Rental Agreement (the “Rental Agreement”)

PLEASE NOTE THAT THESE ARE IMPORTANT CONDITIONS AFFECTING YOUR RIGHTS AND SHOULD BE READ CAREFULLY.

This Guest Rental Agreement constitutes a legal agreement entered into between the Guest and the Host (as defined below) and shall apply to all Transactions placed through the ClozEnough Marketplace. This Guest Rental Agreement incorporates by reference ClozEnough’s Terms & Conditions and Privacy Policy.

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1. DEFINITIONS

In this Guest Rental Agreement, unless the context indicates otherwise:

“Agreement” means the Guest Rental Agreement (as defined below) and the Marketplace Terms (as defined below), which are incorporated into the Guest Rental Agreement by reference;

“ClozEnough” means the entity of International Luxury Associates LTD, established under ADGM with registration number 000008153;

“ClozEnough Marketplace” means the platform used for any Transaction between a Host and a Guest, where a Host (as defined below) lists an Item (as defined below) and a Guest (as defined below) rents or buys such an Item;

“Guest Rental Agreement” means the ClozEnough Guest Rental Agreement entered into between the Guest and ClozEnough;

“Marketplace Terms” means these ClozEnough Marketplace Terms & Conditions;

“Item” means any bag, other apparel, accessory or any item listed on the ClozEnough Marketplace by the Host and in respect of which the Guest (as defined below) has ordered the rental thereof;

“Rental Period” means the period between the date of requested delivery and the termination date and time or if such period is extended, the time and date entered on ClozEnough’s records of the rental;

“Guest” means the end-user renting or buying an Item through the ClozEnough Marketplace;

“Host” means any person listing Items on the ClozEnough Marketplace, which will be rented or sold to Guests;

“Damages” (in relation to an Item) means the actual expenditure in repairing any damage, replacing any parts and/or elements, or any other charges incurred related to an incident of whatsoever nature;

“Total Loss” (in relation to an Item) means: (I) Damages where the estimated costs of repairs is such that the Item is in the sole and absolute discretion of ClozEnough and/or a third party advisor uneconomical to repair in relation to the value of the Item and condition of the Item for the time being; or (II) when the Item is stolen and/or lost in the Guest’s care. The amount of the Total Loss will be the 200% of the retail value reasonably determined by ClozEnough and/or a third party advisor as at the date of loss;

“Transaction” means the complete process of renting or buying/selling an Item by the Host/Guest, inclusive but not limited to Listing an Item, booking an Item etc.;

“Listing” means adding an Item by the Host to the ClozEnough Marketplace with the aim of renting or selling the Item;

2. TRANSACTION

2.1 The Host transacts with the Guest, who rents/buys the Item subject to ClozEnough’s Terms and Conditions applicable at the time of the Transaction as set forth herein. The Guest will be bound by these Terms and Conditions, whether they are the user or not. If the Guest is not the same person as the user, it shall be the Guest’s responsibility to procure that the user complies in full with these Terms and Conditions.

2.2 All transactions from the Host are subject to availability of the requested Item.

2.3 ClozEnough’s general policy is to limit Guests to 1 (one) Item at any given time, although ClozEnough reserves the right at any time to increase or decrease this number, with respect to any or all Guests.

3. CANCELLATION OF TRANSACTION

3.1 Any Transaction placed through the ClozEnough Marketplace shall be legally binding.

3.2 All transactions are pre-paid and Items may be cancelled by either the Host or the Guest, as per the following condition:

  • Full refund for cancellation made with 48 hours of booking if delivery date is at least 14 days away. 50% refund for cancellations made at least 7 days before delivery. No refunds for cancellations made within 7 days of delivery.

4. DELIVERY

4.1 ClozEnough shall deliver to the Guest the Item ordered by them in accordance with their selected design and size specifications, on or prior to the requested delivery date. In the event that the Item fails to be delivered by the requested delivery date, due to the Guest’s fault, the Guest shall not be entitled to a refund of rental costs and charges, without any further obligation or liability on the part of the Host. In the event that the Item fails to be delivered by the requested delivery date, due to a fault of anyone other than the Guest, the Guest shall be refunded for the rental costs and charges of the missed rental days, or entitled to cancel the Transaction and receive a full refund of the rental costs and charges. 

