Art. 1. DEFINITION AND OBJECTIVE OF THE CONTRACT

 

1.1 - This is a distance rental agreement, to be valid towards both parties who - according to art. 50 and ss. of Legislative Decree 6 September 2005, n. 206 ( "Code of consumption" ) - hold the title of "Consumers "(meaning the only natural person who enters into the contract for purposes unrelated to professional activity or entrepreneurial activity executed by them), both towards subjects who always pursuant to the aforementioned Consumer Code, hold the qualification of "Professionals" (meaning the natural or legal person who stipulate the contract in the context of their professional or entrepreneurial activity). The contract relates to the booking and rental of movable property (bags) between the sole proprietorship BAG IT, with registered office in Milan 20154, Via Paolo Lomazzo n. 16, (Tax Code and registration in the Milan Business Register no. 11992150968) of Leticia Rosso Guedes, and the Customer (as stated above, "Consumer" or "Professional" pursuant to the aforementioned Legislative Decree. Lgs. N. 206/2005), regarding the different ways of concluding the contract depending on whether the customer falls into one or the other of the above categories.

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1.2 - The Contract is concluded directly by the Customer's acceptance of the General Contract Conditions prepared by BAG IT and constituting an offer to the public according to art. 1336 C.C .; General Contract Conditions published on following website owned by "BAG IT" ("www.bagitmilano.com"), below called "The Website".

 

1.3 To formulate the rental proposal referred to in the previous paragraph, the Customer must register and create their own account on the BAG IT website, by means of a specific action provided by the Website. At the time of registration, the Customer is required to provide their own personal data, giving consent to the processing of the data, according to the methods indicated in the specific "web" page of the "BAG IT" website: name, surname, address of residence or domicile (for example office address), e-mail address, identity card number - pursuant to Legislative Decree no. 196/2003 "Code regarding the protection of personal data" and art. 13 of GDPR 2016/679 (European Regulation on the General Protection of Personal Data) -to which they will have to associate an alphanumeric password for registration on the site. The account will then be created by BAG IT and activated once the procedure is successful and verification carried out by sending a specific e-mail to the e-mail address indicated by the Customer.

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1.4 These general rental conditions will remain valid and effective until will be modified and/or integrated by BAG IT. Any changes and/or additions to the General Conditions will be effective from the date on which they will be communicated to the public, through the website and will apply to future rentals made from the date of publication on the website of the aforementioned amendment of the general conditions, having no effect for rental contracts already in progress of execution. The latest updated version of the General Conditions is the one available on the BAG IT website.

 

Art. 2 GOODS SUBJECT TO RENTAL

2.1 - The goods covered by the contract between BAG IT and the Customer are high-quality goods (bags). These products are authentic, purchased directly by BAG IT at fashion houses and distributors authorized by them. The goods are, therefore, the exclusive property of the sole proprietorship BAG IT and there is in no way any connection with other Society (not related to the public). The "brands" of the bags are, for example, but not limited to the following: Gucci, Chanel, Salvatore Ferragamo, Celine, Saint Lauren, Bulgari, Dior, Bottega Veneta. It is specified further that there is no legal relationship between the BAG IT sole proprietorship and "brands" of the rental bags.

2.2 - The essential characteristics of the products are presented on the Website, within each page related to the Product. The images and shades of the Products may, however not correspond to the real ones due to the Internet browser and monitor used.

 

Art. 3. RENTAL FORMULAS IN RELATION TO TIME

 

3.1 - For each Property (Acquisition), the Customer has to choose between three rental formulas in relation to the times of the rental itself, defined respectively: a) short term rental; b) short/medium term rental; c) medium / long term rental:

a. the short term rental: can last for 3 (three) days

b. the short/medium term rental: has a duration of 7 (seven) days

c. the medium / long-term rental: has a duration of 15 (fifteen) days or 30 (thirty) days; except, in cases that must be the subject of a specific further negotiation between the Parties, the rental can be provided for a longer period of time and, therefore, for a duration exceeding one month.

 

3.2 - The rental period of the Product starts from the day of the reception of the goods by the Customer, in the place of delivery indicated by the Customer, and ends at midday on the last day of rental; therefore, the next day the goods must be returned immediately by the same courier used by BAG IT for the delivery. 

