OVERVIEW
This website is operated by penelopesusedpanties. Throughout the site, the terms “we”, “us” and “our” refer to penelopesusedpanties. penelopesusedpanties offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- 1 Scope and Contract Partner
1.1 The following General Terms and Conditions (GTC) apply to all contracts and business relations between Nuppulantie 35 (hereinafter referred to as "penelopesusedpanties" / us / we / our) and its customers (herein also referred to as customer or renter) as the valid version at the time of ordering. penelopesusedpanties is the portal name of the online shop of penelopesusedpanties and is protected by trademark law.
1.2 Requests of the customer that are beyond the scope of these General Terms and Conditions are only recognised in cases where these have been expressly and mutually agreed in writing.
1.3 Customers include both end-consumers and third-party agents. End-consumer is the customer who rents products or services for personal and private use only. A third-party agent is a customer is any legal or natural person or partnership which enters into a business relationship within the framework of its own independent or commercial professional activity.
1.4 The customer guarantees that he or she is of eligible age. Customers who are not of eligible age require written consent of their parent or legal guardian.
2.1 The representation of the goods in the online shop itself does not constitute a legally binding offer, but rather the request for order, i.e. the submission of an offer by the customer.
2.2 The submission of the fully completed online order form accordingly represents an offer of the customer to penelopesusedpanties to conclude a rental contract.
2.3 The order confirmation (via email), which is issued by penelopesusedpanties after the order has been placed does not constitute acceptance of the offer, but merely confirms receipt of the customer's request.
2.4 Confirmation of the contract is confirmed via email at the time of the dispatch of the goods.
2.5 If the request of the customer cannot be adequately fulfilled (due to stock out, logistics issues, etc.), penelopesusedpanties will inform the customer promptly. This message does not constitute an offer by penelopesusedpanties.
2.6 Once the customer submits an order, it is considered binding.
3.1 penelopesusedpanties reserves the right to fulfill orders only when full payment by credit card or bank transfer has been received.
3.2 All rented ski apparel and accessories remain the property of penelopesusedpanties. After use, rental goods must be returned in accordance with the stipulated deadlines (§9 Return and Delay of Rented Items). If the customer does not return the goods as agreed in the order agreement, the customer will pay in full the manufacturers’ recommended retail price for all goods that are not returned.
4.1 Prices are valid at the time when the order was submitted and cannot be retroactively adjusted. The prices for rented goods refer to the stated rental period. Rental items are to be identified by the article name, description and the corresponding categorisation on the website.
4.2 penelopesusedpanties reserves the right to change the online prices offered at any given time, however this has no effect on existing offers.
4.3 All prices are inclusive of packaging and delivery within Austria. Further services that require delivery outside of Austria and express orders will be handled separately.
4.4 All prices for services and goods as well as ancillary services include the value-added tax (VAT) that is valid in Austria at the time of the order.
- 5 Cleaning and Cleaning Costs
5.1 Rental apparel and accessories are laundered after every rental period. Cleaning costs for normal wear on the goods is included in the rental price and is not charged separately.
5.2 penelopesusedpanties reserves the right to further charge the customer additional costs for special laundering when goods are soiled and stained above and beyond usual and customary wear during skiing.
5.3 The customer is expressly prohibited from laundering or washing the rented goods themselves or from outsourcing laundering or cleaning to a third party (i.e. launderette or dry cleaners). The customer is prohibited from making any alterations to the rental goods such as adding stickers or buttons, sewing hems or cutting tags.
5.4 The damage caused by a cleaning service performed by the customer or by a third party commissioned by customer is to be refunded to penelopesusedpanties up to the amount of the manufacturers’ recommended retail price.
- 6 Delivery and Product Availability
6.1 The customer shall be informed about non-deliverable goods.
6.2 The dispatch of orders is usually prepared within two working days, excluding weekends and public holidays.
6.3 penelopesusedpanties endeavours to prepare the dispatch of rented items and purchased goods ordered in the same order in a timely manner so as to ensure the timely delivery (at least the day before the beginning of the rental period).
