RAVE BABE APPAREL CUSTOMER RENTAL AGREEMENT
These terms and conditions (the "Agreement") are a legal agreement between you ("You" or "Your") and Rave Babe Apparel, with an office at 31 Butterwick Court, Sacramento, CA 95838 ("Rave Babe Apparel," "we," "us," "our", or "RBA"), establishing terms and conditions under which You will submit information to, and rent rave wear (each a "Product" and collectively, "Products") and receive related services ("Services") from, Rave Babe Apparel via our website at www.ravebabeapparel.com (the "Website").
1. General; Rental Not Purchase; Adult Agreement Required.
2. Rental Fees; Payment 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 payment card for the Rental Fee. We will charge Your payment 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 Rave Babe Apparel to charge Your payment card for an amount equal to 200% of the entire original retail value of that Product (when new) set forth on the Website, ("Retail Value") plus applicable sales taxes; provided that we will only charge Your payment card for an amount greater than the Rental Fee 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 Rave Babe Apparel, shall be paid by You to Rave Babe Apparel 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 Rave Babe Apparel 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. Our Commitments to You.
- 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.
- 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.
- First Rental of a Designer's Product. In order to provide greater assurance that a Product from a new designer (i.e., one from whom You have not previously ordered a Product through Rave Babe Apparel) will fit properly, You may opt to order a second size of the same Product at no charge, or a reduced charge, for the same days for which You rent the first size of that Product (a "Designer Spare"), subject to availability. In such event, any Designer Spare must be returned together with the Product with which it was ordered. These terms and conditions shall apply to the Designer Spare just as to any other Product, including without limitation the requirements of Section 2 and Section 4; provided that (A) Section 3(b)(1) will not apply to a Product or Designer Spare unless both the Product and the Designer Spare are returned together in conformance with Section 3(b)(1) and (B) no credit will be issued to You for the Designer Spare unless you were originally charged for it by us. We may discontinue the availability of Designer Spares at any time.
- 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. Any Backup Products must be returned together with the Product with which it was ordered. The terms and conditions of this Agreement also apply to any Backup Products. We may discontinue the availability of Backup Products at any time.
- Delivery; Clean and Ready to Wear. The shipping method used will be at the discretion of Rave Babe Apparel. The Products can be delivered to you until 8:00 pm on your rental start date. The Products will be professionally cleaned and delivered ready to wear. We machine wash and carefully inspect each product with the utmost care, but use of the product is at your own risk and Rave Babe Apparel shall not be held liable for any health-related complaints associated with a product rented from our site.
- 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 Rave Babe Apparel ("Return Packaging").
- 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 Rental Fee; Fees for Late Returns.
- Receipt of the Products. Upon 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, Rave Babe Apparel 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 Rave Babe Apparel is not to be held liable, but You will be held liable.
- 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.
- Return of the Products; Extensions. You agree to return the Products to Rave Babe Apparel in the Return Packaging on the return date for the Products that is identified in the online invoice for Your order. You may extend Your order for a Product on the Website or by email to Rave Babe Apparel; 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. You must return the Product by delivering the Product in the Return Packaging to a UPS store located in the United States 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 fifty dollars ($10.00) will be charged to the payment card You used to pay the Rental Fee or to any other payment card included in Your account information that You have provided to Rave Babe Apparel for every day that you are late returning the Products, and You agree to pay such late fees, up to an amount not to exceed 200% of the Retail Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within twenty (20) days after the return date for the Product, Your late return will be considered a non-return and Rave Babe Apparel will charge Your payment card the maximum late fee set forth above, less any late fees that You have already paid, plus applicable sales tax.
- 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 Rave Babe Apparel with a tracking number.
- Payment of 200% of Retail Value. We will not charge You for more than an amount equal to 200% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 4, excluding collection costs. If You pay us an amount equal to 200% of the 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 other charges payable by You pursuant to this Section 4.
- 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.
- 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.
- 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 the unsubscribe button located at the bottom of those e-mails when available.
5. Details on Our Commitment to You.
- 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.
- Remedies. Your sole and exclusive remedy and Rave Babe Apparel's sole and exclusive liability for a breach of Rave Babe Apparel's limited warranty shall be, at Rave Babe Apparel's option, Rave Babe Apparel'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).
- 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.
- No Indirect Damages. IN NO EVENT SHALL RAVE BABE APPAREL (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 RAVE BABE APPAREL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- Limited Direct Damages. RAVE BABE APPAREL (AND ITS SUPPLIERS' AND LICENSORS') AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, THE PRODUCTS AND/OR 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.
- 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.