This Rental/Purchase Agreement (this "Agreement") is by and between the party clicking the "I ACCEPT" button ("you" or "your") and Little Borrowed Dress, Inc., a Washington corporation ("Little Borrowed Dress," "we," "us," or "our"). This Agreement sets forth the terms and conditions under which you may rent and/or buy dresses and other apparel owned by Little Borrowed Dress (each a "Product" and collectively, "Products"), receive related services ("Services"), and submit information to us via the web site located at www.LittleBorrowedDress.com (the "Web Site").
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING THE "I ACCEPT" BUTTON YOU ARE (1) AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND (2) REPRESENTING THAT YOU ARE OVER 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "I DO NOT ACCEPT" BUTTON. YOU WILL NOT BE PERMITTED TO RENT OR BUY THE PRODUCTS.
PRODUCTS MAY APPEAR DIFFERENT IN SIZE, COLOR AND STYLE THAN THE PHOTOS DISPLAYED ON THE WEB SITE. ADDITIONALLY, DUE TO THE NATURE OF DYING FABRIC, THE COLOR OF THE ACTUAL FABRIC OF THE PRODUCTS MAY DIFFER IN COLOR FROM ANY FABRIC SWATCHES.
WHEN ORDERING PRODUCTS, YOU ARE SOLELY RESPONSIBLE FOR CHOOSING THE APPROPRIATE SIZE. WE RECOMMEND THAT BODY MEASUREMENTS ARE TAKEN BY A PROFESSIONAL FOR THE GREATEST LIKELIHOOD OF FIT. IF YOU ARE BETWEEN SIZES, WE RECOMMEND THAT YOU ORDER THE LARGER SIZE. WE ARE NOT RESPONSIBLE FOR AND, UNLESS EXPRESSLY PROVIDED HEREIN, HAVE NO OBLIGATION TO ACCOMMODATE ANY SIZE FLUCTUATIONS THAT OCCUR FROM THE TIME OF YOUR ORDER.
WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE. ANY CHANGES WILL APPLY ONLY TO THE RENTAL OR PURCHASE OF PRODUCT(S) AFTER THE DATE OF SUCH CHANGE.
RENTAL TERMS AND CONDITIONS
The following terms and conditions, together with the General Terms and Conditions below, apply to all rentals of Product(s) from Little Borrowed Dress.
1. Rental of Products. By agreeing to rent Product(s), you acknowledge and agree that ownership of the Product(s) shall remain with Little Borrowed Dress at all times.
2. Rental Fee. The rental fee ("Rental Fee") for each Product will be the aggregate amount of the base rental fee as stated on the Web Site at the time of your order plus applicable shipping and insurance fees. Upon the completion of your order, we will immediately charge your credit card for the full amount of the Rental Fee, regardless of how far in advance your order occurs relative to the "Event Date" specified in your order (the "Event Date").
3. Delivery of Rented Products. We will deliver Product(s) in the size(s), color(s) and style(s) specified in you order no later than fourteen (14) calendar days prior to the Event Date. The Product(s) will be professionally cleaned. If we fail to (i) deliver any Product by the stated delivery date or (ii) deliver any Product(s) in the size(s), color(s) and style(s) specified in your order, then you must notify us within one (1) day after the stated delivery date or the date that your receipt of your order, as applicable. Your sole remedy against Little Borrowed Dress is either: (i) the delivery of replacement Product(s) in the correct size(s), color(s) or style(s) prior to your Event Date (subject to availability and time and delivery restrictions); or (ii) a full refund of your Rental Fee, to be credited upon the return of the non-conforming products in accordance with Sections 7 and 8. Such remedy will be determined by Little Borrowed Dress in its sole discretion
4. Cancellation. You may voluntarily cancel your order and receive a full refund of the Rental Fee sixty (60) or more days prior to your Event Date. Except as specifically set forth in Section 6, no refunds will be given for cancellations that are less than sixty (60) days prior to your Event Date.
5. Order of Two Sizes. You may choose to receive a Product in two separate sizes at the time of your order for no additional charge (subject to availability). You may only wear one of the two Product that you recieve.
6. Order of Additional Size, Purchase or Refund. If no Product(s) delivered with your original order fits, you must notify us by phone or email within 24 hours of receiving the Product(s). At this time, you will have the option of (i) receiving one additional Product in a different size for the cost of shipping (subject to availability and time and delivery restrictions), (ii) purchasing one of the delivered Product(s) on an “AS IS – WHERE IS” basis for a discounted purchase price of the Rental Fee plus $50, so that you may have the Product professionally altered to fit you, or (iii) cancelling your order and receiving a full refund of the Rental Fee, which will be credited upon the return of all Product(s) in accordance with Sections 7 and 8.