6.4 The delivery is made to the delivery address indicated by the customer, which may be different from the home or billing address.
6.5 All information on availability and delivery times are to be understood as estimates and are therefore not binding or guaranteed information.
6.6 Should a delivery to the customer not be possible, because he / she is not present at the designated delivery address or an acceptance by representatives has not been arranged, the customer shall bear all additional costs. penelopesusedpanties reserves the right to assert further claims.
6.7 Compensation claims of the customer due to impossibility of delivery because of incorrect addressing are expressly excluded.
6.8 penelopesusedpanties is entitled to rescind the contract in whole or in part if
force majeure(postal and courier strikes, lockouts, war, natural catastrophe) at partner companies, suppliers or at its own premises, leads to disruptions that interfere with a timely delivery.
6.9 Should, moreover, a delivery of rented goods not be possible for reasons beyond the control of penelopesusedpanties (i.e. delayed return of goods from previous renters) the customer will be offered a similar replacement rental before the start of the rental period or a full refund be made.
- 7 Cancellation of Rental Bookings
7.1 Reservations and bookings are binding for the customer and come into effect with the order and payment confirmation.
7.2 The cancellation of a reservation / booking of rented items is free of charge up to two weeks before the start of the rental period.
7.3 In the event of a cancellation after the rented goods have been posted by penelopesusedpanties, there will be no refund or compensation for the rental price. The customer maintains the responsibility to return the goods to penelopesusedpanties in good standing and according to the pre-arranged rental period.
- 8 Return and Delay of Rented Goods
8.1 Rental periods are defined according to the customer's wishes. The minimum rental period is four days. Accordingly, the customer is contractually obligated to return the rented goods in good order as received and within the agreed time period.
8.2 Return shipping fees are included in initial payment (§4.3). The package contains the necessary shipping documents and instructions. It is the responsibility of the customer to ensure that the return package is handed over to a postal office or courier, or left at a drop-off point (i.e. hotel reception) as instructed in writing with penelopesusedpanties.
8.3 The customer shall not be entitled to a pro rata reimbursement of the rental costs already paid or owed in the case of a premature return of the rented items.
8.4 In the event of a delay in returning the goods, penelopesusedpanties reserves the right to charge the proportionate daily rate of rental costs for every day of delay. After 3 days, a full week will be charged.
8.5 The compensation payment resulting from the delay is capped at the amount of the manufacturer’s recommended retail price. In this case, the rented items shall be transferred to the customer as soon as the relevant outstanding accounts are settled.
- 9 Liability and Obligations of the Renter / Customer
9.1 In addition to the obligation to return the rented items in good time, the rented items may only be used for private purposes by the customer himself or by the intended persons (i.e. children for whom the goods are rented). A transfer to third parties is not permitted.
9.2 All rented items shall be treated with care and shall be protected against loss, theft or damage. The customer is liable for any damage during the entire rental period.
9.3 Small, easy to repair damages (e.g. missing button, light tears around the ankle area), as well as signs of normal wear and tear (i.e. light marking and stains that are removable by normal cleaning methods) are included within the rental price.
9.4 The loss of goods due to damage or excessive wear and tear resulting from either excessive or reckless use of goods (i.e. wearing apparel for sports that are not snow-based) or through acts of negligence (i.e. losing the rented items) will be charged to the customer according to the manufacturers’ recommended retail price. The customer shall likewise be liable for damages caused by third parties.
9.5 Misuse of rented goods includes the wearing of apparel that is not the correct size. Customers will be charged the full manufacturer’s retail price for goods that are damaged through misuse.
9.6 penelopesusedpanties must be immediately informed about damages to and theft of rented goods. In the event of theft, the customer is obliged to report this immediately to the nearest police station. In addition to the notification of the facts of the case, all police documents are to be made available to penelopesusedpanties.
9.7 Compensation resulting from a delay in the return of the rental goods shall be capped at the amount equivalent to the full manufacturer's recommended retail price. In this instance, ownership of the rented goods shall transfer to the customer once the outstanding account balance is settled.
