Trent’s TERMS OF SERVICE
1. GENERAL INFORMATION AND OWNERSHIP OF THE WEBSITE
The ownership of this site www.trent.es (hereinafter Website) is held by: TRENT, brand of LIM APP 710, SOCIEDAD LIMITADA, holder of NIF B05385315, Calle Trafalgar, nº 6, principal 2ª, 08010 Barcelona, registered in the Commercial Register of Barcelona on Sheet: 562731, Volume 47804, Folio 1. Email: email@example.com ; telephone 649006756.
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity carried out by TRENT through the Website includes:
Rental and sale of clothing and accessories.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy and TRENT’s privacy and data protection policy.
By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User agrees to be bound by these Conditions and by all of the above, so if he/she does not agree with all of the above, he/she should not use this Website.
2. THE USER
Accessing, navigating, and using the Website grants the status of a user (hereinafter referred to either individually as User or collectively as Users). Therefore, from the moment navigation on the Website begins, all the conditions established here are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations that must be complied with in each case.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
- Using this Website solely to make legally valid queries, purchases, or acquisitions.
- Not making any false or fraudulent purchases. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled, and the relevant authorities would be informed.
The User declares to have the legal capacity to enter into contracts through this Website.
The Website is primarily aimed at Users residing in Spain. TRENT does not guarantee that the Website complies with the legislation of other countries, either wholly or partially. TRENT declines all responsibility that may arise from such access.
The User may formalize, at their choice, with TRENT the purchase contract of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
When the user registers, they must provide the following information to register as a new TRENT customer:
- Email address
Access activation to the Website is subject to the submission of the documentation required by TRENT.
3. PURCHASING OR ACQUISITION PROCESS OF SERVICES
Duly registered Users can purchase and/or acquire services on the Website through established means and methods. They must follow the online purchase, rental, and/or acquisition procedure, during which various products and/or services can be selected and added to the cart, basket, or final shopping space.
Additionally, the User must fill in and/or verify the information requested at each step. However, during the purchase process, before making the payment, purchase details can be modified.
Subsequently, the User will receive an email confirming that TRENT has received their purchase request and/or service provision, that is, the order confirmation. And, if applicable, they will also be informed via email when their purchase is being shipped. These pieces of information might also be made available to the User through their personal space on the Website.
Once the purchase process is completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email.
1, 2, 3 and 4 weeks rental service: The individual can pre-book the day they wish to receive the clothing item(s) or accessory(ies) they want to rent (provided those days are available on the calendar). They will have possession of it/them for the corresponding time (1, 2, 3 or 4 weeks) from the day they receive it (including the delivery day).
If they opt for home collection, the arrival time will be notified via email twice before the collection day, and failure to return it would result in an additional daily 20% charge of the rental price for each day of delay.
If they choose to return it to a collection point, they can return the item(s) at any time on the last day of their rental period. A daily 25% of the rental price per day would be charged for each day of delay.
Most of the items listed on Trent’s website catalogue are for sale (of course discarding those that are sold out) and with a few exceptions of some pieces that might be only available for rental. For these particular items, the “buy” option will be disabled from the product page layout.
Except in case of any incident, the User will receive the rented and/or purchased items within the next 2 business days. The shipping timing may vary for orders coming from outside the EU. Shipping is carried out by third parties such as Correos Express for national shippings and UPS (or other shipping companies) for international shipments.
Prices of Our Services:
The cost of transportation is ALWAYS paid by the customer (delivery and return) for all our services: rental, sale, and clearance. The prices may vary depending on the country of destination and the user will find the shipping costs on the checkout page before confirming the order.
Between 10% and 30% of the retail price, specified for each specific item.
The price of post-rental sale will vary depending on the accumulated number of uses
Right of Withdrawal and Returns
The right of withdrawal does not apply to the clothing rental service, pursuant to the provisions of article 103.a of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
Sale of Garments:
(a) Rented garments and those acquired after rental, i.e., post-rental acquisition: the right of withdrawal does not apply pursuant to the provisions of article 103.a of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. This is because the garments are only sold after being used by the user during the contracted period (4, 8 days, or one month).
(b) Garments purchased with no previous rental associated: this is the only scenario where the 14-day right of withdrawal applies from the product’s delivery to the Client. Exercising the right of withdrawal does not entail any cost or penalty. The client can return the garments in the following ways:
By sending it to the following address: Paseo de Gracia 112, 08008, Barcelona.