4.2 Delivery of an Item shall be made by ClozEnough’s third party delivery provider, to the address indicated by the Guest. ClozEnough reserves the right to refuse delivery to a post office box or to any other location at which a person is not available to accept physical delivery. Deliveries shall be subject to any additional terms indicated on ClozEnough’s website.

4.3 Delivery and transfer of the risk related to the Item shall occur at the time and place that the Guest takes possession of the Item at the delivery address specified by the Guest when placing their rental order. It shall be the Guest’s responsibility to ensure timely collection and/or physical reception of any Item from their requested delivery address. In no event shall ClozEnough be liable for any delays or costs resulting from the Guest’s failure to receive delivery of an Item at their requested delivery address.

4.4 The Item shall be deemed to have been delivered to the Guest in good order and repair, clean and in conformity with the listing condition. In case the Guest identifies major discrepancies, including but not limited to the serial number not matching the ordered Item, Item condition, the Guest has the right to refuse acceptance at delivery and should immediately contact ClozEnough’s customer service team.

5. USE OF ITEM

5.1 The Item shall be used exclusively by the Guest. 

5.2 The Item may be used only for the Rental Period. To extend the rental period, the Guest must book a new rental based on the availability of the Item as agreed to by the Host. 

6. RETURN OF THE ITEM

6.1 The Guest shall return the Item to the Host at the end of the Rental Period at the location of original delivery, and in the packaging provided and indicated by the Host to the Guest.

6.2 The Guest acknowledges that failure to return the Item as set forth in this agreement shall constitute illegal possession by them, and the Host may repossess the Item wherever same may be found and from whomsoever is in possession thereof. Any costs incurred by the Host to retrieve the Item will be for the account of the Guest. Moreover, ClozEnough reserves the right to charge a penalty for failure to return any Item on time.

6.3 In no event shall ClozEnough or the Host be liable for any delays or costs resulting from the Guest’s failure to return the Item to the third party delivery provider at their requested delivery address.

6.4 If an Item is returned late, ClozEnough charges 5% of the retail value of the Item for each day, with a total penalty of twice the retail value of the Item being due for any Item not returned after 20 (twenty) calendar days. The Guest hereby authorises the charging of their credit card in that amount, in such circumstances. Payment of late penalties shall be without prejudice to the Guest’s obligation to return the Item to the Host.

6.5 Should the Item not be returned as indicated above, the Item may be reported as stolen to the relevant authorities, and ClozEnough will charge the amount of twice the retail value of the Item to the Guest’s credit card.

6.6 The Item shall be returned to the Host in the same condition as received, that being undamaged and in good condition, ordinary wear and tear excepted.

7. TERMINATION/ CANCELLATION/ EXTENSION OF RENTAL

7.1 Notwithstanding anything to the contrary contained herein, the Guest shall be entitled in its sole and absolute discretion to terminate this agreement at any time by providing notice to ClozEnough, whereupon the Guest shall immediately return the Item to the Host. 

7.2 In the event of such failure to return the Item to the Host, the Host shall be entitled to recover possession of the Item, wherever found and from whosoever has possession thereof. The obligations of the Guest and the rights of the Host shall continue in full force and effect until the Item has been returned to the Host in terms of this agreement and the Guest has complied with all of their obligations. Any costs incurred by the Host or ClozEnough to retrieve the Item will be for the account of the Guest.

7.3 The Guest shall give ClozEnough 24 hours’ notice, prior to the termination of the agreement, of their intention to extend the Rental Period. The Rental Period shall be extended on acceptance by the Host of the extended Rental Period requested by the Guest.

8. GUEST

8.1 The Guest warrants that they are entitled and have the capacity to enter into this agreement, that all particulars given to ClozEnough are true and correct.

