G I R L S   G O W N   B A D

Girls Gown Bad

Terms & Condition

OVERVIEW

The website http://www.girlsgownbad.com (hereafter: the “website”) is operated by Girls Gown Bad, a registered company operating under the IDC number CHE-482.862.642 and based at 6 Rue Jean Calvin, 1204 Geneva (hereafter: “Girls Gown Bad”, “GGB”). Throughout the website, the terms “we”, “us” and “our” refer to Girls Gown Bad. Girls Gown Bad offers the website, including all information, tools and services available on the website to users, conditioned upon acceptance of all terms, conditions, policies and notices stated here.

 

By visiting the website and / or purchasing a product from it, you engage in Girls Gown Bad’s service and agree to be bound by the following general terms and conditions (hereafter: “GT&C”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. The GT&C apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.

Please read the GT&C carefully before accessing or using the website. By accessing or using any part of the website, 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 the GT&C are considered an offer, acceptance is expressly limited to the GT&C.

Any new features or tools which are added to the current store shall also be subject to the GT&C. You can review the most current version of the GT&C at any time on this page or at “www.girlsgownbad.com”. Girls Gown Bad reserves the right to update, change or replace any part of the GT&C by posting updates and/or changes to the 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.

SECTION 1 - ONLINE STORE TERMS

By agreeing to the GT&C, you agree that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given Girls Gown Bad your consent to allow any of your minor dependents to use this site.

You may not use Girls Gown Bad’s products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any viruses or codes of a destructive nature.

A breach or violation of any of the GT&C will result in an immediate termination of your contract(s).

SECTION 2 - GENERAL CONDITIONS

A. General Conditions

Girls Gown Bad’s services (hereafter: the “services”) include the rental of Products.

Limits: Girls Gown Bad reserves the right to refuse its services for any reason.

Delivery: The Products may be ordered and will be couriered to you two in two working days following your order. All deliveries outside of Geneva canton will be through GGB's shipping partners, which may change from time to time at GGB’s discretion. The shipping method used will be at the sole discretion of GGB, unless a written agreement between the parties is made.

Recovery: If you do not pay the amount owed to GGB in due time, GGB will need to institute recovery procedures. You agree to pay GGB’s costs of recovery, including Girls Gown Bad’s attorney fees if necessary.

Communications: You consent to receive communications from GGB, including email, text messages, calls, and push notifications (namely to notify you about your order status).

GGB may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers, which you have provided. Standard message and data rates charged by your mobile carrier may apply to the text messages GGB sends you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt-out by replying "STOP" to one of our text messages or by emailing contact@girlsgownbad.com. You acknowledge that opting out of receiving communications may impact your use of our services. contact@girlsgownbad.com. En désactivant les options de communication, vous prenez en compte un possible impact sur la qualité des services Girls Gown Bad.

Personal information: You understand that your personal details (credit card information not included), are not, by any means or in any event, stored in GGB’s system, but may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.

B. Rentals

Rental fee: GGB’S product rental fees (hereafter: the “Rental Fee”) includes the amount of the rental fee, the insurance, cleaning service and delivery fees listed on the website or web application for each Product. When you place your rental order, you hereby authorize GGB to charge your payment card for the Rental Fee. A reservation of a Product on the website or web application is an order for the rental of that Product, regardless of how far in advance that Product is reserved.

Politique d’annulation: You may cancel your rental order subject to the following cancellation fees and policies:
   1. In case of cancellation within fifteen (15) or more days prior to the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
   2. In case of cancellation fourteen (14) days or fewer prior to the delivery date, you will not receive any refund, but you will receive a full credit to your GGB account for the Rental Fee associated with the canceled order. This credit can be applied to any future GGB rental.

Return protective cover: With each delivery of a product, GGB provides a carrying case, which is not yours to keep and must be sent back when returning the product.

Receipt of the products: Upon delivery, you bear responsibility for the Product(s). However, if you opt to have the Products delivered by courier service, you agree to bear responsibility for receipt of Products shipped to the location specified at the time of check out. You acknowledge that a Secure Shipping Address is highly recommended. A means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, GGB does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which GGB will not be liable. You will be liable for all such delays and additional delivery fees.

Use of the products: You agree to treat the Products with great care. You are responsible for the loss or destruction of the Products due to theft, disappearance, fire or major stains. If you return a Product that is damaged beyond normal and usual scratches, then you agree that we will charge you for the price of repairing or replacing the Product. You hereby authorize GGB 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 (hereafter: the “Retail Value”) plus applicable sales taxes; provided that GGB will only charge your payment card for an amount greater than the Rental Fee as described below. Please note that by law and common practice, individuals in Switzerland are strongly recommended to subscribe to a civil liability insurance (hereafter: the “CLI”), which covers you in case of damage and loss of goods. GGB’s CLI does not cover any damage or loss caused by you.