For the rental, our clients will have a maximum of 24 hours (from receiving the garment(s) or accessory(ies)) to notify us of a return or an exchange for a different size (if available), or for a different garment. If it’s a return and they exceed this 24-hour window, they won’t have the right to claim a refund and must keep the garment(s) until their return date.
In the event they notify us of the return or exchange within the specified time frame, they can return or exchange the garment(s). However, they must incur the transportation cost.
For a return, they will only have to pay the cost of one-way transportation (sending it back to our warehouse). They can choose between returning it to a collection point or having the courier pick it up from the provided address.
For a size or garment exchange, they must pay the round trip transportation cost (delivery of the new garment and return of the old garment to the warehouse).
The charge is made when the client acquires the service.
Damage or Fraud
What happens if the customer returns a damaged garment?
For minor damages, TRENT covers the cost, and there are no additional implicit costs for the customer.
Minor damages include the following closed list of cases: stains that can be removed with standard dry-cleaning services; missing button(s); broken zipper.
If upon receiving the garment at the warehouse, it is observed to have major damage, the client will be charged the amount equivalent to the selling price of that garment or accessory (the selling price displayed at that moment on the specific product’s page on our website).
What if the customer does not return a garment?
The same rules apply as in the case of major damage.
For rental service, the customer will have the option to cancel a future order, provided they communicate it (either through the trent.es web portal or directly to the email address firstname.lastname@example.org) at least 7 days in advance of the delivery date of their order. If the User doesn’t cancel the order before that time, she/he will be charged with a 50% of the rental price.
The User acknowledges being aware, at the time of purchase, of certain specific sales conditions concerning the product and/or service in question, displayed alongside its presentation or image on its Website page, indicating, in an illustrative but not exhaustive manner, and in each case: name, price, components, weight, quantity, color, product details, or characteristics, how the services will be carried out and/or the cost of the services. The User acknowledges that placing the purchase order or material acquisition signifies full and complete acceptance of the particular sales conditions applicable in each case.
Unless expressly stated otherwise, TRENT is not the manufacturer of the products sold or that may be commercialized on the Website. While TRENT makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information from what appears on the Website. Therefore, the User must consider not only the information provided by the Website but also the information available on the labeling, warnings, and/or instructions accompanying the product.
4. ELECTRONIC CONTRACTING
In accordance with the provisions of article 23 of Law 34/2002, of July 11, on information society services and electronic commerce, contracts concluded electronically shall produce all effects provided for by the legal system when the consent and other necessary requirements for their validity are met.
In any case, the electronic support containing the contract concluded electronically shall be admissible as documentary evidence in the event of a dispute between the parties.
For these purposes, it shall be understood that following all stages of the purchasing process necessarily implies providing the required consent for contracting.
Likewise, and in accordance with the provisions of article 27 of Law 34/2002, on information society services and electronic commerce, all information related to the purchasing process is made available to Users prior to the start of the process, which will only apply if the User decides to proceed with contracting through the Website.
All rental orders and purchases received by TRENT through the Website are subject to product availability and the absence of any circumstance or force majeure event (clause nine of these Conditions) affecting their supply and/or the provision of services. If there are difficulties in the supply of products or if products are out of stock, TRENT undertakes to contact the User and refund any amount that may have been paid.
This will also apply in cases where the provision of a service becomes impossible.
6. PRICES AND PAYMENT
The prices of the products will be those mentioned in these conditions and will also be published on this Website at all times, with TRENT reserving the right to modify prices at any time, non-retroactively. These prices include the total amount with taxes included.
The price of the products marketed on the Website is indicated alongside the description of each of them, expressed in all cases in the official currency of Europe, the euro (€).
The prices displayed on the Website are final, in Euros (€), and include taxes, unless otherwise specified by legal requirement, especially regarding VAT.
However, unless specifically stated otherwise, the prices of the items offered exclude shipping costs, if applicable, which will be added to the total amount due when the User manages the shipping process, selecting freely from the available shipping methods and costs.
Under no circumstances will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but any such changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted payment methods will be: Credit or debit card.
TRENT uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.
Credit cards will be subject to checks and authorizations by the issuing bank, and if the bank does not authorize payment, TRENT will not be responsible for any delay or failure of delivery and cannot formalize any contract with the User.
Once TRENT receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge on the card will be made when the User is sent the shipping confirmation and/or confirmation of the service provided in the form and, where applicable, location established.