 

3.3 - Regardless of the time formula chosen at the time of conclusion of the contract, the Customer may request to extend the rental by contacting BAG IT directly, using the following e-mail address: info@bagitmilano.com. The granting of the extension by BAG IT is subject to the absence of new orders from other parties for the Property being rented in reference to the period to which the extension request refers. If the product is not available for the extension period, the Client will be required to return it within the terms originally provided. In case of failure to return the bag within the originally agreed terms, the Customer must pay the penalty clause provided for each day of delay in returning the Property, in the following article 9, i.e. 50% of the rental value for 3 days.

 

Art. 4. FEE FOR RENTAL OF THE GOOD

 

4.1 - The rental rates for the Goods shown on the Website, as well as the price list indicated in the appropriate section, are inclusive of all taxes (see the "Rental Rates" below).

 

4.2 - The rental rates include the costs for the service necessary to sanitize the bag after the return by the Customer.

 

4.3 - The aforementioned rates include insurance that is stipulated by BAG IT on the bag to cover the risk of damage discussed in the art. 13.1 Conditions.

 

Art. 5. RENTAL AND PAYMENT METHODS

 

5.1 - Following the rental proposal issued through the Website, the Customer must accept these General Conditions of Contract, and with the acceptance, the "online" rental contract is concluded, and the Customer will be required to pay using the methods indicated below in 5.4

 

5.2 - BAG IT reserves the right not to accept rental orders without specifying the reasons. In this case, the Customer will be reimbursed for any payment already made.

 

5.3 - If for some reasons attributable to damage to a bag, or to the delay in delivery of the bag by another Customer, BAG IT is physically unable to deliver it within the terms indicated in the proposal e-mail, BAG IT undertakes to contact the Customer immediately to offer him a substitute Benefit and, in case of failure to agree, will reimburse the expenses withheld in accordance with the following paragraphs.

 

5.4 - The payment for the service, to be made at the time of booking, will be charged to the credit card, and to finalize the payment Customer undertakes to indicate to "BAG IT" the details of the credit card and the three numbers located on the back of the card, i.e. the Card Verification Code (CVC or CVV), as well as the expiration date of the credit card and the type of card in possession. The payment can be made (if it is impossible or extremely difficult to make it by credit card), also through PayPal, with data provided to make the payment.

 

5.5 - Financial information (card number, expiration date, email address, etc.) will be automatically forwarded via the encrypted protocol to Stripe, without BAG IT or third parties having access to it in any way.

 

Art. 6. SHIPPING AND TRANSPORT

 

6.1 - The transport will be carried out by courier selected by BAG IT and delivered to the address indicated by the customer at the time of the order. The delivery time slot is at the discretion of the courier. In the event that the courier does not find the customer in the indicated time slot, he will make a second attempt the following day. If on this occasion the Customer will not be available, the courier will leave a notice and the Customer will have to collect the Benepresso at the delivery point that the courier will indicate in the non-delivery notice. BAG IT is not liable for any delivery delays attributable to the Customer.

 

6.2 - Transport costs are charged to the Customer. In the event that the Goods must be delivered in the Municipality of Milan or in the neighboring Municipalities, the transport costs are charged to BAG IT

 

6.3 - Any responsibility of BAG IT is expressly excluded for any or delayed disservices in the delivery of the Goods, attributable to the courier, due to force majeure or accident (for example strikes, failure of delivery due to extreme climatic conditions, etc. ). In the event that a bag cannot be delivered within the agreed term for the above reasons attributable exclusively to the courier or due to force majeure or unforeseeable circumstances, BAG IT undertakes to reimburse the Customer with a voucher valid for 6 months.

 

6.4 The bag will be delivered with its case - containing the indication of the BAG IT “brand” - and must be returned, at the end of the rental contract, in the same case;

 

Art. 7. USE OF THE PRODUCT

 

7.1 - The Customer undertakes to use the Product with care, to prevent the occurrence of damage pursuant to art. 12.

 

7.2 - The Customer is fully responsible for the product from the moment it was delivered.

 

Art. 8. PRODUCT RETURN

 

8.1 - The Customer will return the product at the end of the agreed rental period; a period foreseen in the previous art. 3 (short rental; short / medium term; medium / long term).

 

8.2 - For the return, the Customer must use the same box in which the goods were received. In case of loss or damage of the box, the Customer must contact BAG IT using the flowing e-mail address: info@bagitmilano.com and arrange the return shipment directly and at their own expense within the terms established pursuant to art. 3 of these general conditions. 

