Rental Agreement

RENTAL AGREEMENT 

This rental agreement (“this agreement”) is hereby entered into by and between you and Red Carpet Rocks, LLC (“RCR”, “us”, or “we”).

We rent costume jewelry products (“product”) to the general public through our online store on this website (“store”) for delivery within each of the fifty states of the United States of America, except Alaska and Hawaii. When you place an order through our store to rent our product, you agree to be bound by each of the terms, provisions, conditions, requirements, obligations, and duties described in this agreement. Additionally, this agreement incorporates herein by reference our Service Terms and Privacy Statement, and you agree to likewise be bound by each of the requirements, terms, provisions, disclosures, and conditions contained therein. As such, please carefully read this agreement and our Service Terms and Privacy Statement.

You will complete each transaction to rent our product by checking out of our store. As part of the checkout process, you will be asked to read and agree to the following terms, provisions, conditions, requirements, obligations, and duties relating to your rental of our product.

  1. Rental Terms
    1. Our product is available for rental in each of the fifty states of the United States of America, except Alaska and Hawaii. We will not ship any product outside of said forty-eight states of the United States of America, and we shall not refund any payment made to us by any person or entity from outside of the United States of America.
    2. Age of User. Although our product may be used by persons who have not reached the age of majority, we rent our product only to adults, who shall pay for the rental of our product by use of a payment card or other approved payment method. By using our store, you represent that you are at least the age of majority in the jurisdiction in which you reside and that you are authorized to use the chosen payment method (including, without limitation, credit and debit cards) for the purpose of renting our product.
    3. We reserve the right to limit, cancel, or prohibit any rental of our product for any reason in our sole discretion, including but not limited to, the availability of our product, geographic limitations, and any violation of this agreement.
    4. Rental Period. Each customer shall be limited to a four-day rental period, which shall commence on the date on which the ordered product is received by the customer and which shall terminate at 12:00 p.m. EST/EDT on the third day subsequent to the date on which the product was so received by the customer (“Rental Period”). You shall, by the end of the Rental Period, ship the product back to us according to the terms provided in this agreement.
    5. When you check out of our store, you will be charged the following separate fees items: (i) a fee to rent our product (“Rental Fee”), (ii) a fee to ship the product to you and to ship the product back to us, and (ii) the amount of tax imposed on the Rental Fee by the state and local taxing authority from which you placed the order. Shipping shall be free for each Rental Fee that is equal to or greater than $75.00, excluding tax. The shipping fee shall be $9.95 for each Rental Fee that is less than $75.00, excluding tax. Said free shipping and said shipping fee shall include both shipping the product to you and returning the product to us. When you place an order with us through our store, you hereby authorize us to charge the Rental Fee, shipping fee, and taxes to the payment card provided to us by you upon checking out of our store. You additionally authorize us to charge to your payment card all Late Fees, as defined below, and, if necessary, the full retail value, as provided at our store, of each item that you fail to return to us within the time period specified herein.
    6. Our product will be delivered to you via 2-day shipping by FedEx. No shipment shall require a signature of the recipient of our product. Product ordered by 5:00 p.m. EST/EDT will be delivered by us to FedEx for 2-day shipment to you. Product ordered after 5:00 p.m. EST/EDT will be delivered by us to FedEx the day following the date on which you completed your order, for 2-day shipment to you. Further, our product will be shipped to you in one or more boxes with a return shipping label included in each box. You may return the product to us in the same box or boxes. You shall affix the return label to the box used by you to return the product to us, and you shall return the product to us by delivering each such box to FedEx.
    7. Late Fees. Subject to paragraph 9 herein, if you do not deliver the product to FedEx, as provided herein, by the end of the Rental Period, then you authorize us to charge to your payment card a late fee equal to one third (1/3) of the Rental Fee for each 24-hour period after the Rental Period during which you have failed to deliver the product to FedEx as provided herein (“Late Fee”).
    8. Your Failure to Return Our Product. You authorize us to charge to your payment card, in addition to the Rental Fee and the other fees paid by you, the full retail value, as provided at our store, of each product that you fail to deliver to FedEx within 72 hours after the end of the Rental Period of that product.
    9. Damaged, Stolen, Misplaced Product. The product shall be returned to us in the same condition in which you received it, except for conditions that we can remedy by our ordinary product maintenance processes. You agree to treat and care for each product in the same manner as if the product was a valuable item owned by you, and you thereby agree to take great care to preserve and keep safe the product received by you. You agree to immediately notify us if any product is received by you in a defective or damaged condition. If you promptly notify us of your receipt of defective or damaged product, we will, if we determine that the damage was not caused by your neglect, either, at your option, fully refund the Rental Fee, shipping fee, and taxes, or, without additional charge to you, ship to you a replacement product within a time period that is practicable to us. If our product is in any way damaged or destroyed after it is received by you, but not after you deliver it to FedEx, we may, in our discretion, charge to your payment card the cost to repair the damaged product or the retail value of the product as provided at our store.
    10. Order Cancellations and Refunds. If you cancel your order more than 14 days prior to the scheduled shipping date of your order, then we will fully refund to you the Rental Fee, shipping, and taxes paid by you for the order so cancelled by you. If you cancel your order 14 days, or fewer, prior to the scheduled shipping date of your order, then we will credit any future rental you place with us by the amount of the Rental Fee, shipping, and taxes paid by you for the order so cancelled by you.
    11. Product Size. If any of our product does not fit, then we will credit toward a future order placed with us by you the Rental Fee and taxes paid by you for that product.
    12. Product Cleansing. Each product, upon return to us, shall be cleaned and sanitized using commercially reasonable processes. We make no representation, warranty, or guarantee that such process will be effective in eliminating or destroying any and all biological forms, germs, bacteria, viruses, or other foreign matter. As such, by renting our product, you shall solely at all times assume any and all health risks related to, or caused by, coming into physical contact with our product, and you fully release us from any and all liability related thereto.
    13. You agree that we may contact you via telephone, electronic mail, text messaging, push notifications, or any other means of communication that we may choose for the purpose of communicating with you about our promotions, product offerings, specials, your order, shipping, late returns, late fees, your use of this website, any matter related to this agreement, or otherwise. Standard message and data rates charged by your mobile carrier may apply to the text messages we send to you. You may, if offered, opt out of receiving certain of these communications by following the instructions provided in such communication.
    14. Our Product is Not Necessarily New. We rent our product to multiple customers over time. As such, the product that you rent from us is not likely to be new, however, we intend for all of the product receive by you to look like it is new. If for any reason you are dissatisfied with the condition of the product, you may return it to us as provided in paragraph 9 above.
    15. Unavailable product. We will notify you if we are unable to ship to you the product that you ordered. In that case, you will have the option of receiving from us a different product as a replacement or requesting a refund of the Rental Fee, shipping, and taxes paid by you for the unavailable product.
    16. Authorized Charges to Your Card. You authorize us to charge to your payment card each of the charges and fees described in this agreement, including but not limited to, the Rental Fee, the shipping fee, the taxes, the Late Fee, the full retail value of each product damaged during the Rental Period, and the full retail value of each product that you fail to deliver to FedEx, for return to us according to the terms of this agreement, within 72 hours of the termination of the Rental Period.
  2. Disclaimer of Warranties

