Terms of Service
Version 01.07.2023
I. AGREEMENT TO THE TERMS OF SERVICE
The Terms of Service (“Terms”) is between you (“you” or “your”) and On Cloud Nine SA (“OCN”, “we”, “our” or “us”) and governs your access and any use of the OCN Website accessible at https://oncloudnine.rent/ and operated by On Cloud Nine SA, Route de Chavannes 15a, 1007 Lausanne, Suisse, as well as any rentals, purchase or any related services (the “Services”) made through the Website or any other channel referred to in these Terms. Please review these Terms carefully; by accessing the Website and using any of the Services, including by creating an account, you agree to be bound by these Terms. These Terms are a legally binding contract between you and OCN. This agreement is binding between you and us as soon as you receive the confirmation for your account and logins from us; or access or use parts of our site that are not dependent on creating an account.
Any use of the Website by yourself or by an employee, agent or representative of a legal entity acting on behalf of such legal entity shall constitute acceptance of these Terms by such legal entity.
II. CHANGES
We reserve the right to modify these Terms at any time. You will be notified by all appropriate means (e-mail, notification when logging in, etc.). Any use of the Website subsequent to this notification shall constitute acceptance of the Terms of Use, as amended.
III. ACESSE TO THE WEBSITE
1. Terms of Access
1.1. Personal prerequisites. By using the Website or the Services, you confirm that you are at least 18 years old and, if you use the Website or the Services on behalf of a legal entity, that you have the right to do so.
1.2. Access. You will be solely responsible for the equipment and materials (computers, software, telecommunication equipment, etc.) required to access the Website, as well as for any telecommunication costs incurred as a result of their use.
To use the Services, you may be required to sign up for an account (your “Account”), select a password and username (your “OCN User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and up-to-date information, and to maintain and update such information. You may not select as your OCN User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. We may reject, or require that you change, any OCN User ID, password or other information that you provide to us in registering for an Account. You may not transfer your Account to anyone else without our prior written permission. You may only register one Account per Person.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services operated by third parties (each, a “Third Party Account”), such as those offered by Google and Facebook. By using the Services through a Third Party Account, you authorize us to access information from such Third Party Account for use in connection with the Services.
You may only use the Services and Products made available to you for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by these Terms or any Additional Terms or applicable laws, then you are not authorized to use the Services or Products. You are solely responsible for any use by you of any Services or Products in violation of these Terms, any Additional Terms, or applicable law.
You may not share your Account (including your OCN User ID or password) with anyone, and you must protect the security of your Account (including your OCN User ID and password) and any other access tools or credentials. You’re solely responsible for any activity associated with your Account, including all charges incurred from use of the Services with your Account.
2. Intellectual property
2.1. Title to IP. All intellectual property rights to the Website, the Services and the Content accessible through the Website (the Content) are the exclusive property of OCN and our licensors. The provision of such rights by OCN does not entail the assignment of any intellectual property rights or the grant of any rights of use other than the licence granted in accordance with Article 2.2 below.
2.2. Licence. Subject to compliance with these Terms, and to the extent specified therein, you are granted a revocable, non-exclusive, non-transferable and non-assignable licence to access the Website and use the Content for your personal use, only to the extent necessary for the use of the Services.
3. Restriction of use
3.1. Restrictions. It is strictly forbidden: (i) to use and/or access the Website for purposes other than those provided for in these Terms; (ii) to copy, reproduce, modify, adapt or alter the Website, the Services and/or the Content; (iii) to create derivative works thereof; (iv) to access or attempt to access the source code of the Website using decompilation, reverse engineering or any other means; (v) to allow third parties to utilise all or part of the Website, Services or Content as to which access is restricted.
3.2. Obligations. By using the Website, you undertake to comply with all applicable laws, not to use the Website for any unlawful purpose, not to include any false, incomplete or inaccurate information, or to introduce any viruses, Trojan horses, greens, time bombs or other programs designed to damage, cause adverse effects, intercept or counteract any system, data or personal information.
3.3. Non-compliance. Without limiting the rights otherwise provided under these Terms, in the event of non-compliance with these Terms, we reserve the right to refuse you access to the Website or to refuse to provide the Services and Products.
We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer Account, payment card, or billing or shipping address. We reserve the right to limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional Terms.