7. Return of Rented Products. You are responsible for the return of all Product(s) to Little Borrowed Dress by the applicable due dates. We will provide you with a pre-paid, pre-addressed envelope for each Product delivered to you, as well as instructions for your use in returning the Product(s) ("Return Packaging"). If you lose the Return Packaging, you will be responsible for obtaining replacement packaging and returning the Products at your own cost and expense. A Product will be deemed to be returned when you place it in any appropriate U.S. Postal Service mailbox, as reflected by a valid U.S. postmark.
8. Due Dates. The following due dates apply to the return of Products:
a. Prior to Event Date – Non-Conforming Products. If we deliver Product(s) that are not the size, color or style as specified in your order, you must return the non-conforming Products within two days from the date you notify us that we did not deliver Product(s) as specified in your order. You are responsible for the return shipping costs.
b. Prior to Event Date – Non-Fitting Products. If you receive multiple Products with your original order and/or pursuant to Section 5 and either (i) one of the Products fits or (ii) you elect to purchase a Product to get it professional altered, then you must return all of the non-fitting Products no later than 2 days prior to your Event Date. If you fail to return a non-fitting Product by its due date, you acknowledge that you will be charged an additional Rental Fee for each non-fitting Product and will be deemed to have rented the non-fitting Product subject to all of the terms and conditions of this Agreement, including without limitation late fees.
c. After the Event Date – You must return the Product on the first (1st) business day following the Event Date.
9. Late Fees. If you return a Product at any time after its applicable due date, we will charge your credit card a late fee of $20 per Product per day, up to the full Purchase Price for the applicable Product as stated on the Web Site (plus applicable Taxes) at the time of your order.
10. Lost or Damaged Products. You are responsible for the loss, destruction or damage to such Products, regardless of the reason for the loss, destruction or damage to the Product(s) – normal wear and tear excepted. Normal wear and tear includes minor stains, odors, tears, missing beads, and stuck zippers. Damage beyond normal wear and tear includes, without limitation, stains or odors that are unable to be removed with normal professional dry cleaning, tears to the seams of the Products that exceed one inch in length, tears to any portion of the Product(s) outside the seams, regardless of the size of such tears, and any burns to the Product(s), regardless of the size and location. Little Borrowed Dress, in its sole discretion, will determine whether to repair or replace any damaged Product beyond normal wear and tear and will be entitled to charge your credit card for damage or destruction that we, in our reasonable discretion, determine to be damaged beyond normal wear and tear. Alternatively, if you notify us that a Product has been damaged beyond normal wear and tear at any time prior to the return any Product, you may elect to purchase the unreturned Product on an "AS IS – WHERE IS" basis and we will charge your credit card the difference between the Rental Fee and the full Purchase Price for such Product as stated on the Web Site (plus applicable Taxes) at the time of your order.
11. Authority to Charge Additional Amounts. You expressly authorize Little Borrowed Dress to charge your credit card, in addition to and separate from the Rental Fee, for any amounts necessary to (i) pay any late fees, (ii) complete a purchase of Product(s) pursuant to Section 5 or Section 10 and (iii) pay all costs and expenses incurred by us to replace or repair any destroyed or damaged Products – in all cases up to the full amount of the Purchase Price of the applicable Product(s) as stated on the Web Site at the time of your order, plus all applicable Taxes.
PURCHASE TERMS AND CONDITIONS
The following terms and conditions, together with the General Terms and Conditions below, apply to all purchases of Product(s) from Little Borrowed Dress:
12. Purchase of Products. Products marked for sale on our website are available for purchase at the Purchase Price stated on the Web Site at the time of your order, plus all applicable Taxes and shipping fees. Upon the completion of your order, you authorize us to charge your credit card for the full amount of the Purchase Price and all applicable Taxes and shipping fees and acknowledge that we will charge full amount of the Purchase Price immediately upon receipt of your order.
13. Shipping of Products. Products purchased from Little Borrowed Dress usually arrive within 6-8 weeks after the date your order is placed. We will notify you if Products are expected to arrive after this time period.
14. All Sales Final. Due to the fact that Products purchased from Little Borrowed Dress are made-to-order, there are no cancellations, changes, credits, exchanges or returns on the Products and all sales are final. If you become pregnant after your order is submitted, but before your Product has been worn, we will use commercially reasonable efforts to make a one-time exchange before your Event Date, but cannot guarantee that we will be able to make such an exchange.
GENERAL TERMS AND CONDITIONS
15. Secure Shipping Address. You acknowledge and agree that you have provided or will provide a Secure Shipping Address (defined below) to Little Borrowed Dress. A "Secure Shipping Address" is defined as a location where an individual can physically receive and sign for delivered Product(s). In the event you provide a shipping address that is not a Secure Shipping Address, Little Borrowed Dress does not bear any liability for the loss, theft or damage of any Product left unattended at any such address. Additionally, you acknowledge and agree that the failure to provide a Secure Shipping Address may result in delivery delays and additional delivery fees, for which Little Borrowed Dress will not be liable.
