The following Rental Agreement (“Agreement”) between you (the “Customer”, “you” or “your”) and HEKAYET SHANTA (“we,” “us,” or “our” “HS”) describe the terms and conditions on which you may submit information to, and rent handbags and accessories (each a “Product” and collectively, “Products”) and receive related services (“Services”) from HEKAYET SHANTA via our website located at www.hekayetshanta.com (the “Site”).
HEKAYET SHANTA reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement, at any time, for any reason and will apply to the rental of any Products after the date of such change. It is your responsibility to check this Agreement periodically for changes. This Agreement applies every time you submit an order for Products or otherwise use our Services.
1-HEKAYET SHANTA SERVICE; RENTAL NOT PURCHASE
As long as you comply with these Terms, HEKAYET SHANTA allows to rent Products, by which you place an order for selected Products through the Site, make a payment according to the term (as defined below, the “Term”) and prices (as defined below, the “Rental Fee” published on the Site, and have the Products shipped to the address specified on the order. You agree and acknowledge that you are renting the Products and that ownership of the Products remains with HEKAYET SHANTA at all times, unless otherwise specified in these Terms.
For the purpose of renting the Products herein, you represent that you (i) are 18 years of age or older, and (ii) are a legal permanent resident of the Egypt, and (iii) maintain a valid Egypt address for the shipment of orders, and (iv) have an account with a credit institution located in the Egypt, and (v) are authorized to use the chosen payment method (including, without limitation, major credit cards) by a Egypt-based financial institution, and (vi) have a valid email address, and (vii) Responsible of:
- Pay all the rental fees, delivery fees, late fees – if any – and any extra fees.
- Product receipt and delivery appointments.
- Accept all the products AS IS and clear from any defects that might affect its use.
- You agree to treat the Products with great care and take all necessary precautions to avoid damage and keep them in their original condition.
- You are also responsible in the event of a damage, theft or loss of a Product
HEKAYET SHANTA will occasionally perform credit and/or background checks on Customer accounts with our approved third party vendor and we reserve the right to request additional Customer documentation in order to determine eligibility prior to fulfilling your rental order.
In order to be able to deal with Hekayet Shanta, you have to provide the following during receipting the product:
1. Copy of the national ID after checking the original.
2. Copy of the front side of the credit card in case of paying online.
3. In case of using a credit card of one of your relatives, you have to provide us with a copy from his National ID and his credit card.
You acknowledge and agree that we may place limits on the rental of Products, including but not limited to restricting orders placed under a single Customer account, payment card or billing or shipping address. HEKAYET SHANTA reserves the right to limit, cancel or prohibit any rentals of Products for any reason at our sole discretion.
3-RENTAL FEES, SECURITY DEPOSIT, PAYMENT CARD AUTHORIZATIONS
The rental fee (“Rental Fee”) for the Product(s) will be the total of the rental fee and delivery charges listed on the Site in connection with your rental of the Products. When you place your rental order for a Product, you hereby authorize HEKAYET SHANTA to charge your payment card for the Rental Fee OR to collect it in cash. HEKAYET SHANTA will charge your payment card the amount of the Rental Fee immediately upon verification of your rental order, or in cash in case we accept cash payments. A reservation of a Product on the Site is an order for the rental of that Product, regardless of how far in advance that Product is reserved and can’t be cancelled.
Some Products may be subject to a security deposit (“Deposit”) and will be determined by HEKAYET SHANTA at its sole discretion. The Deposit amount for each Product is published on the Site. HEKAYET SHANTA will charge you the amount of the Deposit at the time of delivery in cash. The Deposit will be refunded once the Product has been returned and cleared of damage or can be put towards another rental upon your request.
In addition, at the time of your rental order for a Product, you hereby authorize HEKAYET SHANTA to charge your payment card for an amount equal to the original Manufacturer’s Suggested Retail Price of the Product (when new) set forth on the Site (“MSRP Value”) plus applicable sales taxes; provided that HEKAYET SHANTA will only charge your payment card for an amount greater than the Rental Fee in the circumstances set forth below.
If your credit card is denied for any reason, your order will not be processed until you provide a new, valid card to HEKAYET SHANTA, to charge the Rental Fee and Deposit. Your order will not be processed until your payment has been confirmed. This helps prevent fraudulent use of your credit card. If your credit card has expired, is declined or no longer valid while in possession of one or HS’s Products and a new rental term is due, you must update your payment information as soon as possible to avoid any late payment. If you do not pay the amounts you owe to HEKAYET SHANTA when due, HEKAYET SHANTA reserves the right to request all outstanding Products to be returned until outstanding payments by the Customer are cleared, and reserves the right to use different means to collect payments from you including but not limited to legal action and/or private collection agencies. You agree to pay HEKAYET SHANTA’s costs of collection, including without limitation reasonable attorneys’ fees.
4-DELIVERY, RECEIPT OF THE PRODUCTS
Your Product will be delivered through our agents to the address specified at the time of order, subject to the additional delivery charges set forth on the Site. The shipping method used will be at the discretion of HEKAYET SHANTA. After your order is dispatched, you will receive an automated email.
