1. GENERAL PROVISIONS, THE TERM OF THE GENERAL CONDITIONS
1.1 This website is operated by ILONOVIA Kft. registered office: H-2094 Nagykovácsi, Cincér utca 7., site: H-1054 Budapest, Steindl Imre utca 11., company registration number: 13-09-164130, tax registration number: 24350529-2-13, EU VAT number: HU24350529, e-mail address: firstname.lastname@example.org , telephone number: +36 70 361 4831, +361 301 0604. ILONOVIA Kft. is a business association registered in Hungary. It is primarily engaged in the rental, and, occasionally, the sale of bridal wear, evening wear, bridesmaid dresses and accessories.
1.2 These General Conditions are effective as of September 12, 2016. Upon signing the respective rental agreement, the Customer acknowledges that it is familiar with the provisions of the General Conditions in force. The Customer acknowledges that it has read and understood the General Conditions, that it acknowledges such provisions and agrees to be bound by the same. Upon signing the rental agreement, the Customer acknowledges that the General Conditions in force shall be incorporated into the rental agreement for reference.
1.3 ILONOVIA Kft. reserves the right to unilaterally modify the General Conditions at any time and the Customer agrees to expressly accept any of such modifications. ILONOVIA Kft. shall ensure that the General Conditions in effect be continuously available on the website.
2. GENERAL PROVISIONS PERTAINING TO RENTAL
2.1 The provisions of these General Conditions shall be applicable to all agreements concluded between ILONOVIA Kft., as the Lessor and the Customer as the Renter (hereinafter referred to as the Renter), including, in particular, any bridalwear rental agreements, bridesmaid dresses rental agreement, rental agreement on accessories or any other rental and other agreements. The Parties agree that the provisions of these General Conditions shall also be applicable to the modifications of the contracts, if any.
2.2 The Renter acknowledges and accepts that persons under the age of 18 may only conclude a Contract by being represented his/her statutory representative.
2.3 The subject of the contracts may be wedding dresses, evening dresses, bridesmaid dresses and the respective accessories (veils, shawls, shoes, jewelry, gloves) (hereinafter collectively referred to as Rented Item(s)). The Customer accepts that the Rented Items may be rented by way of paying the rental fee (hereinafter referred to as the Rental Fee). The Renter acknowledges and expressly accepts that the Rented Item under the particular name will be identical with the product displayed on the photograph and defined in the detailed description related to the product under the respective name listed on the website in terms of quality, colour, material and embellishment, on the condition that the Renter shall receive a clean dress in good condition, which, however, is second-hand. The Renter acknowledges that ILONOVIA Kft. may have rented the item to another renter earlier, with regard to which the Renter expressly acknowledges that there may be changes on the dress compared to the condition when it was last seen by the Renter and/or the condition displayed by the photograph on the website arising from normal wear in line with intended purpose, which, however, do not influence the use and look of the item significantly. ILONOVIA Kft. only hands over the Rented Items to the Renter in a good condition, following proper and thorough cleaning. The Renter acknowledges that the items, and, in particular, dresses tend to look differently on different persons with different body shapes and sizes, and thus, the item may need to be altered compared to the look of the item displayed on the photograph. The Renter expressly acknowledges and accepts that upon the signing of the Rental Agreement, the Lessor will measure and document the bust and waist of the Renter or the client. Where the Lessor documents a change in excess of one (1) size on the fitting day compared to the originally documented parameters, ILONOVIA Kft. may charge a separate fee for alteration, and may deny handing over the dress to the Renter without any compensation or other obligation, and, at the same time, shall be entitled to request the Renter to pay the amount of the Remainder in a lump sum. The Renter acknowledges and accepts that in the case of wedding dresses, the Renter shall get in hold of the wedding shoes actually wished to be worn on the wedding by the alteration fitting and shall book an appointment with the employee of ILONOVIA Kft. via the telephone for a fitting with shoes. The Renter acknowledges that if the Renter fails to comply with the aforementioned obligation or fails to comply with the same in a timely manner, such circumstance shall constitute breach of contract by the Renter which shall result in the failure of the legal transaction set out in the contract and ILONOVIA Kft. will be entitled to keep the amount of the Earnest Money specified in Subsection 2.4 of these General Conditions. The Renter acknowledges that fittings with shoes may only be carried out during open hours.
