Rental & Purchase Agreement

 

These terms and conditions are a legal agreement between you (“You” or “Your”) and Zarrel Sdn Bhd at its address 70-1, Jalan PJU 5/21, The Strand Kota Damansara, 47810 Petaling Jaya (“Zarrel” “We,”, “we” “us,” or “our”), establishing terms and conditions under which You will submit information to, and rent clothing (a “Product” and collectively, “Products or Items”) and receive related services (“Services”) from, Zarrel via our website at www.zarrel.com.my (the “Website”).

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ORDERING PRODUCTS OFFERED ON OUR SITE, SIGNING UP FOR THE SERVICE AND PUTTING IN YOUR CREDIT CARD DETAILS, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ORDER ANY PRODUCTS AND DO NOT RENT THE PRODUCTS.

WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.

  1. General; Rental Not Purchase;

This Agreement contains all the terms and conditions governing Your rental of Products from Zarrel via zarrel.com.my website from time to time. You agree that Your general use of our Website, other than rental orders as set forth in this Agreement, is subject in all respects to our Website Terms of Service available at Terms of Service, as such terms may change from time to time. No other terms or conditions (preprinted or otherwise) shall have any force or effect. You agree and acknowledge that You are renting the Products and that ownership of the Products remains with Zarrel at all times.

Our Products may be rented for use by individuals under 18 years of age, but rentals are made only to adults who must provide credit card information which must be approved by our merchant and processing agent. If You are under 18 years of age, You may accept these terms and conditions and order Products only with involvement and approval of Your parent or legal guardian. We currently and generally limit the number of packs that can be rented by You and our other customers to ONE (1) at any time. Each pack, with your purchase of a subscription provides you 3 Products / Items (an assortment of clothing). These Products can be in your possession at any given time for an unlimited period of time so long as you continue to make RECURRING payments for your subscription each month.

 

 

  1. Subscription Fee; Credit Card Authorizations; Cancellation.

The subscription fee (“Rental Fee”) for the Products will be the monthly rental fee (as defined on the website for your specific subscription or sometimes defined by any discounts offered to you).

Upon Your order, You hereby authorize us to charge Your credit card for the monthly subscription fee on a RECURRING basis whereby Your card will be automatically charged every thirty days from the commencement of your membership until You cancel the membership. We will charge Your credit card the amount of the Rental Fee immediately upon Your rental order or checkout where you confirm and submit – “Rent Now”.

In addition, at the time of Your order of a Product, You hereby authorize Zarrel to charge Your credit card for the ORIGINAL RETAIL VALUE of that Product (when new) as set forth, plus any applicable taxes (“Retail Value”); provided that we will only charge the Retail Value in the circumstances set forth in Section 4 below.

Rental Fees includes all federal, state and local taxes and fees.

You may cancel Your subscription any time before the last six (6) working days of the next recurring payment date to avoid being charged for another month. We will note this request cancellation in Your account. You will need to return Your pack in the next three (3) working days for successful cancellation and avoiding charges of the next month. You understand that by purchasing this subscription based program from Zarrel, You authorize us to continue renewing Your membership automatically and continuously, charged monthly to the payment method provided until You cancel. If You do not put return Your pack and continue to keep Your pack in Your possession, we reserve the right to continue to charge Your monthly subscription until we receive Your pack back. To cancel You may use the cancellation panel in Your account.

 

  1. Zarrel Offering.
  1. Delivery

All deliveries will be made as per Zarrel delivery and mailing schedules. We do NOT guarantee the delivery date of items and You agree that items in Your pack will be based on Your submitted items into ‘My Closet’ according to the sizes. You agree that sometimes Zarrel Products may appear slightly different in color and style than the photos displayed on our website.

  1. Cleaning

All Products will be professionally cleaned and delivered ready to wear for each consumer. We tumble wash and / or dry clean and inspect each Product with the utmost care, but use of the Product is at your own risk and Zarrel shall not be held liable for any health-related complaints associated with a product rented from our site.

  1. Return Packaging

With delivery of the Product, we will provide You with a pre-paid, pre-addressed envelope to return the products to Zarrel. (“Return Packaging”).

  1. Service

On our Website, we offer various Products for Your picking. Our Products and Services are provided “AS IS” without guarantee as to results.

 

  1. Refunds

Refunds; If an item or multiple items are not to Your taste, We cannot offer a refund. Refunds will only be issued for items that are defective. Refunds will not be given for styles that do not meet individual taste. If an Item arrives that is too small or too big, but we have sent it based on the sizes You selected, We cannot offer an exchange or refund. Every brands’ sizing chart varies and We cannot be held responsible for such variations. If a mistake is made based on not following a size selected in Your profile, We will make an exchange.

 

  1. Your Commitments to Us; Payment of Retail Value.
    • . Receipt of the Products

Upon delivery, You bear responsibility for the Products. In the event that an unsecure shipping address is provided, Zarrel does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a secure shipping address may result in delivery delays and additional delivery fees for which Zarrel is not to be held liable, but You will be held liable.

  1. Purchase of Items

To keep an item from Your pack, You can either write into admin@zarrel.com.my or leave it out of Your pack when returning. Each item not returned will be charged to Your credit card according to the Retail Price listed. Your notification of wanting to keep an item or Your choice of leaving it out of Your pack when returning, gives us permission to charge Your card for the Item.

 

  1. Use of the Products

You agree to treat the Products with great care, and return the Products in the same condition as they were delivered to You. You are completely responsible for loss, destruction or damage to the Products due to theft, disappearance, fire, stains or any other cause, other than normal wear and tear.

Normal wear and tear encompasses minor stains, stuck zippers or other minor damage covered by the subscription price You paid in order to rent the item. If You return a Product that is damaged beyond normal wear and tear, then You agree that we shall charge You, and You shall pay, for repairing or replacing the Product, as determined in our discretion, up to the Retail Price for the Product as stated in the purchase email we Will send notifying You of this.

  1. Collections: If You do not pay the amounts You owe us when due, then We may institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees.
  2. Removal: We reserve the right to terminate Your right to be a subscriber of Zarrel at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
  1. Email

We will use the preferences and orders You provide on our Website to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by clicking on the links provided at the bottom of those e-mails when available.

 

  1. Limitation of Liability.
    • . No Indirect Damages.IN NO EVENT SHALL ZARREL (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ZARREL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
    1. Limited Direct Damages.ZARREL’S (AND ITS SUPPLIERS’ AND LICENSORS’) AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE
    2. Use of Results at Your Risk.YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.

 

  1. Miscellaneous

This Agreement constitutes the entire agreement between You and Zarrel with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only by Zarrel. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed under the laws of Malaysia. You shall not assign this Agreement without Zarrel’s prior written consent. Termination of this Agreement will not relieve.

Sections 1, 2, 3, 4, 5, 6, and 7 shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. Zarrel shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.