In order to help ensure the safe delivery of your order, the carrier will require an adult signature upon delivery for all orders.
Upon delivery to the address specified on the order, you bear responsibility for the Products. If you are unable to locate a confirmed delivery, you are required to contact HEKAYET SHANTA immediately.
You accept take care of the bag package that was shipped to you so as to return it in the time of delivery. In case it’s damaged, you will be responsible to pay its cost.
We can’t ship any product to another address other than the one mentioned in the rental order.
The products will be professionally cleaned and delivered ready to wear.
You can’t cancel your rental order after submitting it. In case you insist, we won’t refund the rental fees and its considered as a compensation for us. The Product will be returned by our agents from the address specified as required at the time of order from 2 pm till 5 pm. In case the client is late by any mean and the product is not ready at the mentioned period, late fees will be imposed on you with an amount of 25 EGP per hour. It will be charged directly from your credit card or by cash or will be deducted from the insurance amount of the product together with paying the additional costs of sending our agent again.
We have the full authority to take any legal actions against the client in case he did not pay his liabilities to us.
5-USE OF PRODUCTS, LOSS, THEFT, OR DEGRADATION OF THE PRODUCTS, NON-RETURN, COUNTERFEIT RETURN
Products available for rent are new or slightly used. You agree to treat the Products with great care and take all necessary precautions to avoid damage and keep them in their original condition. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, stuck zippers or other minor damage. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the MSRP Value for the Product to allow for substitution. Products rented from HEKAYET SHANTA are for personal use only. Products may not be sublet, loaned or used for professional or commercial purposes.
When damage occurs to a Product beyond normal wear and tear, you are required to immediately communicate to HEKAYET SHANTA via email to email@example.com. Under no circumstances should you attempt to have the item repaired—any efforts on your behalf to do so will result in you being charged the full MSRP Value for the Product. If the repairs of the damaged Product take beyond the expiration of your Term, Rental Fees will continue to accrue until the Product is completely repaired and can be rented again.
You are also responsible in the event of a theft or loss of a Product and therefore you will be responsible for the full MSRP Value immediately upon notification of the loss of the item. Rental Fees will continue to accrue until the payment is received in full. Also, HEKAYET SHANTA reserves the right to close your account at any time if we notice multiple cases of excessive damage or abuse to the items you have rented. You should notify HEKAYET SHANTA immediately via email at firstname.lastname@example.org when the item is lost or stolen.
Also, HEKAYET SHANTA validates that the original Product is returned once they arrive at our distribution center. If an item is detected to be a copy or counterfeit, HEKAYET SHANTA will charge you the full MSRP Value, close your account immediately, and may notify appropriate law enforcement officials of the theft.
If you return the Product late or not at all, a late fee of 25 Egyptian pound/hour (EGP 500.00) will be charged 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 HEKAYET SHANTA or by cash for every day that you are late returning the Product, and you agree to pay such late fees, up to an amount not to exceed the MSRP Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each Product that is the subject of the order that is late. 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 HEKAYET SHANTA will charge your payment card the maximum late fee set forth above, less any late fees that you have already paid, plus applicable sales tax.
7-PAYMENT OF MSRP VALUE
HEKAYET SHANTA will not charge you for more than an amount equal to the full MSRP Value plus the Rental Fee, in the aggregate, for any charges arising under this Agreement, excluding collection costs. If you pay HEKAYET SHANTA an amount equal to the full MSRP Value and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Agreement.
If you do not pay the amounts you owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees, court costs, interest at a rate equal to one and half times the legal interest rate, accrued rental fees until the product is returned or replaced and can be rented again, and such other remedies that may be available to us.
9-DISCLAIMER OF WARRANTY
The products and services are provided “as is”. hekayet shantamakes no warranty, express or implied, course of dealing, course of performance, usage of trade or otherwise, and expressly not responsible on any medical condition caused from the product usage.
10-LIMITATION OF LIABILITY
Except where prohibited by law, in no event will be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, arising out of your use of the site, the products or services related thereto, whether based upon warranty, contract, tort, strict liability or otherwise, even if hekayet shantahas been advised of the possibility of such damages.
If, notwithstanding the other provisions of this agreement, hekayet shantais found to be liable to you for any damage or loss which arises out of this agreement, the products and/or services related thereto, whether based upon warranty, contract, tort, strict liability or otherwise, hs’s liability shall in no event exceed the applicable rental fees paid by you for the applicable product and/or service. some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You assume sole and exclusive responsibility and liability for any claims against you and/or damages arising from use of the products during your rental period.
You agree to indemnify and hold HEKAYET SHANTA, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Site, the Products or Services related thereto, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.
Any breach of this Agreement will automatically terminate the rental agreement and will make you responsible to the fullest extent permitted by law, for the actual and consequential damages to La Reina and others caused by the breach, together with La Reina’s related costs and attorney’s fees.