LENDPERK CUSTOMER RENTAL AGREEMENT
These terms and conditions (the "Agreement") are a legal agreement between you ("You" or "Your") and Lendperk ("Lendperk," "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, Lendperk via our website at www.lendperk.com (the "Website").
1. General; Rental Not Purchase; Adult Agreement Required.
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 dresses that can be rented by You and our other customers to ONE (1) at any time with the purchase of a subscription.
2. Rental Fees; Credit Card Authorizations; Cancellations.
The rental fee ("Rental Fee") for the Products will be the rental fee as defined on the website for your specific package and any insurance charges listed on the Website in connection with Your rental of the Products. Upon Your purchase of the monthly Lendperk subscription, You hereby authorize us to charge your credit card for the Rental Fee and / or monthly subscription fee.
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 Lendperk 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, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by Lendperk shall be reimbursed by You to Lendperk in connection with Your order for the rental. You may cancel Your order for Products at least fourteen (14) 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 Lendperk purchase. If purchasing a membership based program, you authorize us to continue your membership automatically, charged monthly to the payment method provided until you cancel.
3. Lendperk Offering.
All deliveries will be made as per Lendperk delivery and mailing schedules. We do NOT guarantee the delivery date of items.
a. Return of Unworn Products Due to Size. If Your Product does not fit You, then You may return the Product(s) to us by simply mailing to us using the pre-paid label and inform us via email or phone that you are returning the Product(s). You can then check out another Product in a different size.
c. Cleaning All Products will be professionally cleaned and delivered ready to wear for each consumer. We hand wash and steam clean and / or dry clean and inspect each product with the utmost care, but use of the product is at your own risk and Lendperk shall not be held liable for any health-related complaints associated with a product rented from our site.
d. Return Packaging. With delivery of the Product, we will provide You with a pre-paid, pre-addressed envelope or box as well as instructions for Your use in returning the Products to Lendperk ("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.
a. Receipt of the Products. Upon delivery, You bear responsibility for the Product(s). In the event that an unsecure shipping address is provided, Lendperk 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 Lendperk is not to be held liable, but You will be held liable.
b. Use of the Products. You agree to treat the Products with great care, and return it in the same condition as was 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.
a. Normal wear and tear encompasses minor stains, missing beads, stuck zippers or other minor damage covered by the subscription price you paid in order to rent the dress. 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 as advertised on our site or explained to you in the package delivered to you.
c. 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.
a. 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.
b. 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.
d. 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.
e. 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.
f. Remedies. Your sole and exclusive remedy and Lendperk's sole and exclusive liability for a breach of Lendperk's limited warranty shall be, at Lendperk's option, Lendperk'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).
g. 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.
5. Limitation of Liability.
a. No Indirect Damages. IN NO EVENT SHALL LENDPERK (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 LENDPERK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
b. Limited Direct Damages. LENDPERK'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.
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 Lendperk 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 Lendperk. 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 New York, excluding its conflicts of laws principles. You shall not assign this Agreement without Lendperk's 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. Lendperk 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.