LAST UPDATED: August 03 2021
ABOUT THESE TERMS
Welcome to MONSAC! This Terms of Service agreement (“Terms”) is between you (“you” or “your”) and MONSAC, (“we,” “our,” “us,” or “MONSAC”), and governs your access our services, including MONSAC’s product rental service (the “Services”).
Please review these Terms carefully; by joining MONSAC as a memberyou acknowledge that you have read, understood, and agreed to be bound by these Terms. We recommend that you print and retain a copy for your reference.
These Terms are a legally binding contract between you and MONSAC. By accepting these Terms, you represent that you are an individual of legal age to form a binding contract and resident in Switzerland. Your access to and use of the Services in any way also means that you agree to all of these Terms, and these Terms will remain in effect while you access or use the Services.
The Services are controlled and operated from Switzerland. You may not use the Services to rent or Products outside of Switzerland.
We may, at any time and without liability, suspend, modify, or discontinue all or part of the Services. We encourage you to check our Site periodically for the most current Service offerings.MONSAC will have no liability for any change in the Services, or any suspension or termination of your access to Services.
We also reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site. The “Last Updated” legend above indicates when these Terms were last changed. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. If you don’t agree with the new Terms, you may no longer access or use the Services.
ABOUT OUR SERVICES
How to Access MONSAC Services
To use the Services, you may be required to sign up for an account and provide us with certain information or data, including your contact information and a photocopy of a valid Government Identity Document. You promise to provide us with accurate, complete, and up-to-date information, and to maintain and update such information. You may not transfer your Account to anyone else without our prior written permission.
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.
You may not share your Account (including your MONSAC User ID or password) with anyone, and you must protect the security of your Account (including your MONSAC User ID and password) and any other access tools or credentials.
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.
We will charge you to access and use certain parts of the Services (the “Membership Services”). 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 Membership Services that you order and that are not cancelled in accordance with our cancellation policy, (ii) any late fees accrued by you due to late or lost items.
Please note that any pricing, fees, and payment terms presented to you in the process of using or signing up for a Membership Service are deemed part of these Terms.
If you purchase a Membership Service, the subscription fee (“Subscription Fee”) will be the then-current applicable subscription rate (including all applicable taxes and fees) listed on the Membership Service on the date that you sign up for such Membership Service; provided that, if your Membership Service is based on a promotional rate, you will be charged a fee equal to the promotional rate for the duration of the promotion, and, after the expiration of the applicable promotion, you will be charged the applicable rate on a recurring monthly basis, and you authorize us (or our third-party payment processor) to charge your Payment Method (as defined below) the monthly Subscription Fee on a recurring monthly basis. For information on the applicable fees, including any applicable discounts and rental coverage charges listed during the check-out process, please see the “Membership” section of our Site. MONSAC reserves the right to alter the Subscription Fee, availability of certain Membership Services, or availability of any particular item at its discretion and without notice.
If you do not return a rented Product by the Product Return Date (see the “Returns and Lost Items” section below), you hereby authorize us (or our third-party payment processor) to charge your Payment Method non-refundable late fees for the days that we do not receive every Product that comprises such order, up to the full Original Retail or Comparable Current Market Value of the Products (the “Maximum Late Fee”). The Late Fee is a charge of 5 CHF per day.
You may not keep, sell, or transfer (other than to us) any MONSAC-branded Products, dustbags, or boxes (“MONSAC Packaging”) that we provide to you. If the MONSAC Packaging is not returned prior to the earlier of (i) sixty (60) days after the return of the associated Product or (ii) the termination, cancellation, or expiration of your Account or Paid Services, you hereby authorize us (or our third-party payment processor) to charge your Payment Method a non-refundable non-return fee of 20 CHF.
Other Terms Related to Products and Services
Use of the Products
You agree to treat the Products with great care. The Membership Service provided by us covers normal wear and tear, but you are responsible for any loss, destruction, or beyond normal wear and tear damage to the Products for any reason, including due to theft, loss, mysterious disappearance, fire, major stains, or any other cause.
“Normal wear and tear” means product deteriorations that can reasonably be expected to occur during regular use of the product while exercising care and includes manufacturing defects, normal fading or discoloration or scratching on metal hardware, or stuck zippers.