4. Amendment and suspension
4.1. We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Website or any Service, with or without notice, without incurring any liability.
5. No warranty
5.1. Principle. You access and use the Website at your sole risk. The Website, the Services and the Content shall be provided as is and as available. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, quality or availability of the Website, Services or Content.
5.2. Exclusion of warranty. We make no warranty, express or implied, commitment or representation that (i) the Website will meet your needs, (ii) the use of the Website will be uninterrupted, secure or error-free, (iii) the information and Content available on the Website will be current, accurate, true or complete, (iv) the Services and results that may be obtained from the use of the Website will be accurate or reliable or (v) the Website will be updated and any errors in Content will be corrected.
5.3. Downloads. Any document or Content downloaded or obtained through the use of the Website is at your own risk and you will be solely responsible for any damage to your computer system or loss of data resulting from such downloads.
5.4. Internet. The use of the Internet involves risks, in particular that data transmitted may be intercepted, altered or destroyed. Furthermore, ordinary emails sent via the internet are neither confidential nor secure and may be read by third parties, lost, intercepted or altered. Emails cross borders, even if the sender and the recipient are located in the same country. Emails may be infected with viruses. The opening of emails from unknown sources and unexpected attachments in emails should generally be avoided. In order to combat viruses, we recommend that you use the latest versions of your browser and install up-to-date anti-virus software. By using the Website or the Services, you accept such risks and we disclaim all liability in this regard, including for any manipulation of a computer system by you, your representatives or unauthorised third parties.
VI. PRODUCT & SERVICES
The order and rental of the Products shall be subject to the terms of this Section IV (in addition to the other parts of these Terms), in such version as is in force at the time of ordering the Products and shall comply with any instructions that we may, as appropriate, communicate to you by any appropriate means.
6. The Bags
6.1. All bags offered on our site are in new or pre-owned condition. Any signs of wear and tear on vintage items are described and photographed in the relevant product listing on the Site.
6.2 Maintenance. All our bags are specially cleaned and maintained after each time they have been used by OCN members.
6.3. Authenticity. All our bags are 100% genuine and are certified by external authentication services. All our bags are forensically marked and checked for authenticity each time they enter and leave the business. We will, using photography and video, record the condition of the bag each time it enters and leaves the business. This will be kept on our records and used as a comparison of condition and as kept as evidence.
7. Products and Prices
7.1. Presentation. The Website describes the Products as precisely as possible. The images displayed on the Website are indicative only, may differ from the final Product and have no binding contractual effect. We reserve the right to modify or waive fees required to use certain parts of the Services. You are solely responsible for: (i) the fee for any Paid Services that you order and that are not cancelled in accordance with our cancellation policy, (ii) the price of any Products that are not returned in accordance with our policies, and (iii) any late fees accrued by you due to late or lost items.
7.2. Availability. Products are available within the limits of stocks. OCN may impose quantitative restrictions.
7.3. Price. Unless otherwise stated, the prices displayed on the Website are in Swiss francs (CHF), including VAT. Prices may be displayed in foreign currencies based on the daily conversion rate, but payments shall be debited in Swiss francs. The prices indicated on the Website at the time of the order shall apply. We reserve the right to change the price of the Products at any time.
7.4. Charges and costs. If you rent a Product through our Service, the rental fee (“Rental Fee”) will include rental coverage charges and shipping and delivery charges (as applicable) listed on the Service for your rental of the applicable Product, and you authorize us (or our third-party payment processor) to charge your Payment Method (as defined below) the Rental Fee. Any additional cost will be indicated at the payment stage of the order.
8. The Service
8.1 Rental. We make the bags available to you on a sale and return basis. During the rental period, the hirer is solely responsible for the product.
8.2 Ordering. By clicking on the “Pay Now” button, you are submitting your order. By making your request, you accept these OCN General Terms and Conditions.
8.3 Confirmation. If the payment method is accepted, OCN will take your order and check the availability of the product ordered. If it is available, a confirmation e-mail will be sent to you. If the product ordered is not available or if your order cannot be accepted for any other reason, you will be informed by e-mail and will no longer be bound by your order. A contract for the sale of the product is not concluded until OCN confirms your order.
