Terms of service

General Terms and Conditions adretto AG

Version July 2023

-- In case of any differentiating interpretation of the German and English version, the German version will be the determining version of this agreement. --

1. Scope

1.1       The following General Terms and Conditions ("GTC") apply to all business relationships conducted through the online rental shop www.adretto.ch and/or www.adretto.de of adretto AG, headquartered in Risch (hereinafter referred to as "adretto," "online rental shop," or "we"). adretto provides paid and unpaid services related to the rental of textiles of all kinds in this online rental shop.

1.2       The version of our GTC that is valid at the time of the order is decisive.

1.3       adretto reserves the right to change these GTC at any time. The customer will be informed of such changes in a timely manner by agreeing to the new GTC during the next use of the online rental shop. If you do not agree to the amended terms, your sole remedy is to refrain from using the online rental shop.

1.4       The offer on the online rental shop is exclusively directed at fully capable consumers in Germany and Switzerland, who are at least 16 years old. A consumer is defined as a natural person who maintains business relations with adretto that cannot be attributed to either their commercial or independent professional activity.

1.5       We only deliver to customers who have a delivery and billing address in Switzerland or Germany.

2. Online Rental Shop

2.1       The customer can rent the product via the online rental shop for a rental period of 14 days ("Rental Period") depending on availability. The first day of this period is the day the rented item is delivered to the customer.

2.2       You can select products from the range in the online rental shop and add them to the virtual shopping cart by clicking the "Pay Now" button. You can change your product selection in the shopping cart at any time before submitting the rental request ("Order").

2.3       The customer can cancel the rental contract free of charge up to two days before the start of the Rental Period. In this case, a full refund of any payments already made will be issued.

2.4       Before submitting the order, you can decide whether to register or order as a guest. If you order as a registered customer, you must sign in or create a user account. All mandatory fields for creating a user account are marked as such. Providing additional data is voluntary.

2.5       Before submitting the order, you will be directed to the order overview, where you can review the order once again.

2.6       The presentation of a product on our online rental shop is not a binding offer for the paid transfer of use but merely an invitation to submit an offer. adretto reserves the right to change rental prices at any time and without prior notice.

2.7       All information in our online rental shop (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, and other details) is for illustration purposes and is therefore non-binding. In particular, they do not constitute representations of characteristics or warranties unless explicitly stated otherwise. adretto endeavors to provide all information and details in the online rental shop correctly, completely, up-to-date, and clearly, but adretto cannot expressly or implicitly guarantee this.

2.8       adretto does not guarantee that the listed products in the online rental shop are available at the time of ordering. Therefore, all information regarding availability and delivery times is without guarantee and may change at any time without notice.

2.9       Special offers and loyalty programs can be unilaterally deleted or dissolved by adretto at any time.

3. Rental Agreement

3.1       By clicking the "Pay Now" button, you submit the order, which constitutes a legally binding offer to adretto to conclude a rental agreement ("Application").

3.2       By submitting your application, you accept these terms and conditions of adretto.

3.3       After submitting the order, you will receive a confirmation by email, documenting that the order has been received by adretto ("Receipt Confirmation"). After receiving this Receipt Confirmation, the order cannot be changed, and the customer is bound by it, subject to different provisions in these terms and conditions.

3.4       The rental agreement is concluded by the confirmation of shipment ("Shipment Confirmation") that you receive by email or by the delivery of the ordered products ("Rental Agreement"). The parties to the concluded rental agreement are the customer and adretto AG, Riedstrasse 1, 6343 Rotkreuz, Switzerland.

3.5       The rental agreement is concluded for a fixed period. The rent is due for the entire rental period, regardless of whether the product is used or not. Except for different provisions in these terms and conditions, there are no ordinary termination options. However, the rental relationship can be canceled in accordance with the provisions of these terms and conditions. In the case of timely cancellation, the rental fee will be refunded to the customer.

3.6       If, after receiving the order, it turns out that the ordered products are wholly or partially unavailable, adretto is entitled to reject the order either in part or entirely. In this case, the customer will be informed, and any payments already made will be promptly refunded. If no payments have been made yet, the customer will be exempt from the obligation to pay. Further claims are excluded.

4. Delivery, Rental, and Use

4.1       Products will be shipped only after receiving the full payment of the rent. All products are professionally cleaned by adretto and are ready to wear upon delivery to the customer. The products remain the sole property of adretto at all times.

4.2       The order will be delivered to the customer on or before the chosen delivery date to the residential address provided by the customer in the order, in Switzerland, Liechtenstein, or Germany. The agreed rental period is binding in the sense that the products must be delivered no later than the day after the agreed rental start date. If delivered on the day after the agreed rental start date, the rental end date will also be shifted by one day. If the product is needed for a specific date/event, we recommend scheduling the rental start two weeks before this occasion.