If you return a Product that is damaged beyond normal wear and tear, then you hereby authorize us (or our third-party payment processor) to charge your Payment Method for the price for repairing or replacing the Product, as determined in our discretion, up to the Current New Product Retail or, for vintage items the Comparable Market Value price for the Product.
“Beyond Normal Wear and Tear” includes stains (from makeup or nail polish, food & drink, ink, perfume, oils, or abnormal levels of dirt such as leaving the Product on the floor), scratches or tears from sharp objects, and excessive stretching or squeezing so as to deform the shape of the Product.
Product and Service Descriptions
We may provide descriptions, or images of Products that are available but we do not warrant that the Product listings, descriptions, or images are accurate, complete, current, or error-free, or that any Products will be available, even if noted as so on our Services. Such information and the availability of any Product are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. The prices displayed for Products and Services are quoted in Swiss Francs, unless otherwise indicated. Prices and availability for Products on our Website are not confirmed until the confirmation email for rental of each Product is shared. If the Product is no longer available, we will contact you for instructions before shipping or cancel your order and notify you of such cancellation. The availability through the Services of any listing, description, or image of a Product does not imply our endorsement of such Product or any affiliation with the manufacturer, seller, or provider of such Product.
You must provide us with accurate shipping information, so that we can timely deliver Products to you. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, you are solely responsible for any resulting loss, theft, or damage to the Products. Following delivery to the designated address, you will be solely responsible for the condition of each Product until you return such Product to the Swiss Post office with the valid return label as provided to you.
Returns and Lost Items
Returning Rented Products: You agree to return each Product to MONSAC by the return date for such Product identified in your confirmation email and physical rental slip contained in the rental box, the “Product Return Date”. We may, but are not required to, permit you to extend your rental period for a Product. Products not returned for 1 month following the return date without an agreed exception will be subject to the Late Fee charge (described above). After 1 month, the item will be considered a Failure to Return. Failure to Return a Product is a violation of our Terms, and we may terminate your Account and you hereby authorize us (or our third-party payment processor) to charge your Payment Method for the price replacing the Product, as determined in our discretion, up to the Current New Product Retail or, for vintage item, the Comparable Market Value price for the Product.
Returning by Mail: If you use the Return Packaging that we provide, you must use the shipping carrier (Swiss Post) specified on the pre-paid shipping label included with the Return Packaging. MONSAC will not be responsible for loss, theft, or damage to Products that are shipped back to us using any carrier other than the carrier that is specified on our Return Packaging and/or the return label provided for the return of a purchased product (“Return Label”), or for any fees or expenses that you incur due to delays in MONSAC receiving the Product. MONSAC does not ship Products outside Switzerland, and you may not return Products to us from outside of Switzerland.
You acknowledge that using any packaging or shipping carriers other than our Return Packaging and the carrier specified thereon may result in delivery delays and additional delivery fees for which MONSAC will not be liable. You will be solely liable for all such delays, Late Fees, additional delivery fees, and any damage to Products.
Our Products: All of our Products are 100% genuine and are certified by external authentication services. We source all our Products from vetted suppliers who vouch for their authenticity. All of our Products are specially cleaned and maintained after each time they have been used by MONSAC members. All of our Products are forensically marked and checked for authenticity each time they enter and leave the business. We will, by the use of 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.
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 police.
Billing and Payments
How Payments Work
When you place an order for membership, you hereby authorize MONSAC to charge your payment card or other payment instrument (“Payment Method”) for the Membership Fee. You must ensure that at all times your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to MONSAC and notifying MONSAC of any changes to such information. MONSAC will charge your Payment Method the amount of the Membership Fee immediately upon your Membership order.
In addition, at the time of your rental order for a Product, you hereby authorize MONSAC to charge your Payment Method for an amount up to the Original Retail or Comparable Value price of the Product set forth on the applicable Service plus applicable sales taxes; provided that MONSAC will only charge your Payment Method for an amount that is greater than the Membership Fee as described in these Terms.
We use a third-party payment processor (the “Payment Processor”) to bill you for any Paid Services through a payment account linked to your account (your “Billing Account”). By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen Payment Method. We reserve the right to suspend or cancel a rental order or terminate your access to the Services in the event that we are unable to successfully charge the provided Payment Method.