9. RENTAL RATES AND CHARGES

​​9.1 The Guest agrees to pay the Host through the ClozEnough Marketplace, the rental rates plus all other charges and fees opted for or utilised by the Guest as contemplated up until the Item is returned to Host, as per the rates indicated on ClozEnough’s website or as otherwise communicated to the Guest.

9.2 Rental rates, charges and fees will be calculated for the whole of the rental period (including any extended period as agreed by the Host) at the rates and on the basis set out by the Host. The Guest shall also be liable for all costs incurred by ClozEnough (including, without limitation, all fees of lawyers and other advisers) in recovering any outstanding expenses not paid by the Guest.

10. PAYMENT

10.1 All payments are due on demand. Payment for the rental of an Item shall be payable at the time of placing the rental order. All charges payable by the Guest shall be payable by credit card.

10.2 The Guest will not be entitled to set-off or withhold payment of any amounts due in terms of this agreement for any reason whatsoever.

10.3 If ClozEnough has agreed to accept payment from the Guest by credit card or charge card, the Guest’s acceptance of this agreement will constitute irrevocable authority for ClozEnough to obtain authorisation and/or payment. This will also constitute irrevocable authority for the issuer of the card to debit them with the total amount due to the Host or ClozEnough, including but not limited to any late penalties, Damages and/or Total Loss suffered by the Host or ClozEnough. Such authority shall extend to cases where the price for renting an Item is zero.

10.4 In the event that the Guest returns the Item to the Host prior to the termination of the Rental Period, the Guest will pay, at the discretion of ClozEnough either the usual rates and charges applicable to that part of the Rental Period actually used, or the rates and charges for the full Rental Period.

10.5 In the event of an incident and/or if the Item is stolen and/or lost, the full amount of the Damages and/or the Total Loss as suffered by the Host or ClozEnough is payable by the Guest immediately on demand by ClozEnough. 

10.6 If any amount is not paid on the due date by the Guest, ClozEnough may without prejudice to any rights it may have, charge interest on the overdue amount at a rate of 5% per day or the maximum amount allowed under the law, whichever is lower, and in the sole discretion of ClozEnough.

10.7 A certificate of any director, manager or accountant of ClozEnough as to any amount owed by the Guest to ClozEnough shall constitute prima facie proof of that amount.

11. ACCEPTED PAYMENT METHODS

At ClozEnough, we prioritize your security and convenience. That's why we offer a seamless and secure payment process for your luxury and expensive ladies' bags. Our payment methods are designed to provide you with a worry-free shopping experience. Currently, we accept payments through Visa and Mastercard, ensuring a globally recognized and trusted transaction.

Currently we accept the following payment options:

  1. VISA
  2. Mastercard

Why Choose Visa and Mastercard?

  1. Global Recognition: Visa and Mastercard are globally accepted, allowing you to make transactions with ease, both locally and internationally.
  2. Security Assurance: Your financial security is our top priority. Visa and Mastercard employ state-of-the-art security measures to safeguard your personal and payment information.
  3. Effortless Transactions: With just a few clicks, you can complete your transaction swiftly and efficiently, saving you time and effort.

What About Future Payment Options?

We are continually exploring additional payment options to enhance your shopping experience. Stay tuned for updates as we strive to provide you with even more choices for a seamless and secure checkout.

Should you have any questions or concerns regarding our payment methods, feel free to reach out to our dedicated customer support team. Thank you for choosing ClozEnough, where luxury meets convenience.

12. GUESTS RISKS AND LIABILITIES 

11.1 The Guest shall assume the sole risk of the Item (ordinary wear and tear excepted) from the time that the Item is handed to the Guest until such time as the Item is returned to the Host, in accordance with the terms of this Agreement.

13. INCIDENT IN RELATION TO THE ITEM

12.1 If at any time the Item is involved in an incident, damaged, stolen and/or lost, the Guest shall take every reasonable precaution to safeguard the interest of the Host and ClozEnough, and failure to do so will result in the Guest being liable for Damages and/or Total Loss.

12.2 The Guest shall notify ClozEnough and/or the Host upon return of the Item of the occurrence of any incident or damage in relation thereto. In the event that the Item is stolen or lost, the Guest shall within twenty-four hours of the occurrence notify ClozEnough of such an incident, and shall, if requested by ClozEnough, cooperate with ClozEnough in reporting such an incident to the relevant authorities.