In any case, by clicking on “CONFIRM ORDER,” the User confirms that the payment method used is theirs.
If, for any reason attributable to TRENT, it is unable to meet the delivery date, it will contact the User to inform them of this circumstance. The User can then choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.
If it becomes impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and will make a second delivery attempt.
For the purposes of these Conditions, it will be understood that delivery has occurred or the order has been delivered at the moment the User or a third party indicated by the User acquires physical possession of the products, which will be evidenced by signing the receipt of the order at the agreed delivery address or from the moment the courier notifies the User of the product’s availability.
Any risks arising from the products shall be borne by the User from the moment of delivery.
In accordance with Law 37/1992, of December 28, on Value Added Tax (VAT), rental or purchase orders for delivery and/or provision shall be deemed located in the territory of Spanish VAT application if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally effective rate at any given time based on the specific article in question.
8. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event they detect an error in entering necessary data to process their purchase request on the Website, they may modify them by contacting TRENT through the contact spaces enabled on the Website and, if necessary, through those enabled to contact customer service, and/or using the contact details provided in clause one (General Information). Similarly, this information can also be corrected by the User through their personal connection space on the Website.
In any case, before clicking on “CONFIRM ORDER,” the User has access to the space, cart, or basket where their purchase requests are noted and can make modifications.
As previously indicated, the following rules apply to returns.
Right of withdrawal
The right of withdrawal does not apply to the garment rental service, in accordance with the provisions of article 103.a of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
Sale of garments: (a) Garments on rent and acquired post-rental, i.e., after the rental and possession by the client: the right of withdrawal does not apply in accordance with the provisions of article 103.a of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws since the garments are only sold after being used by the user during the contracted period (4, 8 days, or a month).
(b) Pre-loved garments: this is the only case in which the right of withdrawal of 14 days from the product delivery to the Customer applies. Exercising the right of withdrawal does not involve any cost or penalty. The customer can return the garments in the following manner:
By sending it to the following address: Paseo de Gracia 112, 08008, Barcelona.
In the case of occasional rental (1, 2, 3 or 4 weeks), our clients have a maximum of 24 hours (from receiving the garment(s) or accessory(ies)) to notify us of a return, or a size change (if available), or a change of garment. If it is a return and they exceed this 24-hour period, they will not have the right to claim the money and must keep the garment(s) until the day of their return.
In the event that they notify us of the return or change within the established period, they may return or exchange the garment(s), But they must incur the transport cost. If it is a return, they will only have to pay the cost of one transport (shipment to our warehouse). They can choose between doing it at a collection point or having the courier come to the provided address.
The User, regardless of the chosen means to communicate their decision, must express clearly and unequivocally their intention to withdraw from the purchase contract.
To meet the withdrawal period, where applicable as explained above, it is sufficient for the communication that unequivocally expresses the decision to withdraw to be sent before the corresponding period expires.
In the event of withdrawal, where applicable as explained further below, TRENT will refund the User the corresponding amount for the purchase, excluding shipping costs. No later than 14 calendar days from the date TRENT is informed of the User’s decision to withdraw.
TRENT will refund the User using the same payment method used for the initial purchase transaction. This refund will not generate any additional costs for the User. However, TRENT may retain the refund until receiving the products or items from the purchase.
The User can return or send the products to TRENT in the following manner:
By sending it to the following address: Paseo de Gracia 112, 08008, Barcelona.
The User acknowledges that they must bear the direct cost of return (transport, delivery) of the goods, if incurred. Additionally, they will be responsible for the decrease in the value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
The User acknowledges being aware that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, but not limited to, these would be cases such as: personalized products; products that can deteriorate or expire quickly; music or video CDs/DVDs without their factory seal; products that, for reasons of hygiene or health, are sealed and have been unsealed after delivery, including services and products included in clothing rental.
In this same sense, the provision of a service, such as clothing rental, that the User could contract on this Website, is governed by the same Law, which establishes that the right of withdrawal will not apply to Users when the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with their acknowledgment that, once the contract has been fully executed by TRENT, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond mere opening, or products that are not in the same condition as they were delivered or that have suffered any damage after delivery.
Likewise, in cases where applicable, the products must be returned using or including all their original packaging, instructions, and any other accompanying documents, as well as a copy of the purchase invoice.
Return of defective products or shipping error
These are all cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and therefore, they must immediately contact TRENT and inform them of the existing discrepancy (defect/error) through the same means.