How Recurring Billing and Auto-renewal Work
When you place an order for a Membership Service, your Payment Method will be charged the then-current applicable rate (including all applicable taxes and fees) on the date that you sign up for such Membership Service. This date is your “Billing Date.” The applicable fee will automatically renew, meaning your Payment Method will be automatically charged the then-current applicable rate for the Membership Service during each subsequent month until you terminate your Account (as defined below). Recurring charges will occur on a going-forward basis each month on or about the same date as your Billing Date.
MONSAC reserves the right to decline a Membership Application at our sole discretion and without disclosing a reason. A Membership Service begins when your Membership Application is approved. It can take up to one working day for us to process an application for a MONSAC membership. We will confirm the status of a membership application via email.
Your “Membership Period” is the period from the first date where your most recent membership plan period with MONSAC begins, until the end of your chosen Membership plan duration. which differs between Quarterly and Annual membership. The Membership Period for Quarterly Membership is 3 months, the Membership Period for Annual Membership is 12 months. It is not possible to cancel or change membership during the Membership period with the exception of changing from a Quarterly to Annual Membership Period. If you wish to change your membership from Quarterly to Annual please contact firstname.lastname@example.org
At the end of your current Membership Period, a new Membership Period of the same duration will automatically begin, unless you have notified us of Cancellation of your membership during the then-current period (as defined below).
As of your first Billing Date, the Membership Services are available to you, subject to these Terms. Your Account will remain active and you will remain eligible to participate in the Membership Services for each month after we successfully receive your payment for each applicable Billing Date. If you do not want to continue your Membership Service, you must Cancel the applicable Membership Service or terminate your Account before the end of the then-current Membership Period.
By choosing a recurring Membership Service, you acknowledge that such Paid Services have a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR CANCELLED OR PAUSED THE SERVICES OR YOUR ACCOUNT.
To change your Payment Method, go to your membership portal. To delete a Payment Method or terminate your payment authorization, contact us at email@example.com. For information on how to Cancel your account, see below.
If the amount to be charged to your Billing Account varies from the amount you preauthorized, we shall provide notice of the amount to be charged and the date of the charge before the scheduled date of the transaction.
You agree to notify us of any issues or discrepancies in respect to payments within 90 days after they first appear in your account. If you do not notify us within 90 days you agree to waive your right to dispute these issues.
How to Cancel your Account and Membership Service
You may terminate your Account or your Membership Service (“Cancel”) at any time. If you Cancel your Membership Service, you may use the Membership Service until the end of your then-current Billing Period and your membership will not be renewed after the expiration of your then-current Billing Period. You must return all Products in your possession in accordance with these Terms no later than the expiration of your then-current Billing Period to avoid incurring additional charges, including late fees.
Please note that you will not receive any refunds for amounts already paid for the Membership Services, and you will still be responsible for payment of any fees or charges (including, without limitation, all Rental Fees) incurred by you prior to termination of your Membership Service. Membership Services cannot be terminated before the end of the Membership Period for which you have signed up to, and except as expressly provided in these terms, MONSAC will not refund any fees that you have already paid.
MONSAC is also free to suspend, limit, or terminate your access to or use of the Services or your Account, for any reason in our discretion, including your breach of these Terms.
Any fees arising from your usage of the Services in accordance with these terms that are unpaid following a period of 60 days from Cancellation (made by either MONSAC or you) will be pursued in accordance with the applicable Swiss laws on non-payment of debt, may be handed over to a suitable debt-collection agency and may result in Legal debt enforcement proceedings against you.
Consent to Receive Periodic Messages
By using the Services, you consent to receiving communications from us, including informational text messages.
We may transfer, assign, or delegate these Terms and our rights and obligations (in whole or in part) without your consent or notice to you.
Choice of Law
These Terms are governed by and will be construed under the laws of Switzerland.
There may be delays, omissions, or inaccuracies in the Services, including the Content. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that MONSAC is not, and will not be, liable for any such delays, omissions, inaccuracies, or unavailability.
You and MONSAC agree that these Terms are the complete and exclusive statement of the mutual understanding between you and MONSAC, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of MONSAC, and you do not have any authority of any kind to bind MONSAC in any respect whatsoever.
Information or Complaints
If you have any questions or complaints regarding the Services or about these Terms, you may contact us at firstname.lastname@example.org. Please note you should not include credit card information in your email correspondence.