2.4 The Renter shall pay the amount of the earnest money pertaining to the Rented Item (hereinafter referred to as the Earnest Money) on the day of signing the rental agreement in CASH to ILONOVIA Kft. The Renter acknowledges and accepts that the amount of the Earnest Money may be determined unilaterally by ILONOVIA Kft. The Renter also acknowledges and accepts that it is not possible to enter into the Contract without paying the Earnest Money. Upon the signing of the rental agreement, the contracting parties represent and acknowledge that they are aware of the legal consequences of earnest money. Accordingly, the Parties are aware that if the performance of this legal transaction fails for a reason within the control of ILONOVIA Kft., it shall pay double the amount of the Earnest Money received to the Renter, while in the event where the performance of the transaction fails for a reason within the Renter’s control, the Renter will forfeit the Earnest Money.
2.5 The Renter acknowledges and accepts that the Rented Item may only be taken by the same after the payment of the rental fee (the amount of the earnest money plus the remainder) and the security deposit in full.
2.6 The Renter acknowledges and accepts that it reserves the Rented Item upon the signing of the rental agreement and the payment of the Earnest Money.
2.7 The Parties agree that if any changes occur in the data of the Renter specified in the rental agreement during the term of the rental period, the Renter shall inform the Lessor of such changes without undue delay either in person or via e-mail. The Renter acknowledges that ILONOVIA Kft. may not be held liable for any damages arising from the failure to provide information as regards the change in data.
2.8 The Renter acknowledges and accepts that ILONOVIA Kft. requests a security deposit in the case of rented items (hereinafter referred to as the Security Deposit). The Renter acknowledges and accepts that the amount of the Security Deposit may be determined by ILONOVIA Kft. unilaterally. If the Renter returns the Rented Item to the Salon in full, without any damage or injuries in accordance with the provisions set out in the rental agreement and these General Conditions by the deadline, ILONOVIA Kft. will repay the amount of the Security Deposit to the Renter in cash. The Renter acknowledges and accepts that if any damages have been caused to the Rented Item, ILONOVIA Kft. will be entitled to deduct the amount of the damage from the amount of the Security Deposit and will repay the difference to the Renter in cash. At the same time, the Renter also acknowledges and accepts that where the amount of the damage exceeds the amount of the Security Deposit, the Renter shall pay the difference to ILONOVIA Kft. on the condition that the amount of compensation shall equal the retail price of the Rented Item in a new condition as per the catalogue.
2.9 The Renter acknowledges that if the Renter withdraws from the rental agreement after the dress has been fitted to their figure, that is the Renter cancels the rental, Ilonovia Kft. will be entitled to claim the amount of the Remainder from the Renter in a lump sum, with particular regard to the case where dresses made of tulle and crêpe chiffon are rented, as the alterations made on such dresses are final and irrecoverable.
2.10 ILONOVIA Kft. agrees to hand over the Rented Item to the Renter at latest on the day of the event as defined in the Contract. The Renter acknowledges and accepts that the Rented Item may only be collected by the Renter in person in the Salon of ILONOVIA Kft. ILONOVIA Kft. will not hand over the Rented Item to third parties, including the family members of the Renter. The Renter acknowledges and accepts that it shall use the Rented Item in line with its intended function and shall also protect the item from any damages. The Renter expressly acknowledges and accepts that it may not assign the Rented Item to third parties, may not sell, donate or transfer the same on any legal grounds, and the Renter may not pledge it, establish liens on it or encumber it in any other manner.