 

8.3 - At the end of the period indicated in the previous article 3.1, the Customer must directly contact the courier to collect the package to be returned, or they can deliver it directly to one of the courier's shipping centers. All useful information for returning the goods is indicated by BAG IT in the leaflet included in the box.

 

Art. 9. NON-RETURN 

 

9.1 - If the Product is returned late with respect to the provisions of the previous Article 3, an amount will be charged to the Customer for each day of delay, as a penalty clause pursuant to art. 1382 of the Civil Code, equal to 50% of the rental value for 2 days for each day of delay; and this for a maximum period of 15 (fifteen) days. 

 

9.2 - Once the aforementioned period of time has passed without the return of the goods has taken place, the Customer will be charged an amount, as a penalty clause pursuant to and for the effects of art. 1382 of the Civil Code, equal to the list price of the Property indicated in the price list available on the Website; from the aforementioned amount, charged to the Customer in case of the Penal Clause, the amount already paid by the Customer, in accordance with the previous Clause 9.1 will be reduced.

 

9.3 In case of non-return or irreparable damage to the Property, the Customer must pay an economic penalty equal to the extent of the damage, always equal to the list price of the Product indicated on the Website. The customer authorizes to charge their credit card the amount listed and undertakes to avoid preventing this procedure in any way. If it is not possible to debit the amount listed on the Customer's card, they must provide another form of payment to compensate for the damage, no later than seven days from the dispute by BAG IT to the Customer of the non-return or irreparable damage to the bag.

 

Art. 10. EARLY RETURN 

If the bag is returned by the Customer before the chosen rental term, BAG IT will not be required to make any refund.

 

Art. 11. DAMAGE TO THE PROPERTY

 

11.1 - In case of damage to the asset (in which it will be possible, however, to repair the asset), and in particular, in the event of scratches or lacerations, the customer will be required to pay an amount equal to 20% of the value of the bag, indicated in the price list on the Website.

 

11.2 - If the repair of the asset is not possible or, if it is deemed to objectively compromise the future usability of the Asset or is deemed as uneconomical, 100% of the listed price of the Asset will be charged to the Customer, as indicated on the Website. In this case, it is Customer's obligation to pay, according to the methods indicated in the previous art. 9.3 no later than seven days from the dispute. Once the full payment of the bag has been obtained, BAG IT will return the same bag that is deemed as no longer usable, to the Customer by courier to BAG IT expenses.

 

Art. 12. COMPLAINTS 

For any clarification or any complaint, BAG IT can be contacted by e-mail at info@bagitmilano.com

 

Art. 13. ABSENCE OF RIGHT OF WITHDRAWAL 

Regarding contracts stipulated, the party falling to qualify as "Consumer" pursuant to the Consumer Code (Legislative Decree no. 206 of 2005) has the right of withdrawal, according to art. 55 of the same Consumer Code within fourteen days of receipt of the goods, undertaking the responsibility of the return of the goods. In case of communication the right of withdrawal, only the shipping costs inherent to the courier. It is understood that the right of withdrawal may be expressed as long as the Customer does not remove the protective tape that is affixed to the bag closing. Once this protective tape has been removed, the Customer has expressed, with all intents and purposes, the will to take advantage of the rental agreement and, consequently, to renounce the right of withdrawal.

 

Art. 14. PROTECTION AND COMMUNICATION OF PERSONAL DATA PURSUANT TO GDPR2016 / 679 

 

In relation to the provisions for the protection of personal data, the Customer explicitly acknowledges that the information required by the art. 13 of the GDPR 2016/679 (EU Regulation), as well as the "Privacy Code" referred to in Legislative Decree no. 196/2003, and have given BAG IT consent to the processing of their data exclusively for the purposes provided for by the same GDPR 679/2016 and by the Privacy Code referred to in Legislative Decree no. 196/2003.

 

Art. 15. JURISDICTION 

 

The Contract is governed by Italian law. Any dispute relating to the application, execution, interpretation, and violation of this Agreement will be the responsibility of the Forodi Milano, if the Customer falls within the qualification of "Professional" pursuant to the Consumer Code (Legislative Decree no. 206 of 2005). It will be the responsibility of the Court where the Customer has his domicile if he fall within the qualification of "Consumer" pursuant to the aforementioned Code.