4.3       Control and risks of the rented product transfer to the customer as soon as it is handed over to the customer or transporter and last until its return to adretto.

4.4       During the rental period, the customer bears sole responsibility for the product. The customer is obligated to handle the products carefully and to observe all regulations relevant to proper use, especially the care instructions from adretto. Furthermore, the products must be stored appropriately and protected against external influences.

4.5       The rented products must be inspected and tried on immediately upon receipt. Products can be returned on the day following the delivery; the crucial date is the day of submission to the post office (or another transport company). The return must be communicated by phone or email. Adretto will send a replacement item to the customer at no additional cost or refund payments already made. In case of delayed return, the full rental price is owed.

4.6       Subleasing, subletting, lending, or any other form of entrusting the rented products to third parties by the customer is prohibited. The customer is not authorized to make alterations to the product, including alterations made by the customer or on their behalf, such as tailoring or cleaning.

4.7       If the returned products have been used, worn, damaged, or show signs of use like makeup or sweat odor, or if individual adjustments to the goods have been made, the full rent is to be paid, and no refund will be issued.

4.8       Adretto is not liable for delivery delays that are not attributable to them. Not attributable to them is particularly a delivery delay because a previous customer does not return, returns late, or returns damaged products, making timely delivery without disproportionate effort impossible. If such a delivery delay becomes apparent, adretto will promptly inform the customer, and already made payments will be refunded.

5. Return of the Rented Property

5.1 Please refer to the information on the return form. The products must be returned in their original packaging and with the return label. The customer ensures that all products specified on the delivery note are returned.

5.2 Please send the goods exclusively to the address provided by us.

5.3 The return shipment is to be arranged on the last day of the rental period specified in the order. The date of the return is the one clearly indicated on the postmark (or receipt from the respective shipping company).

5.4 If the product is returned later than the last day of the rental period according to clause 5.3, the lease is not considered extended. However, adretto reserves the right to charge the customer a daily loss of use fee of 5 euros or 5 CHF per product for each additional day.

5.5 If the product is returned damaged, the customer is liable to adretto for the value of replacing the product or for the costs of restoration, to the extent that restoration is possible, appropriate, and adretto can be reasonably expected to do so based on the nature of the product.

The fees to replace individual products are as follows: Jacket CHF 450.-; Pants CHF 350.-; Shirt CHF 80.-; Vest CHF 250.-; Tie/Bow tie CHF 40.-; Pocket square CHF 40.-; Belt CHF 60.-; Shoes CHF 150.-; All fees are subject to applicable VAT.

5.6 adretto is not responsible or liable for personal items that the customer accidentally returns to adretto with the products. If the customer accidentally returns a personal item to adretto, this must be reported to adretto immediately (service@adretto.ch). If we are able to locate the personal items, we will try to return them to the customer. The customer is responsible for all shipping costs. adretto is not liable for personal items that are damaged or lost during transport. Credit and debit cards and items that cannot be legally returned will not be returned and will be securely destroyed. All personal items not reported by the customer within 30 days of return will be donated or destroyed at a charity of our choice.

6. Rental Prices and Payment

6.1       The rental prices provided by adretto represent final prices. The rental fee includes charges for renting the products, payment fees, shipping fees, and insurance fees. All rental prices specified in the online rental shop include the applicable statutory value-added tax and, if applicable, any other statutory charges.

6.2       The rental prices stated at the time of ordering are decisive.

6.3       Any shipping costs, unless otherwise stated, will be charged separately and are to be paid by the customer. Shipping costs will be indicated separately in the ordering process.

6.4       Technical changes, errors, and printing mistakes are reserved. adretto is particularly entitled to contest the rental agreement in accordance with legal provisions if an incorrect rental price is based on an error by adretto.

6.5       Customers have the payment options specified in the ordering process available. Payments must be made in the currency applicable to the region.

6.6       Voucher codes can only be used once within the specified time and are not cumulative.

7. Right of Withdrawal

Withdrawal Right. As a consumer according to European legislation, the customer is entitled to a right of withdrawal for distance contracts concluded outside of business premises.

You have the right to withdraw from this lease agreement within 14 days without giving any reason. The withdrawal period is 14 days from the day you, or a third party other than the carrier and indicated by you, acquires physical possession of the last good.

Contact. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email).

adretto AG

Riedstrasse 1

6343 Rotkreuz

Switzerland

Email for Switzerland: service@adretto.ch

Email for Germany and Austria: service@adretto.de

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal. If you withdraw from this lease agreement, we shall reimburse you for all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us or by damage or use), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. If the product is returned damaged or used, the customer is liable to adretto for the value of restoring the product or for the costs of restoration or cleaning (cleaning flat rate of 25 EUR in Germany and CHF 25 in Switzerland).

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

In the case of your withdrawal, we offer you the option of free return of the goods. Please contact our customer service (email for Switzerland: service@adretto.ch; email for Germany: service@adretto.de).

