This rental policy constitutes a legal agreement between the Renter and JULY (as defined below) and shall apply to all rental orders placed through JULY.
DEFINITIONS
“Damages” (in relation to a Dress) means the actual expenditure in repairing any damage, replacing any parts and/or elements, or any other charges incurred related to an incident of whatever nature.
“JULY” means JULYONLINE (Pty) Ltd, a company established under the rules and regulations of the Companies and Intellectual Property Commission, South Africa.
“Dress” means the designer dress and/or any other apparel offered for rental by JULY and in respect of which the Renter has ordered the rental thereof.
“Rental Period” means the period between the date of requested delivery and the termination date and time entered on JULY’s records of the rental.
“Renter” means all the persons, jointly and severally, who are purchasing rental of a Dress from JULY.
“Total Loss” (in relation to a Dress) means: (I) Damages where the estimated costs of repairs is such that the Dress is in the sole and absolute discretion of JULY uneconomical to repair in relation to the value of the Dress and condition of the Dress for the time being; or (II) when the Dress is stolen and/or lost. The amount of the Total Loss will be 100% of the retail value reasonably determined by JULY at the date of loss.
“Wearer” means such person who is duly authorized by JULY to wear the Dress.
RENTAL
JULY rents to the Renter, who hires the Dress subject to the terms and conditions applicable at the time of the rental as set forth herein. The Renter will be bound by these terms and conditions, whether they are the Wearer or not.
Any rental orders placed with JULY shall be legally binding.
DELIVERY
In no event shall JULY be liable for any delays or costs resulting from the Renter’s failure to receive delivery of a Dress at their requested delivery address.
The Dress shall be deemed to have been delivered to the Renter or their duly authorized representative or the Wearer in good order and repair, clean and without any damage, unless otherwise recorded in writing and signed by JULY (or its delivery agent) and the party accepting delivery of the Dress.
Deliveries shall be subject to any additional terms indicated on JULY’s website.
USE OF DRESS
The Dress shall be used exclusively by the Renter (or by the Wearer, if different from the Renter). Any use of the Dress by any person shall not be permitted.
JULY will at all times remain the owner of the Dress.
RETURN OF THE DRESS
The Renter shall return the Dress to JULY at the end of the Rental Period at the location of original delivery (unless otherwise agreed to by JULY), and in the packaging and form provided and indicated by JULY to the Renter.
If a Dress is returned late, JULY charges 10% of the retail value of the Dress for each day.
The Dress shall be returned to JULY in the same condition as received, that being undamaged and in good condition, ordinary wear and tear excepted.
PURCHASE
JULY may at its discretion offer the Renter the right to purchase the Dress, in which case the Renter shall pay to JULY such additional amounts as may be agreed between JULY and the Renter. Any purchases by the Renter of any Dress shall be on “as is” basis, without any warranty express or implied, and shall be final and non-refundable.
RENTER/WEARER
The Dress may only be worn by the Wearer.
If the Renter and Wearer are not the same person, then, the Renter shall remain liable for all their obligations in terms of this agreement and in particular, they shall be liable to JULY as if they had been wearing the Dress.
RENTAL RATES AND CHARGES
The Renter agrees to pay JULY the rental rates plus all other charges and fees opted for or utilized by the Renter as contemplated up until the Dress is returned to JULY, as per the rates indicated on JULY’s website.
The Renter shall be liable for all costs incurred by JULY (including, without limitation, all fees of lawyers and other advisers) in recovering any outstanding expenses not paid by the Renter.
RENTER’S RISK AND LIABILITIES
The Renter shall assume the sole risk of the Dress (ordinary wear and tear excepted) from the time that the Dress is handed to the Renter until such time as the Dress is returned, in accordance with the terms of this agreement.
INCIDENT IN RELATION TO THE DRESS
If at any time the Dress is involved in an incident, damaged, stolen and/or lost, the Renter shall take every reasonable precaution to safeguard the interest of JULY, and failure to do so will result in the Renter being liable for Total Loss.
The Renter shall notify JULY upon return of the Dress of the occurrence of any incident or damage in relation thereto.
LIMITATION OF LIABILITY / INDEMNITY OF JULY BY RENTER
Neither JULY nor any of its directors, employees or service providers shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from the rental by the Renter of the Dress, including, without limitation, any defect in the Dress (howsoever arising and of whatever nature) and whether such loss or damage results from breach of contract or negligence or gross negligence or otherwise which may be suffered by the Renter, Wearer and/or any third party.
JULY, its directors, employees or affiliates are accordingly indemnified by the Renter against any claim of any nature whatsoever and howsoever arising from any damages or loss which might be instituted against JULY, its directors, employees or affiliates arising from or connected with or pursuant to the renting of the Dress contemplated in this agreement.
GENERAL
This document contains the entire agreement between the parties regarding the matters contained herein and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded in writing by JULY.
If any provision of this agreement is found by a court of law to be invalid or void, such provision will be severed from the agreement, without affecting the remainder of the provisions hereof.