Return of the products; extensions: the Return Packaging on or before the return date for the Products that are identified in the online invoice for your order. You may extend your order for a Product on the Site, by email at: contact@girlsgownbad.com, message at: 079 742 70 33, or phone at :079 742 70 33
to GGB; 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 by delivering the Product in the Return Packaging to the nearest Post Office insuring the product will arrive on the date that the Product is due. GGB cannot be held responsible for any personal or other items left in the Products or which are returned to GGB in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service at contact@girlsgownbad.com. GGB’s team may assist in attempting to locate such items at a customer’s request but are not obligated to and assume no liability for doing so.

Late fees: If you return the Products late, each additional day will be charged 10% (ten percent) of the rental price 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 GGB. If you have not returned a Product within twenty (20) days after the return date for the Product, your late return will be considered a non-return and GGB will charge your payment card the full amount of the retail value of the product plus applicable sales taxes.

Limited warranties: The following are the limited warranties GGB provides regarding Product rentals. GGB’s liability for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding delivery charges) as determined by GGB. See Section 6(A) below.

– Choix du produit: Subject to availability, GGB will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. You will be entitled to choose any available rental Product to replace the unavailable Product. In case of impossibility to reach you, you acknowledge and agree that GGB may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the website or web application.
– Nettoyage et prêt à porter:The Products will be professionally cleaned and delivered ready to wear. GGB inspects each Product with the utmost care, but use of the Product is at your own risk and GGB shall not be held liable for any health-related complaints associated with any Product.
– Échanges: If the Product does not fit you, you may return the Product to GGB within 24 (twenty-four) hours (excluding Sundays and holidays) of the date you received the Product by contacting contact@girlsgownbad.com.

 

SECTION 3 - USE OF THE SERVICES

A. GGB Content

Contenu general: All content and information available through the Services, including but not limited to product descriptions, product photos, advice from stylists and photos and comments from other users (“GGB 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 broad and general basis, without any knowledge as to your identity or specific circumstances. The GGB Content is provided with the understanding that such information does not constitute or substitute professional advice or services.
Updates: GGB may update the website’s Content, including Product descriptions and specifications, as we deem appropriate and without notice. If you have any questions regarding this matter, please send them to contact@girlsgownbad.com. GGB will use reasonable efforts to respond in a timely manner but does not 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-GGB websites, products, services or other materials or content (“Third Party Content”). This Third-Party Content is provided to you as a convenience, and GGB is not responsible for any independent Third-Party Content or the actions of those that provide or use such Third-Party Content.

C. Acceptable Use Policy

Use of ggb content: No part of the GGB Content may in any case or any form be reproduced or transmitted. Unless GGB authorizes you to view, copy, download, and print GGB Content (such as press releases and FAQs) that is available on the Site, provided that: (a) the GGB Content is used solely for your personal, noncommercial, informational purposes; (b) you do not modify the GGB Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the GGB Content.

Use of the services: You may not use the Services to: (i) transmit any content, information or other materials that are, or which GGB considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic or hateful (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses and/or harmful code; (iv) violate any applicable local, state, national or international laws or regulations.

D. 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 notify GGB promptly of any unauthorized use of your account or password.

E. Delays

There may be delays, omissions, or inaccuracies in the Services, including the GGB Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

SECTION 4 - INTELLECTUAL PROPERTY

A. Ownership of the Services

The Services, including the GGB Content and any changes, modifications or corrections thereto, are the property of GGB and its affiliates and licensors, and are protected from unauthorized copying and dissemination by Switzerland copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “Girls Gown Bad” and the GGB logo are registered trademarks of Girls Gown Bad, Inc., under the applicable laws of the Switzerland and/or other countries. GGB and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.

Nothing shall be construed as granting you the use of the Services or any GGB Content, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of GGB or such third party that may own such GGB Content.

B. Service License

Subject to your compliance with these Terms, GGB grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.

SECTION 5 - TERMINATION

A. Termination by you

You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact GGB at: contact@girlsgownbad.com. You understand that your Content may continue to exist and be used on or through the Service even after such deactivation.

B. Termination by GGB

Any violation of these Terms, including any of the prohibitions in Section 3(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. GGB may also terminate your account if GGB determines that your conduct poses a risk or liability to GGB, or for any other reason as determined by GGB in its sole discretion.

C. Effects of Termination

In the cases listed above, although the contract and use of services are terminated, the following sections shall continue to apply: 2(A) (Recovery), 2(B) (Rental Fee, Late Fees, Lost Return Packaging), 2(C), 3(A)-(D), 4(A), 5(C), and 6-7.

SECTION 6 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

A. Limited Warranties

The limited warranties set out in Section 2(B) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by GGB in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.

B. Disclaimer of Warranties

EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, GGB DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE GGB CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.

C. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL GGB BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF GGB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 7 - MISCELLANEOUS

Governing law and venue: These Terms are governed and interpreted pursuant to the laws of Switzerland, notwithstanding any principles of conflicts of law. A state court located in Geneva, Switzerland shall resolve any dispute arising in connection with these Terms that results in court action.

Force majeure: GGB will not be liable for or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond GGB’s reasonable control.