- 10 Liability and Obligations of penelopesusedpanties
10.1 penelopesusedpanties guarantees that all rental goods are in good condition and that the goods have been laundered since the previous rental.
10.2 The rental goods which are to be used only for the intended purpose.
10.3 penelopesusedpanties is not liable for damage to property or person that is connected with the use of the rented goods, except in cases where gross negligence or deliberate acts of recklessness or ill will can be proven.
10.4 penelopesusedpanties only offers rented goods that are suitable for the intended use, and is therefore not liable for damages or costs resulting from alterations to rented goods after the start of the rental period.
10.5 If a substitute delivery has been made, the reason for which is later determined to be outside the responsibility of penelopesusedpanties, the customer is liable for all additional costs incurred for the rental.
10.6 penelopesusedpanties shall not be liable for damage to life, body or health, neither by end-customers nor by third parties, in connection with the use of the rented goods.
10.7 In the event of a violation of a contractual obligation, liability is limited to the foreseeable damage claims that would only occur within the framework of the contract.
10.8 The maximum amount of liability in the event of a breach of a contractual obligation is limited to the amount of the total sum stated on the customer agreement.
- 11 Geographic Restrictions
11.1 The use of rented goods is not limited to geographic boundaries, as long as the customer fulfils his obligations with regard to the timely return of the rented goods (see § 8).
11.2 After the use of the rented ski apparel and accessories, the customer must always ensure that the contractual partner provided for return shipping receives the rented goods, which are packaged in the original shipping box. If the original box is damaged, the customer has the obligation to find an equivalent replacement or request a new box from penelopesusedpanties in due time. Goods must be shipped on the date stated on the rental agreement or the next business day.
- 12 Payment, Payment Options and Default of Payment
12.1 The price of the rented goods is calculated according to the rental period set by the customer. The customer will not be charged any marginal time required for the return or dispatch (see also §8).
12.2 The customer can pay for the ordered goods within the existing payment options.
12.3 Rented goods are only sent after full payment has been received.
12.4 If, however, a corresponding payment is not received prior to a rental period, 100% of the rental price shall nevertheless be charged even if no property is sent (see also §7).
12.5 penelopesusedpanties reserves the right to service new customers or customers who have payment arrears only after outstanding accounts have been balanced.
12.6 In the event of unpaid accounts, interest on arrears shall be charged at 15% p.a.
- 13 Delivery of Wrong Goods and Shipping Damages
13.1 If the delivered purchase goods are faulty (i.e. broken zipper) or the wrong goods were delivered, the costs for a replacement delivery will be covered by penelopesusedpanties. The customer should notify penelopesusedpanties immediately upon receipt of the goods, hence the day of arrival in the ski resort or the destination where the goods have been delivered.
13.2 The customer must immediately report damaged packages to the courier or post that made the delivery.
14.1 The accidental loss or damage of the goods shall be the responsibility of the person commissioned by the transport or the company commissioned to transport if the goods are dispatched to companies.
14.2 End-customers assume responsibility for accidental loss or accidental damage of the goods only upon receipt of goods at the shipping address destination.
14.3 By placing an order and making payment by credit card or as bank transfer, the customer agrees to the terms and conditions of penelopesusedpanties and will be held liable for any breach of agreed terms.
Cancellation policy: The right of revocation applies to all end-customers in the European Union.
Right of revocation: The period of revocation, without reason, shall be fourteen days from the date of conclusion of the contract. In order to exercise the right of revocation, penelopesusedpanties must be informed at Nuppulantie 35, TURKU 20320 Finland or [email protected], tel. (+358)497233240. A clear statement by letter or e-mail about your decision to revoke this contract is required. In order to maintain the right to revocation, the notification of the exercise of the right of revocation must be sent before the end of the revocation period.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Austria. The UN purchase right is excluded.
There are no oral side agreements to this rental agreement. Modifications and supplements to it require mutually agreed written consent of both contracting parties. In case single provisions of this agreement are or become void, this does not affect the validity of the remaining provisions. The contracting parties shall replace the void provision by a valid and efficient provision, which comes regarding its economic aims as closely as legally possible to the void provision.
September 2019