Any and all product shipped to you is (except as otherwise expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, and we disclaim all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstance shall Red Carpet Rocks, LLC, or our directors, officers, members, managers, employees, affiliates, agents, contractors, interns, suppliers, representatives, attorneys, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our product. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  1. Dispute Resolution, Arbitration, and Class Action Waiver

THIS RENTAL AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

  1. Binding Arbitration. In the event of any dispute between you and RCR, the party with the grievance agrees to first attempt to resolve the dispute informally by contacting the other party to this Agreement in a writing that explains the grievance and describes a proposed resolution to the dispute. If the dispute between us cannot be resolved informally within a reasonable amount of time, then, except as provided below, such dispute may be formally resolved only through final and binding arbitration conducted pursuant to the rules of the American Arbitration Association, and all such arbitration shall be conducted at the offices of USA&M located in the City of St. Louis, Missouri. Such arbitration shall be governed solely by the laws of the state of Missouri. Alternatively, any party to this Agreement may at any time following the above attempt to resolve the dispute, bring an action against any other party to this Agreement only in the small claims court of the Twenty-Second Judicial Circuit Court of Missouri. Missouri state law and procedure shall apply exclusively to all such actions.
  2. Class Action Waiver. You expressly waive any and all right to maintain any class action lawsuit in any forum. Any arbitration, claim or other proceedings by or between you and RCR shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
  3. Miscellaneous
    1. You additionally agree that any and all litigation between you and RCR, including but not limited to any arbitration, small claims court claim, state court claim, or federal court claim, shall be instituted and adjudicated in either federal or state court located in only the City of St. Louis, Missouri. You agree that said forum is convenient for you. You additionally agree, consent, and submit to Missouri possessing personal jurisdiction over you as to all legal process, and you waive any claim of forum non conveniens.
    2. Governing Law. This agreement is governed, construed, and interpreted pursuant to the laws of the State of Missouri, notwithstanding any principles of conflicts of law.
    3. Fees, Costs, and Expenses. In the event of any legal action or litigation between you and RCR in relation to this agreement, in which RCR prevails, RCR shall recover from you the fees, costs, and expenses incurred by it in relation to any such action, including but not limited to its reasonable attorney’s fees.
    4. Entire Agreement. This agreement is the entire agreement between you and RCR relating to the subject matter herein and shall not be modified except by RCR in accordance with the Service Terms, or as otherwise agreed in writing by you and RCR. No employee, agent, or representative of RCR has any authority to bind RCR with respect to any statement, representation, warranty, or any other communication, not specifically set forth in this Agreement.
    5. Severability and Waiver. If any term of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions, except where such is prohibited by law. The failure of a party to require or demand the performance of any provision of this Agreement will not affect such party’s right to require or demand performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement or any provision thereof constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
    6. You may not assign to any other person or entity any of your rights or obligations hereunder. RCR may assign this Agreement, including any term hereunder, at any time without notice to you.
    7. Force Majeure. RCR shall not be deemed in breach of this Agreement on account of any delay or failure to perform as required hereunder as a result of any cause or condition beyond RCR’s reasonable control.
    8. Headings and Captions. The headings and captions used in this Agreement are for convenience only and in no way define, limit or otherwise describe the scope or intent of this Agreement, or any provision hereof, or in any way affect the interpretation of this Agreement.

 

CONTACT US. Please send any questions about this agreement to RCR at info@redcarpetrocks.com.