8.4 Return of goods. By ordering a bag, you agree to return it to us as agreed during the period of temporary ownership, failing which we reserve the right to charge you a late fee in accordance with these conditions. Late fees are charged at a rate of CHF 15 per working day. Bags not returned after 30 days will be considered stolen and the member will be charged the full value of the bag plus 8% interest.
8.5 Cancellation. You may only cancel if the bag has not yet been handed over for delivery. Once the bag is in the hands of the carrier, you can no longer cancel your rental and your order. No refunds will be given once the rental bag has left with the carrier.
8.6 Changes by OCN. There may be occasions when we have to refuse, reject or cancel an order after it has been confirmed for any reasonable reason. In such cases, you will be notified of the delivery of a partial order or the cancellation of your order. If you have already paid for certain products, we will refund the full amount of the products concerned and any delivery charges invoiced as soon as possible. We may also refuse an order if there is a dispute over payment for previous orders or if OCN suspects that an order has not been placed in good faith.
9. Means of payment
9.1. Payment. Payment for the Products may be made by credit card only.
10. Withdrawal period
10.1. You have a period of 14 (fourteen) clear days from the day after the order is placed to exercise his right of withdrawal without having to justify his reasons or pay any penalties. the period starts at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period. if this 14-day period expires on a sunday or public holiday, it is extended until the first following working day.
11. Delivery and verification
11.1. Delivery. Products which are the subject of a validated order shall be delivered to the address specified in the order by Swiss Post for deliveries in Switzerland (package against signature). We reserve the right to contact you for further information regarding your order and delivery. If the rental begins before the expiry of the 14 (fourteen) day period, provided that (i) the hirer has expressly consented to the performance of the service before the expiry of the said period, and (ii) the hirer has expressly waived his or her right of withdrawal.
11.2. Transfer of risks. Transport risks and costs shall be fully borne by you and you acknowledge that OCN bears no risk of loss, theft, delay or any other damage in connection with the delivery of your order.
12. Return and swap of bags
12.1 You must return the original Bag to OCN in secure packaging suitable for transportation, including but not limited to: sturdy cardboard, tape, protective packaging, if necessary. You undertake to return the bag by the same carrier by which it was delivered.
12.2 The bag must be returned in its original packaging, accompanied by the returns label. All products indicated on the delivery note will be checked on return.
12.3 The bag must be returned on the last day of the rental period indicated. The return date is the date indicated on the postmark.
12.4 Failure to return. If you fail to return a bag by a pre-agreed date, we reserve the right to charge you a late fee of CHF 15 per working day until the bag is returned in accordance with clause 8.4. Bags that have not been returned after 4 weeks may be deemed not to have been returned and the member will be liable to pay the full value of the bag. In addition to the late fee, interest of 8% will be charged on the UVP value of bags in a member’s possession. If you have requested the exchange of a bag, we will not send you the next bag until you have received the original bag in a satisfactory condition. If a bag is not returned or a new period of temporary possession is not agreed within 30 days of the expiry of the original period, OCN will treat the product as not having been returned and will, in addition to any late charges, commence recovery proceedings for the full value of the bag(s) in its possession together with any charges due, which may result in additional legal costs for which the member may be liable.
12.5. Damage and repairs. We charge a service fee of CHF 600 for all items that have to be repaired after being damaged. This also applies to returns that require complete cleaning.
12.6. Loss or damage. For lost or damaged bags that cannot be repaired, we will charge the cost of a new replacement bag for the lost bag. If no replacement bag is available, the original price will be charged. If the price of a particular handbag has increased since the date of purchase, the Member will be charged for the replacement at the current market value, which corresponds to the condition and quality of the bag at the time the bag was sent to the Member.
12.7. If you fail to return a bag to us, we will charge you for the cost of that bag together with any late, missed collection or other charges due up to the date of collection of the bag. You will remain liable for these charges until you have returned the Bag and paid any outstanding charges in accordance with clause 12.4.
