Skip to content

GTC

General Terms and Conditions for the Rental of Designer Handbags and Designer Accessories

1 Scope of application

The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between Baxie GmbH, with registered office at Asylstrasse 2, 9410 Heiden (hereinafter referred to as the “Lessor”) and the customer (hereinafter referred to as the “Customer”) for the rental of the products listed on the website www.baxie.ch (hereinafter referred to as the “Website”) offers designer handbags and designer accessories (hereinafter referred to as “Items”).

Individual agreements concluded with the customer shall take precedence over these GTC. Conflicting conditions of the customer are not recognized.

By accepting the GTC, the customer agrees to the following terms and conditions and declares that he/she is authorized to conclude legally binding contracts and is at least 18 years old.

The Lessor reserves the right to amend these GTC at any time. All changes become effective with the publication of the new GTC on the website.

2 Services offered

The lessor operates the online rental of items (designer handbags and designer accessories). The authenticity of all items is guaranteed by the lessor. The lessor rents the items in the condition in which they are located at the lessor’s premises. Both new and used items are on offer. Certain items therefore show signs of wear. In any case, the Lessor shall provide the items in a condition suitable for use in accordance with the contract.

The items can be rented for a period of two, three or four months (hereinafter referred to as the “rental period”). The customer determines the rental period. The prerequisite is that the item is available for the rental period requested by the customer.

The rent (remuneration) for the rental is published in Swiss francs (CHF) on the Lessor’s website.

The Lessor shall endeavor to carry out the delivery on the delivery date requested by the customer. The date of delivery corresponds to the date on which the tenancy begins.

The landlord reserves the right to change the services offered at any time.

3 Conclusion of contract

The items are offered for rent on the landlord’s website. The presentation of the articles is for information purposes only and does not constitute a binding offer to conclude a rental agreement. Details such as design, model, color and photos are available for each item. The Lessor offers no guarantee for the completeness and accuracy of this information, unless this has been explicitly assured to the customer in writing.

To rent an item, the customer registers on the website. They can either create a user account and log in or log in directly via Facebook or Google. After registration, the customer is given the opportunity to bindingly request and pay for an item for hire, subject to availability, at the applicable price published on the website. The Lessor reserves the right to refuse such a request without giving reasons.

A binding contract is concluded with the written e-mail confirmation (order confirmation) by the lessor after payment has been made. A completed order can no longer be canceled by the customer.

The customer has no right to register and conclude a rental contract.

If the items selected by the customer are not available, the lessor may refuse to conclude the contract. It informs the customer by e-mail.

4 Contractual obligations of the landlord

The lessor is obliged to send the items ordered by the customer to the address specified by the customer and to make them available for use. The Lessor shall endeavor to take the Customer’s delivery requests into account, but cannot guarantee that a specific item will be available at a specific time or for a specific period of time.

5 Obligations of the customer to cooperate

The customer shall ensure that all necessary cooperation services are provided on time, in full and free of charge for the lessor.

The customer is obliged to provide the lessor with all necessary information and documents in good time and correctly. The customer is solely responsible for the factual accuracy and completeness of this required information. At the request of the Lessor, the Customer shall confirm in writing the accuracy and completeness of the documents submitted by him as well as his information and verbal statements. The customer is obliged to inform the lessor immediately of any changes to the information provided at the time of registration (address, credit card, etc.).

For the duration of the rental contract, the customer is obliged to handle the rented item properly and carefully and to use it with care. In particular, he is obliged to protect the item from damage and soiling. Items such as make-up or pens that are likely to soil or damage designer handbags and designer accessories must be stored by the customer in the accessories provided for this purpose (waterproof cosmetics bag). This is provided by the landlord.

The customer is obliged to use the item carefully and appropriately. In particular, it is obliged to

  • to use the article in accordance with the enclosed care instructions and in particular to store liquids and writing materials in the waterproof cosmetic bag (accessory) provided for this purpose;
  • to inform the Lessor immediately of any soiling or damage to the item that goes beyond normal wear and tear via the “Baxie Care” customer service;
  • to inform the Lessor immediately of the loss of an item via the “Baxie Care” customer service; and
  • in the event of loss due to theft, to notify the local police immediately and to inform the lessor via the “Baxie Care” customer service and provide her with a copy of the police report.

The customer is not entitled to make changes, labeling or painting on the item or to change the appearance of the item in any other way. The customer is not entitled to sell, pledge, assign as security, lend, rent or otherwise transfer the item to a third party for use.

