These Terms and Conditions are a legal agreement (the “Agreement”) between you (“You” or “Your”) and DRESSrenter, LLC, a Utah Limited Liability Corporation with offices at 615 W 9400 S, Unit 108, Sandy, UT 84070 (“DRESSrenter”, “We”, “Us”, “Our”) establishing terms and conditions under which You will submit information to, and rent dresses and accessories (a “Product(s)”) and receive related services (“Services”) from, DRESSrenter via our website at www.DRESSrenter.com (the “Website”).
BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON OR ORDERING THE PRODUCTS, 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, CLICK THE “I DO NOT ACCEPT” BUTTON AND YOU WILL NOT BE PERMITTED TO RENT THE PRODUCTS OR CHECKOUT FROM THE WEBSITE.
1. EDITING, DELETING, AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
2. GENERAL; RENTAL NOT PURCHASE; ADULT AGREEMENT REQUIRED
Users under the age of 13 are not permitted to use the site. Users ages 13-18 must be accompanied by an adult legal guardian in order to use the site. The guardian takes all legal responsibility for his or her use of the site, including any liabilities he/she may incur.
3. RENTAL FEES; CREDIT CARD AUTHORIZATIONS; CANCELLATIONS
The Rental Fee (“Rental Fee”) for the product(s) shall be the rental fee, insurance, shipping and delivery charges listed on DRESSrenter in connection with your rental of products. Upon your order of a Product your authorize Us to charge your credit card the Rental Fee. Your card will be charged immediately upon receipt of your Rental Order. Your card will be charged immediately regardless of how far in advance the item is rented. In addition, at the time of Your order of a Product, You hereby authorize DRESSrenter to charge Your credit card for the entire original retail value of the Product (when new) as set forth on the Website, plus sales taxes (“Retail Value”), provided that we will only charge the Retail Value in the circumstances set forth in Section 5 below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by DRESSrenter, shall be paid by You to DRESSrenter in connection with Your order for the rental. You may cancel Your order for Products at least seven (7) days prior to the ordered delivery date, subject to the following cancellation fees: (i) for cancellations that are thirty (30) or more days in advance of such delivery date, no cancellation fee; and (ii) for cancellations that are less than thirty (30) days in advance of such delivery date, full credit that can be applied to a future DRESSrenter purchase.
4. OUR GURANTEE TO YOU
a. Delivery to You. We will deliver the Products You ordered, including the specified size, color and design, on or before the date for which You ordered them, Except to the extent we informed You in connection with Your order that the specific Product was not guaranteed. Products may appear different in color and style than the photos displayed on our Website. Our liability to You for failure to do deliver the Product as ordered is limited to the timely delivery of Product as ordered or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by us. No Other Refunds Shall Be Given.
b. Delivery, Clean, and Ready to Wear. All shipment will be fulfilled through DRESSrenter’ shipping partners, which may change from time to time at the Company’s discretion. The shipping method used will be at the discretion of DRESSrenter. The Products can be delivered to you until 8:00 p.m. on your rental start date. The Products will be professionally cleaned and delivered ready to wear. We dry clean and inspect each product with the utmost care, but use of the Product is at Your own risk and DRESSrenter shall not be held liable for any health-related complaints associated with a Product rented from our site.
c. Return Packaging. DRESSrenter provides either a pre-paid envelope or label with each Rental Product to facilitate easy returns. You will also receive instructions on how to return the item to DRESSrenter.
d. Services. All Services provided by DRESSrenter are “AS IS” and offer no guarantee as to their results.
5. YOUR COMMITMENT TO US; PAYMENT OF RETAIL VALUE; LATE FEES
a. Receipt of the Products. Upon shipment and delivery, You bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, DRESSrenter 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 DRESSrenter is not to be held liable, but You will be held liable.
b. Use of the Products. You agree to treat the Products with the utmost care. You are responsible for loss, destruction or damage to the Products due to theft, disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance You paid for with your rental of the applicable Product. 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 the price for repairing or replacing the Product, as determined in our discretion, up to the Full Retail Value for the Product.
c. Return of the Products and Extension Periods. You agree to return the Products to DRESSrenter in the Return Packaging on the date set forth in connection with Your order, return date shall be emailed to You and provided in your shipment. Return of the Product will be accomplished by You placing the Product in the Return Packaging in any appropriate US Postal Service box or Post Office by 12 p.m. on or before the date that the Product is due. If You return the Products late or not at all, a late fee of five percent (5%) of the Retail Value per day will be charged to You each day the rental is late, and You agree to pay such fees up to the Retail Value of the Product. If You lose the Return Packaging, You will be responsible for all return shipping costs.
d. Payment of Retail Value. We will not charge You for more than the Retail Value plus the Rental Value, in the aggregate, for any charges arising under this Section 5, excluding collection costs. If You pay us the full Retail Value under this Section 5 and You still possess the Product, the Product is Yours to keep, though on an "AS IS" basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any charges for the Retail Value pursuant to this Section 5.
e. Collections. If You do not pay the amounts You owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys' fees.
f. Removal. We reserve the right to terminate your right to rent Products from us at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
6. LIMITATION OF LIABILITY
a. NO INDIRECT DAMAGES. IN NO EVENT SHALL DRESSrenter (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 DRESSrenter HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
b. LIMITED DIRECT DAMAGES. DRESSrenter (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.
c. 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.
This Agreement constitutes the entire Agreement between You and DRESSrenter 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 undertaking with respect to the subject matter hereof. Modifications may be made only by DRESSrenter. 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 or condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the province of Ontario, inclusive of its conflicts of laws principles. You shall not assign this Agreement without DRESSrenter' prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 1, 2, 3, 4, 5, and 6 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. DRESSrenter 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.