16. Taxes. Unless otherwise indicated on the Web Site, the Rental Fee and/or Purchase Price excludes all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments (collectively, “Taxes”), all of which shall be paid by you directly or, if paid by Little Borrowed Dress, shall be paid by you to Little Borrowed Dress in connection with your order.
17. Rental and/or Purchase to Adults Only. You acknowledge and agree that you are over 18 years of age and are legally entitled to pay the Rental Fee and/or Purchase Price for the Products via a credit card or other approved payment method on the Web Site.
18. Rental and/or Purchase for Use by Others. You may rent or purchase Products for use by other individuals, including individuals who are under 18 years of age. If you rent or purchase Products for use by another individual, you remain subject to the terms and conditions of this Agreement, including without limitation your obligation to pay to any and all fees, costs and expenses that may be owed to Little Borrowed Dress under this Agreement.
19. Services. We may offer various Services to assist you in selecting one or more Products whether on the phone or through the Web Site. All Services are provided on an "AS IS" basis without any warranties, express or implied, or any additional guarantees.
20. Limitation of Liability. The following subsections (a) through (e) limit the potential liability of Little Borrowed Dress arising out of this Agreement:
a. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LITTLE BORROWED DRESS IS NOT MAKING ANY REPRESENTATIONS, WARRANTIES, PROMISES OR COVENANTS, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCT(S), THE SERVICES OR THE USE OR RESULTS THEREOF.
b. INDIRECT AND CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL LITTLE BORROWED DRESS (OR ITS SUPPLIERS, VENDORS 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 LITTLE BORROWED DRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
c. MAXIMUM LIABILITY. THE AGGREGATE LIABILITY OF LITTLE BORROWED DRESS (OR ITS SUPPLIERS, VENDORS OR LICENSORS) 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 OR PURCHASE PRICE PAID BY YOU FOR THE APPLICABLE PRODUCT.
d. ASSUMPTION OF RISK. THE USE OF THE PRODUCTS IS AT YOUR OWN RISK AND LITTLE BORROWED DRESS SHALL NOT BE HELD LIABLE FOR ANY HEALTH-RELATED COMPLAINTS ASSOCIATED WITH ANY PRODUCTS RENTED FROM OUR SITE. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM THE USE OF ANY PRODUCTS.
e. FORCE MAJEURE. LITTLE BORROWED DRESS SHALL NOT BE LIABLE FOR ITS FAILURE TO PERFORM ANY OF ITS OBLIGATIONS HEREUNDER BY REASONS THAT ARE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, FIRE, EARTHQUAKE, HURRICANES, OTHER NATURAL DISASTERS OR ACTS OF GOD, WAR, EMBARGO, RIOTS, ACTS OF TERRORISM, INTERRUPTIONS IN SUPPLY, AND INTERRUPTIONS IN INTERNET AND OTHER COMMUNICATIONS SERVICES.
21. Indemnification. You agree to indemnify, defend and hold harmless Little Borrowed Dress and its successors, officers, directors and employees from any and all actions, causes of action, claims, demands, costs, liabilities, expenses, and damages (including attorneys' fees) arising out of, or in connection with (ii) any claims for bodily injury, death or property damage to the extent caused by you while using the Products or (ii) any other claim that, if true, would constitute a breach of this Agreement by you.
22. Cost of Collections. If, for any reason, we need to institute collections procedures to collect any payment owed to us, you agree to pay our costs of collection, including without limitation reasonable attorneys fees, in addition to any other fees and costs described in this Agreement.
23. Termination. We reserve the right to terminate this Agreement at any time in our discretion, whether in the event of your breach of this Agreement, for any other reason or for no reason. Termination shall be effective upon notice to you from Little Borrowed Dress. The termination of this Agreement will not relieve you of any unpaid payment obligations hereunder. If we terminate this Agreement prior to delivery of any Products ordered by you, we will refund your Rental Fee and or Purchase Price.
24. Use of Email. We will use the preferences and orders you provide on the Web Site to send you emails and other marketing materials for other Products. You may opt out of receiving those e-mails by sending a request to email@example.com or by following the links provided at the bottom of those emails, when available.
26. Integration. This Agreement constitutes the entire agreement between you and Little Borrowed Dress with respect to the subject matter hereof and represents 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.
27. Amendments and Waivers. Any term of this Agreement may only be waived, amended or modified upon by the express written consent of Little Borrowed Dress. The amendment or waiver of any term or condition or any breach thereof by Little Borrowed Dress shall not constitute an amendment or waiver or otherwise affect any other term of condition of this Agreement.
28. Governing Law and Venue. The Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding conflicts of laws principles. Additionally, you irrevocably consent to the jurisdiction of the state and federal courts located in the state of New York with venue in New York, New York.
29. Assignment. This Agreement may not be assigned, delegated, sold or otherwise transferred without the prior written consent of Little Borrowed Dress.
30. Severability. 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.