If the customer does not comply with his duty to cooperate, he shall bear the consequences of such a breach of duty. The resulting costs shall be charged in full to the customer and any additional expenses incurred shall be compensated by the customer. He is fully liable for the damage incurred.

6 Shipping

The items are shipped by the lessor via DHL and include prepaid outward and return packaging for shipping. The shipping costs are included in the price published on the website.

The rental is offered by the lessor exclusively within Switzerland.

The Lessor has no influence on delays or failures in the shipping route, which is why no compensation can be claimed by the customer. If a parcel is missing, the customer must inform the Lessor immediately so that a tracking request can be initiated.

The delivery periods stated by the Lessor are merely indicative. Time deviations are possible and the Lessor is entitled to deliver even after the specified delivery periods have expired. The customer is not entitled to refuse acceptance of a delivery due to delays in delivery.

7 Involvement of third parties

The Lessor shall be entitled to call in third parties at its own discretion. In this case, the landlord shall ensure that the third party complies with its contractual obligations. It is obliged to deploy properly trained third parties with the necessary specialist knowledge and to supervise and monitor them on an ongoing basis during the execution of the order. Disclosure of the involvement of third parties to the customer is not required.

8 Remuneration and expenses

The rental fee or remuneration depends on the item selected by the customer and the rental period. The rent is determined according to the prices stated on the website. All prices are quoted in Swiss francs (CHF) and include packaging costs, shipping and return postage, statutory VAT and other price components. No other currency is accepted. The prices listed on the website apply exclusively to orders placed in the online store.

The landlady reserves the right to change her prices at any time.

9 Terms of payment

The customer must pay the first rental fee when requesting the item on the day of ordering. The remaining rent must be paid monthly in the following months at the latest on the day bearing the same number as the day of the order. If the corresponding day is missing, payment must be made on the last day of the month at the latest.

Payments are processed via the payment provider “WooCommerce Payments”. The lessor reserves the right not to rent out the item even after successful payment. In this case, the amount will be refunded in full. Cash payment of the amount is excluded.

10 Default of payment

Payment shall be deemed to have been received on the day the money is received by the Lessor or credited to its bank account.

If payment is not made on time, the customer shall be in default. The landlord sends a reminder free of charge with a grace period of 30 days. CHF 10 will be charged for each subsequent reminder. In addition, the Lessor reserves the right to charge 5% interest on arrears p.a., compensation for further damages and any procedural costs and fees (including for debt collection). The Lessor is also entitled to retain the undelivered goods and to suspend further services until payment has been received. It is also entitled to withdraw from the contract.

If an item is already with the customer and the customer is in default, the lessor is entitled to reclaim the item together with accessories and the original shipping box at any time. In this case, the rent is owed pro rata until the item is actually returned. Instead of returning the item, the Lessor may assert a claim for damages per item in the amount of the replacement value, i.e. up to a maximum of the new price.

The Lessor is entitled to offset all claims against the securities provided. If the customer falls into arrears or if the Lessor may assume that the customer will not meet his payment obligations in the future, the Lessor shall be entitled to demand advance payment or additional security.

11 Property

The item remains the property of the lessor for the entire rental period.

12 Damage and loss

The customer is fully liable for the ordered item during the entire rental period. He is responsible for gross damage and loss. He is liable up to the new price of the item, irrespective of his fault.

In particular, soiling of the interior, tearing of a handle or complete destruction of the item shall be deemed to be gross damage. However, the customer shall not be liable for normal wear and tear.

Should any gross damage occur to the item during the rental period that is outside the normal wear and tear caused by use, this must be reported to the lessor immediately via the contact form (Baxie Care) on the website. Defective components must also be returned to the landlord upon termination of the contract. In the event of loss of the item, the lessor must also be informed immediately via the contact form on the website.

If the bag is handed over to a third party, the customer shall be liable for the third party’s conduct as his own and shall be fully liable to the lessor for any resulting gross damage and loss.

13 Liability and warranty

Any liability of the Lessor towards the Customer for any kind of contractual and/or non-contractual personal injury and/or damage to property, including liability for indirect and/or consequential damage, loss of profit and consequential damage caused by defects, is expressly excluded. Liability for unlawful intent or gross negligence within the meaning of Art. 100 para. 1 OR. Liability shall not apply in any case if the customer is at fault. The Lessor accepts no responsibility for errors that are beyond its control. In particular, it is not liable for the services of third parties.

