These terms and conditions are a legal agreement between you ("You" or "Your") and Something Borrowed NY, LLC., (DBA HAPPILY EVER BORRO WED) with corporate offices at 434 w 19th street - apt 1b, New York NY 10011 ("Something Borrowed NY, LLC.," "we," "us," or "our"), establishing terms and conditions under which You will submit information to, and rent dresses and accessories (each a “Product” and collectively, "Products") and receive related services (“Services”) from, Something Borrowed NY, LLC. via our website at www.happilyeverborrowed.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. 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; Adult Agreement Required.
2. Rental Fees; Credit Card Authorizations; Cancellations.
The rental fee (“Rental Fee”) for the Products will be the rental fee, insurance charges and delivery charges listed on the Website in connection with Your rental of the Products. Upon Your order for a Product, You hereby authorize us to charge Your credit card for the Rental Fee. We will charge Your credit card the amount of the Rental Fee immediately upon Your rental order. A reservation of a Product on our Website is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of Your order of a Product, You hereby authorize Something Borrowed NY, LLC. to charge Your credit card for the entire original retail value of that Product (when new) 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 4 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 Something Borrowed NY, LLC., shall be paid by You to Something Borrowed NY, LLC. 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, you will be charged half of the initial rental fee.
3. Our Commitments 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. See Section 5(b) below.
1. Return of Unworn Products Due to Size. If Your Product does not fit You, then You may return the Product to us within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting us via email or phone and returning the Product in conformance with the return procedures in Section 4(b) below (a “Sizing Return”). We will then issue you a credit for the full Rental Fee (less delivery charges) of the Product for a future rental by You of our Products, so long as the Product, in our sole discretion, has not been worn.
2. Backup Products. If You order a Product hereunder, You may also order a backup Product (at the same or lower price tier as the first Product) (a “Backup Product”) for a reduced rate, as set forth on our Website, for the same time period that You order the first Product; provided that the sizing guarantees and credits under Section 3(b)(1) shall not apply. We may discontinue the availability of Backup Products at any time.
Delivery; Clean and Ready to Wear. Your Products may be ordered and couriered to You on the
same day for certain orders placed by 2 p.m. in New York City, subject to the
additional delivery charge set forth on the Website. Otherwise, all deliveries
d. Return Packaging. With delivery of the Product, we will provide You with a pre-paid, pre-addressed envelope as well as instructions for Your use in returning the Products to Something Borrowed NY, LLC. (“Return Packaging”).
e. Services. On our Website, we offer various Services to assist You in selecting a Product. Our Services are provided “AS IS” without guarantee as to results.
4. Your Commitments to Us; Payment of Retail Value.
Receipt of the Products. Upon delivery, You bear responsibility
for the Product(s). If however, You opt to have Your Products delivered in
b. Use of the Products. You agree to treat the Products with great care, as if it was borrowed from Your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious 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 Retail Value for the Product.
c. Return of the Products; Extensions. You agree to return the Products to Something Borrowed NY, LLC. in the Return Packaging on the date set forth on the Website in connection with Your order. You may extend Your order for a Product on the Website or by phone to Something Borrowed NY, LLC.; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. Return of the Product will be accomplished by You placing the Product in the Return Packaging in any appropriate U.S. Postal Service mailbox 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 will be charged to You every day that you are late on top of the initial rental fee already charged, and You agree to pay such additional fees, up to 200% of the Retail. If You lose the Return Packaging, You will be responsible for returning the item at your own expense by the expected return date, and providing Something Borrowed NY, LLC. with a tracking number.
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 4, excluding collection costs. If You pay us the full Retail Value under this Section 4 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 4.
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.
g. 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 emailing email@example.com or following the links provided at the bottom of those e-mails when available.
5. Details on Our Commitment to You.
a. Limited Warranty. The limited warranties set forth in Section 3 apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in Section 3. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in Section 4 of this Agreement.
b. Remedies. Your sole and exclusive remedy and Something Borrowed NY, LLC.’s sole and exclusive liability for a breach of Something Borrowed NY, LLC.’s limited warranty shall be, at Something Borrowed NY, LLC.’s option, Something Borrowed NY, LLC.’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Rental Fee (excluding insurance and delivery charges).
c. Disclaimers. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, 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 PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.
6. Limitation of Liability.
1. No Indirect Damages. IN NO EVENT SHALL SOMETHING BORROWED NY, LLC. (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 SOMETHING BORROWED NY, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
2. Limited Direct Damages. SOMETHING BORROWED NY, LLC.’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.
3. 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 Something Borrowed NY, LLC. 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 Something Borrowed NY, LLC.. 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 by and construed in accordance with
the laws of the State of