V. DAMAGE, LOSS, THEFT AND COUNTERFEIT
13. Damage
13.1. Definition of damage. You agree to take all precautions to avoid theft, loss or damage of a bag during a Temporary Ownership Period including, but not limited to, avoiding exposing the bag to the following as these are not considered normal wear and tear:
– Makeup
– Moisture
– Liquids
– Inks (including but not limited to, pens, markers, etc)
– Paints
– Sharp objects
– Dirt or grime
– Grease
– Oil
– Perfume
– Food
– Strong variations in temperature
– Excessive sunlight
– Humidity
– Impact/shock
13.2. Damage. Damage to a bag which includes the following list will be charged to the member as laid out in Clause 11.1:
– Stained, marked or damaged interiors or exteriors;
– Ripped leather or exteriors from scraping against a sharp object;
– Ripped or scrapped interiors from cleaning, sharp objects or excessive force;
– Excessive damage to corners or bottom of bag outside of normal wear and tear, due to scuffing on the floor etc;
– Excessive force, stretching, squeezing or squashing the bag so that it loses its shape beyond what is considered normal and reasonable;
– Unreasonable and excessive damage to straps, chains or zips that cannot be considered normal wear or manufacturing defaults.
13.3. Normal wear and tear. You will not be held responsible for any damage we class as normal wear and tear which includes:
– Natural signs of over-time discolouration;
– Natural signs of wear on metal and hardware; and
– Replacement of simple removable parts e.g zips and hooks, should these be considered manufacturing faults or arising from normal usage.
13.4. Liability for damage. If you return a bag with major damage or damage beyond normal wear and tear, you agree that you are liable for:
– Any repairs or cleaning the bag requires to return it back to its original condition or a new for old replacement (see clause 4.16 for details on how this will be charged); and,
– All administrative and delivery costs we incur from the bag being repaired or replaced
Failure to return a bag with all of the elements that it was sent out with is considered damage and will be treated as such. If a bag is returned with elements missing, the member could be charged for the cost of replacing the element if this is possible, or the cost of replacing the full bag. This includes, but is not limited to, failure to return the following items:
– Chains
– Straps
– Pouches
– Keys, charms, accessories
– Return of damaged bags. If you return a bag with damage which is not considered to be normal wear and tear, we:
– Will notify you by email within two working days;
– Reserve the right to put you and any orders for subsequent bags on hold until the issue has been resolved;
– Will request a quote for the repair which can take up to one week, although we will endeavour to get this to you sooner;
– Will be in touch within two working days once we have received the quote back from our external supplier with a final quote;
– Reserve the right to charge the full amount of the final quote to your registered payment and/or your Holding Fee, or request that you pay this charge through an alternative method.
Failure to pay for damage on a bag when requested will result in your membership being cancelled and legal action could be taken to recover the associated costs. Legal action being taken could affect your credit rating.
14. Loss, theft and counterfeit
14.1. Loss, Theft and Counterfeit. Each bag will be documented, by video or photo evidence, each time it enters and leaves the business to track its condition and authenticity. In case of loss, theft or any damage during the Temporary Ownership Period, you are required to:
– Contact OCN immediately through fiona@oncloudnine.ch;
– Notify the relevant authorities of suspected theft or loss;
– Take dated evidence of any damage, loss or theft in the case of any of these occurrences.
We will conduct an investigation into any counterfeit, lost or stolen bags and may: inform the relevant authorities; report the bag(s) as stolen; and take steps to recover the monies for the goods.
You agree that if you return a counterfeit bag to us in the place of the original bag we sent to you, we will:
– Consider the bag to be stolen;
– Take steps to recover the monies for the goods from you; and
– Notify the relevant authorities.
VI. RISK, OWNERSHIP AND INSURANCE
15. Risk, Ownership and Insurance
15.1. Ownership and delivery. The bags remain the property of OCN. The bag hire period begins when the bag delivery is signed for by you or your representative and ends when the bag is collected and scanned by the courier on its return to us. OCN offers a signature service for delivery. If you choose not to have the Baggage delivered by signature (for example, “to a safe place or neighbour”), responsibility for the bag passes to you in the same way as for delivery by signature.
15.2. Risk and liability. During the rental period, the risk and responsibility for the bag are immediately transferred to you. If a bag is lost, stolen or damaged during the rental period, you are responsible for the costs covering and associated with the restoration or replacement of the bag. You agree to take care, during the rental period, of the bag we send to you, so that it is returned to us in the same condition in which we sent it to you.