The lessor guarantees the authenticity of the items. It rents out the items in the condition shown on the website. The items are either new or used with signs of wear. In any case, the Lessor shall hand over the item in a condition suitable for use in accordance with the contract. Furthermore, the customer has no claim to a specific condition of the bags.

The customer shall check immediately upon receipt of the item whether it is in a condition suitable for use in accordance with the contract. If an item is defective, the customer must notify the lessor immediately upon receipt of the item. A message by e-mail is sufficient. The Lessor is entitled to request photos of the relevant item from the Customer. Unless otherwise agreed, the customer shall be entitled to the statutory warranty rights. Failure to comply with the above notification obligation shall exclude any warranty claims against the Lessor. If the item is defective or lacks warranted characteristics, the warranty shall be provided exclusively in the form of a replacement delivery. In this case, the lessor shall provide the customer with an equivalent replacement product. Further claims by the tenant are excluded, unless the replacement delivery fails after a reasonable period of time. In this case, the customer may choose to demand a reduction in the rent or remuneration or rescission of the contract.

Any damage and/or soiling of the item that was present at the time of handover must be reported to the lessor immediately.

14 Force majeure

In the event of force majeure, i.e. the occurrence of events beyond the Lessor’s control (such as unforeseeable major operational disruptions, pandemics, natural disasters, accidents, labor disputes, natural disasters, acts of war, political unrest, unforeseen official or legal requirements, major power failures, transport difficulties), which significantly impair or make it impossible to perform the service, the Lessor shall notify the Customer immediately. It shall be entitled to postpone the fulfillment of its service to the extent of the duration of the hindrance and a reasonable start-up time. It must resume the provision of services immediately as soon as the event in question ceases to apply. The parties shall endeavor in good faith to reduce the effects of a force majeure event as far as possible.

The Lessor shall not be liable for damage caused by force majeure which could not have been averted despite exercising the usual care.

15 Insurance

The Lessor’s insurance shall only cover transport damage. Losses due to theft are only covered by the insurance if the theft has been reported to the police. Damage to or soiling of the items will not be covered by the insurance.

  1. Termination of the contract and return of the item

The rental agreement ends at the end of the agreed rental period. The customer is obliged to return the item, including accessories and original shipping box, to the lessor on time, complete and in good condition. The customer must return the item in the condition in which he received it from the lessor.

The deadline is deemed to be met if the item was handed over to the post office on the last day of the rental period. The customer must ensure that the timeliness of the return shipment is adequately documented. The date of posting, which can be checked using the tracking number, is usually sufficient. If the customer uses his own shipping label, he is responsible for providing proof of timely return.

The rental period is automatically extended by a further rental period of one month if the item is not returned on time. In this case, the customer is obliged to pay the landlord the rent for a further full month. This also applies for each additional month in which the item has not been returned. The lessor is entitled to reclaim the item at any time despite automatic renewal. In this case, the rent is owed pro rata until the effective return.

If the customer does not return items, accessories and original shipping box to the lessor or does not return them on time and the lessor has unsuccessfully set a reasonable grace period for the return shipment, the lessor is entitled to demand payment of the following contractual penalties from the customer:

  • Article: New price in CHF;
  • Accessories: CHF 300;
  • Carrying strap/shoulder strap/shoulder strap: CHF 300.-;
  • Dust bag: CHF 50;
  • Original shipping box: CHF 20;

The contract can be terminated at any time for good cause with immediate effect. Good cause is any circumstance that makes it unreasonable in good faith for the terminating party to adhere to the contract, in particular the opening of bankruptcy, composition or similar proceedings against a party. The termination must be in writing to be effective.

Upon termination of the contract, all unpaid remuneration and expenses are due immediately.

15 Data protection

The parties undertake to comply with the provisions of Swiss data protection legislation and to effectively protect the data generated in the course of the execution of the contract against unauthorized access by third parties. The privacy policy is available at the following link: https://baxie.ch/datenschutzerklaerung/.

16 Severability clause

Should one of the provisions of these GTC be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded as far as possible. The same applies to any loopholes in these GTC.

17 Applicable law and place of jurisdiction

These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Convention).

Insofar as no mandatory statutory provisions take precedence, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the place of residence or registered office of one of the parties for actions brought by the customer and the place of residence of the defendant for actions brought by the lessor.

Status: April 2024