You consent to receive communications from “EOR” electronically. “EOR” will communicate with you by WhatsApp, email, SMS, or by posting notices on the site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Entire Customer Agreement

This Customer Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties, whether written or oral, in connection with the subject matter hereof.

Confidentiality

Customer hereby agrees that they will use the services for personal use only. Customer may not register for or use our service to monitor or test its performance or for other benchmarking or competitive purposes.

Prohibitions

You must not misuse this site. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other customers; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offense, and “EOR” will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

Governing Law

These terms and conditions are to be construed in accordance with the laws of the jurisdiction where “EOR” is based, and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the courts where “EOR” is based.