12.3 The Guest shall, if requested by ClozEnough, co-operate with ClozEnough and its insurer in any investigation, the making or instituting of any claim or action and the defence of any prosecution, claim or action relating to any accident, theft or damage. If the Guest is not the user, then, without in any way derogating from the Guest’s obligations in terms of this Agreement, the Guest shall procure that the user complies with the foregoing provisions and the Guest warrants that the user shall do so.

14. LIMITATION OF LIABILITY (DAMAGES/LOSS/THEFT)

13.1 The Guest shall check the Item directly upon delivery and shall concomitantly inform ClozEnough and/or the Host of any Damages to the Item immediately upon receiving the Item. In case the Item is accepted by the Guest and ClozEnough and/or the Host is not concomitantly informed of any Damages thereto, ClozEnough and the Host shall be considered as completely and irrevocably discharged and the Guest shall be considered as having accepted that the Item is in good condition.

13.2 Neither ClozEnough nor any of its directors, officers, employees, service providers or agents shall be liable for any loss or Damages, whether direct, indirect, consequential or otherwise arising from the rental by the Guest of the Item, including, without limitation, any defect in the Item (howsoever arising and of whatever nature) and whether such loss or Damages results from breach of contract or negligence or gross negligence or otherwise which may be suffered by the Guest, user and/or any third party.

13.3 In the event that an Item sustains damage while under the Guest's possession and care, attributable to wilful misconduct or gross negligence, the Guest shall be held fully responsible for all costs associated with the repair or replacement of the damaged Item, as outlined in the terms and conditions of the Rental Agreement. The Guest hereby acknowledges and agrees to indemnify the Host for any loss, damage, or expense incurred due to the repair or replacement of the Item. The method for calculating the Guest's indemnification shall be determined in accordance with the following criteria: 

  1. Natural Wear & Tear: In the event that the damage sustained by the Item is deemed to be the result of natural wear and tear, which encompasses but is not limited to the following specific cases: fabric wear out, color fading, minor and contained hem tear, embellishment imperfections, and threading, it shall be the sole responsibility of the Host to bear the full costs associated with any necessary repairs.
  2. Unusual and/or Major Wear & Tear: In the event that the damage sustained by the Item is classified as unusual and/or major wear and tear, which includes but is not limited to the following specific cases: unusual hem tear (uncontained), major embellishment imperfections, a third-party assessor appointed by ClozEnough shall evaluate the extent of the damage. The guest shall take responsibility for the full amount covering costs as determined by the appointed assessor.
  3. Damage / Loss or Theft: In the event that the damage to the Item is deemed to be irreparable, or if the Item is lost or stolen, a third-party assessor appointed by ClozEnough shall ascertain the Item's retail value. The Guest shall be held fully liable for covering costs up to twice the retail value of the Item, as determined by the appointed assessor.

15. LIMITATION OF LIABILITY (AUTHENTICITY)

14.1 Guests who suspect an Item to be counterfeit should report their concerns to the ClozEnough customer service team immediately. Guests are required to provide detailed information, photographs, or any other evidence that supports their suspicions. In the event that the Item is confirmed to be counterfeit, the Guest shall be entitled to a refund of rental costs and charges, without any further obligation or liability on the part of ClozEnough.

16. GENERAL

15.1 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 ClozEnough.

15.2 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.

15.3 No extension, latitude or other indulgence that may be given or are allowed by any party in respect of performance of any obligation hereunder, and no delay or forbearance in the enforcement of any party arising from this Agreement, and no single or partial exercise of any right of any party under this Agreement will in any circumstances be construed as implied consent or election by such party or operate as a waiver or a novation of or otherwise affect any party’s rights in terms of or arising from this Agreement or stop or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.

15.4 The Agreement shall be construed, enforced, governed, and controlled by and under the laws of the UAE.

15.5 Any disputes arising from the Agreement shall be finally settled by the courts of Dubai.