15.3. Insurance. OCN does not offer insurance cover during the Rental Period. OCN takes no responsibility for your insurance or the extent of your coverage. The Rental Period ends when the bag is delivered to OCN.
15.4. Limitation of liability. The agreement between you and OCN for the Service entitles you to use a bag for your personal use only. You agree that you will not do the following with a bag in your possession:
– resell;
– loan out;
– allow another person to use;
– use the bag for any commercial or professional use unless pre-agreed with OCN
We only supply the Products for private use. If you use the Products for any business purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Nothing in these Terms limits a consumer’s statutory rights.
If you are dissatisfied with the Service, the Site, or these Terms, your only remedy under these Terms shall be to terminate the Service and return our goods and to discontinue your use of the Site. Without limiting the preceding sentence, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
VII. BAG DEPOSIT
16. Deposit
16.1. You can rent your bag via OCN, by temporarily deposit the bag at OCN for rental purposes.
16.2. If you deposit a bag at OCN, this bag will be put to rental, and you will get a commission for each rental of your bag. The commission is calculated based on the valuation of your bag and will be submitted in an offer.
16.3. By submitting a request for a quote via OCN, you agree to create an account on the Site. By submitting a request for a quote via OCN, you guarantee:
– The accuracy and completeness of all information contained in your submission;
– That you have the legal right to submit the bag for sale;
– That the bag is authentic and not counterfeit;
– The bag is in a clean and hygienic condition, free from soiling and infestations.
16.4. In order to evaluate the bag and make you an offer, we will ask for you to send your bag to OCN. OCN will send you a shipping label, and you can deposit your package at any Swiss Post office.
16.5.Packaging. It is your responsibility to package the bag for sale securely for transit including, but not limited to, protective outer packaging and secure seals to avoid damage or risk of tampering en route. We are not responsible for your bag during the transfer from your home to our offices.
16.6. Authenticity. All bags submitted for rental are subject to both digital and physical approval by OCN. OCN is under no obligation to temporarily take any bag submitted for rental. OCN will manually inspect each bag to assess condition, authenticity and any undeclared damage. If the bag does not conform with the submission details including but not limited to; condition, colour and size, OCN reserves the right to either:
– Reject the bag and return it to you;
– Update the valuation of the bag to reflect the change of condition.
– The authenticity of a bag is determined by OC OCN will validate the authenticity of a bag through methods at their discretion including but not limited to, in-house expert knowledge, technology based authentication solutions (Entrupy) and additional third party experts brands do not guarantee the authenticity of our purchased or rented goods.
16.7. Inspection. If OCN determines that a bag is not an authentic product, it will immediately:
– Discontinue with the sale and purchase;
– Comply with any relevant legal requirements surrounding counterfeit products; and
– Assist the relevant authorities with any investigation into counterfeit products.
16.8. Offer. Once a bag has been inspected and deemed to conform with the original submission details, OCN will send an email with an offer. You have the option to accept or reject any offer made by OCN. If you do not respond to an offer within fourteen business days, your offer will elapse. If your offer has lapsed, any future conversations or negotiations around price will be based on a new valuation of the bag at the time which may differ from the original offer. If both parties agree to the offer, the bag will be put on the website. If not, the bag will be sent back to you at OCN expense.
16.9. Payment. You’ll receive your commission every end of Month, with the total due.Any transfer of cash pursuant to the purchase of a bag will be made on the last working day of the month that the bag was received physically and approved by OCN. Any transfer of cash will be made by bank transfer in the name of the selling party only.
16.10. Duration. Your bag will be put for 6 months on rent. 2 months before you can either decide to take you bag back or put it up to rent for another 6 months. If during the 6 months you need for a certain amount of time your bag, you can write us at fiona@oncloudnine.ch
16.11. Damage, loss and theft. The bags being rented will have normal wear and tear, which is to be expected. If the bag has serious damage, the amount to repair it will be calculated and restored to you. In case of non-repairable damage, theft or loss you will be fully restituted on the bag. The amount due is the value of the bag at the moment of entering our care.
VIII. PRIVACY AND DATA PROTECTION
17.1. Our policy is to respect and protect the privacy of anyone who visits the Site. Please see our Privacy Notice for further details of how we treat your personal data and your rights in relation to such treatment.