The User will then be informed of how to proceed with the return of the products, and once returned, they will be examined, and the User will be informed within a reasonable time whether the refund is applicable or, where appropriate, its replacement.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date when we send an email confirming the refund or replacement of the non-conforming item.
The amount paid for products returned due to a defect, when it genuinely exists, will be fully refunded, including delivery charges and any costs that the User may have incurred in returning the product. The refund will be made by the same payment method that the User used to pay for the purchase.
In any case, the rights recognized in the current legislation at any given time for the User, as a consumer and user, will always be respected.
It is understood that the products are in conformity with the contract as long as they: adhere to the description made by TRENT and possess the qualities presented in it; are suitable for the uses for which products of the same type are ordinarily intended; and exhibit the usual quality and performance of a product of the same type that is fundamentally expected from it. When this is not the case regarding the products delivered to the User, the User must proceed as indicated in the section “Return of defective products or shipping error.” However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured and, therefore, will be part of the individual appearance of the product and not considered a defect.
11. LIABILITY EXEMPTION
- Unless otherwise provided by law, TRENT will not accept any responsibility for the following losses, regardless of their origin:
- Any losses not attributable to any breach on its part;
- Business losses (including loss of profit, revenue, contracts, anticipated savings, data, loss of goodwill, or incurred unnecessary expenses); or
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the purchase contract of the products or rental service was formalized between the parties.
Likewise, TRENT also limits its liability in the following cases:
- TRENT applies all measures to provide a faithful display of the product on the Website; however, it is not responsible for minimal differences or inaccuracies that may exist due to screen resolution issues or problems with the browser used or other similar issues.
- TRENT will act with the utmost diligence to make the product available to the company responsible for its transportation. However, it is not responsible for damages arising from a malfunction in transportation, especially due to causes such as strikes, roadblocks, and in general, any other issues inherent in the sector, resulting in delays, losses, or theft of the product.
- Technical failures due to fortuitous or other causes that prevent the normal operation of the internet service. Lack of availability of the Website due to maintenance reasons or others that prevent the availability of the service. TRENT uses all means at its disposal to carry out the purchasing, payment, and shipping/delivery process of the products; however, it is not responsible for causes beyond its control, fortuitous events, or force majeure.
TRENT will not be responsible for the misuse and/or wear and tear of products used by the User. Similarly, TRENT will not be responsible for an incorrect return made by the User. It is the User’s responsibility to return the correct product.
In general, TRENT will not be responsible for any non-compliance or delay in fulfilling any of the assumed obligations when it is due to events that are beyond its reasonable control, that is, due to force majeure, which may include, by way of example but not limited to:
- Strikes, labor stoppages, or other labor disputes.
- Civil unrest, riots, invasion, threat or terrorist attack, war (declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster.
- Inability to use trains, ships, planes, motor transport, or other means of transportation, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions by any government or public authority.
In this way, obligations will be suspended for the period in which the force majeure cause continues, and TRENT will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure cause. TRENT will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure cause.
12. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with TRENT will be electronic (email or notices posted on the Website).
For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that any contract, notification, information, and other communications that TRENT sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with TRENT through the contact details provided in these Conditions and, if applicable, through the Website’s contact spaces.
Likewise, unless otherwise stipulated, TRENT may contact and/or notify the User at their email address or the postal address provided.
No waiver by TRENT of a specific legal right or action or failure by TRENT to require strict compliance by the User with any of its obligations shall constitute, or be deemed a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exempt the User from compliance with their obligations.
No waiver by TRENT of any of these Conditions or of rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
15. COMPLETE AGREEMENT
These Conditions and any document explicitly referred to in them constitute the entire agreement between the User and TRENT regarding the subject matter of the sale and/or rental and supersede any other agreement, verbal or written, previously agreed upon by the parties.
The User and TRENT acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party unless it is expressly mentioned in these Conditions.
16. DATA PROTECTION
17. APPLICABLE LEGISLATION AND JURISDICTION
Access, navigation, and/or use of this Website and the purchase contracts of products through it shall be governed by Spanish law.
Any controversy, problem, or disagreement arising from or related to access, navigation, and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between TRENT and the User, shall be subject to the non-exclusive jurisdiction of the courts and tribunals of Barcelona.
18. COMPLAINTS AND CLAIMS
The User may send their complaints, claims, or any other comments they wish to make to TRENT through the contact details provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between TRENT and the User, the User as a consumer may request an out-of-court solution to disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) No 2006/2004 and Directive 2009