Special Note. Your right of withdrawal expires prematurely if the lease agreement is fully performed by both parties at your express request before you have exercised your right of withdrawal.

Exclusion of the Right of Withdrawal.

The right of withdrawal does not exist, among other cases, in the following situations:

  • In contracts for the delivery of products that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive (for example, custom tailoring or dress adjustments) or that are clearly tailored to the personal needs of the consumer or for the delivery of sealed products that are not suitable for return for reasons of health protection or hygiene and whose sealing has been removed after delivery.
  • In contracts for the provision of services related to leisure activities, if the contract provides for a specific date or period for performance. The concept of service is to be interpreted broadly and also includes rental services.

8. Retention of Title

The products remain the property of adretto. The customer is not entitled to dispose of the goods in a legal transaction. In particular, the customer is not authorized to pledge, transfer by way of security, process, or modify the products. The customer undertakes to promptly inform adretto if third parties assert rights to the goods.

9. Copyrights

9.1 All graphics, texts, images, videos, and programs published in the online rental shop or in other materials are protected by copyright and may not be published, decompiled, reproduced, distributed, made accessible to others, or otherwise edited, used, or published, in whole or in part. Reverse engineering, transfer, or licensing is not allowed.

9.2 The use of adretto's IP trademarks, logos, or other corporate identifiers is only permitted with the prior written consent of authorized representatives of adretto.

10. Warranty

10.1 Adretto endeavors to deliver products of impeccable quality.

10.2 Adretto has the discretion to provide warranty through equivalent replacement, reduction of rental price, or refund of the rental price. Further warranty rights are excluded.

11. Liability

11.1 Adretto excludes all liability, regardless of its legal basis, as well as claims for damages against adretto and against any possible auxiliary persons and agents to the maximum extent permitted by law.

11.2 Adretto is not liable in particular for indirect damages and consequential damages, loss of profit, or other personal, material, and pure financial damages of the customer. A more extensive mandatory legal liability remains reserved, for example, for gross negligence or unlawful intent or in accordance with product liability regulations.

11.3 Adretto uses hyperlinks solely for the simplified access of the customer to other websites. Adretto neither knows the content of these websites in detail nor assumes liability or other responsibility for the content of these websites.

11.4 Adretto is not liable for the functionality of data networks, servers, or data lines to its data center and the constant availability of its online rental shop.

12. Data Protection

12.1 All personal data communicated by you will be collected, processed, and stored exclusively in accordance with the provisions of the applicable data protection laws, especially the GDPR.

12.2 For the processing of the rental contract concluded with you, the use of your personal data is necessary. Personal data may, if necessary for the rental contract processing, also be disclosed to commissioned service partners (e.g., logistics companies, service partners, or debt collection agencies).

12.3 Any further use requires your explicit consent. Details about the data collected and its respective use can be found in our privacy policy (https://www.adretto.de/policies/privacy-policy and https://www.adretto.ch/policies/privacy-policy).

13. Information on Online Dispute Resolution according to the ODR Regulation and § 36 VSBG

13.1     Since February 15, 2016, the EU Commission has provided a platform for online dispute resolution. Consumers in the EU now have the option to resolve disputes related to their online orders without involving the court initially. The consumer's right to pursue legal action remains unaffected by this.

13.2     The Online Dispute Resolution (ODR) platform is accessible on the internet at https://ec.europa.eu/consumers/odr.

13.3     adretto is not obligated to participate in a dispute resolution process before a consumer arbitration board. adretto is not willing to participate in a dispute resolution process before a consumer arbitration board.

14. Other Provisions

14.1     All changes and additions to these terms and conditions, as well as the waiver of their applicability, require written form. This also applies with regard to a possible waiver of the written form requirement.

14.2     If one or more provisions or parts of a provision of these terms and conditions are or become ineffective, the validity of the lease agreement as a whole shall not be affected. It is the express intention of the parties to maintain the effectiveness of the remaining provisions of these terms and conditions under all circumstances.

14.3     In the event of the ineffectiveness or impracticability of a provision, the parties will replace it with a valid and effective provision that comes as close as possible to the legal and economic intent of the parties, as they would have reasonably agreed at the conclusion of this lease agreement if they had considered the ineffectiveness or impracticability of the respective provision.

14.4     Clauses 14.2 and 14.3 apply accordingly in the case of a regulatory gap.

15. Applicable Law and Jurisdiction

15.1     Subject to mandatory legal provisions at the consumer's place of residence, substantive Swiss law, excluding conflict of law rules and the Vienna Sales Convention, applies to the legal relationship between adretto and the customer.

15.2     The place of jurisdiction for natural persons is Zug or the consumer's place of residence. For legal entities, the ordinary courts of the Canton of Zug are exclusively competent.