2.11 The Renter acknowledges that in the case of events held on Fridays or during the weekends, the Renter shall return the Rented Item between 10:00 and 17:00 on the Monday following the event to the Store. The Parties confirm that the Rented Item may be returned to the respective Store by anyone. The Parties confirm that ILONOVIA Kft. is not required to clarify the legal relationship between the person taking back the Rented Item and the Renter, and will deem any representations of the person taking back the Rented Item as if such representations had been made by the Renter. The Renter acknowledges that if the Renter delays with returning the Rented Item for any reason, the Renter shall pay liquidated damages for delay to ILONOVIA Kft. in the amount of HUF 10 000 for each day in delay. Where the Renter delays with returning the Rented Items for more than 5 days, we will charge the entire rental fee again.
2.12 The Renter shall return the Rented Item in a condition determined upon handover to ILONOVIA Kft. Any and all deterioration compared to the condition of the Rented Item upon collection by the Renter that has occurred until returning the Rented Item to the Salon and until receipt by ILONOVIA Kft. for any reason within the control of any parties, and, in particular, any damages done in the fabric, tear, wax damage caused by candles, burn marks, other stains or any deficiency (including the loss or injury of the Rented Item or the accessories and embellishment thereof) shall constitute damage (hereinafter collectively referred to as Damage). At the same time, the Renter also acknowledges and accepts that the Renter shall compensate all damages caused to the Rented Item or that have occurred for any reason on the condition that the maximum amount of compensation shall equal the retail price of the Rented Item in a new condition as per the catalogue.
The Renter expressly acknowledges and accepts that it may not make any alterations, corrections or changes on the Rented Item. Any such alteration, correction or change shall constitute damage as defined in this Section, which shall be compensated by the Renter. The Renter shall pay the amount of the damages to ILONOVIA Kft. within seven (7) days in the Salon in cash, or shall transfer such amount to the bank account of ILONOVIA Kft. specified by the same. The Renter acknowledges and accepts that if the Renter fails to comply with the obligation set out in the previous sentence fully and within the deadline, the Renter shall pay late charges to ILONOVIA Kft. at a rate double the central base rate, and ILONOVIA Kft. may initiate debt collection proceeding and adversarial proceeding against the Renter, the costs of which shall also be borne by the Renter.
2.13 The Renter expressly acknowledges and agrees that after the condition upon handover has been determined, ILONOVIA Kft. may not be held liable for any damages caused to the Renter or to any third parties by the Rented Item, including any pecuniary, non-pecuniary and other damages arising from physical injuries (bruises, wounds, scars, redness or the injury of any body parts). The Renter acknowledges that the Renter may not enforce any compensation or other claims against ILONOVIA Kft. resulting from such injuries either via civil action or other proceedings.
3. OTHER PROVISIONS
3.1 These General Conditions shall be governed by the Hungarian law.
3.2 The invalidity of any provisions of these General Conditions may not affect the validity of the remaining provisions of the General Conditions (severability).
3.3 Matters not regulated herein shall be governed by the Civil Code and other effective laws and regulations.
3.4 The Parties agree that in the case of consumer protection disputes where the Parties fail to resolve the matter in the negotiations carried out by them, the Renter may initiate a proceeding at the competent Conciliation Body. The conciliation body having jurisdiction in the geographical area where the registered office of ILONOVIA Kft. is located is the Conciliation Body of Pest County (H-1119 Budapest, Etele út 59-61. II. em. 240.). ILONOVIA Kft. hereby informs the Renter that the Renter may file consumer complaints at the competent Government Office in the case of any consumer disputes arising between them. The Renter may also initiate a proceeding via online dispute resolution forums in the case of any legal disputes arising. At the same time, the Renter expressly and irrevocably acknowledges and accepts that where the conciliation body or other authority or body acting in the consumer protection and other consumer disputes finds the complaint of the Renter to be unfounded either in part or in full, or terminates the proceeding for any reason, the Renter shall compensate all costs of ILONOVIA Kft. incurred in relation to the proceeding carried out by the conciliation body in terms of the consumer protection or other consumer dispute, including, in particular, the attorney’s fees, postal costs, travel costs, duties, if any etc. (hereinafter collectively referred to as Procedural Costs) arising exclusively out of or in relation to the proceeding. The Renter agrees that it will pay the Procedural Costs within five (5) working days from the date the decision made in the matter takes effect.