Luxury Fashion Rentals, LLC
The following Terms and Condition comprise an agreement (referred to at times herein as “the Agreement”) between the users (“Users”) of this Website and/or the affiliated Mobile Application (the App*) (hereinafter “Members”) and Luxury Fashion Rentals, LLC (“Luxury Fashion Rentals”). The effective date of these Terms and Conditions is May 6, 2020.
Welcome to the Luxury Fashion Rentals Website (the “Website “), which is comprised of https://luxuryfashionrentals.com, as well as other web pages and the Mobile Application (“App”) operated by Luxury Fashion Rentals. The Website is offered to you, conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Website constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. The Website is an E-Commerce website.
Privacy
Your use of the Website is subject to Luxury Fashion Rentals’ Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.
Electronic Communications
Visiting the Website or sending emails to Luxury Fashion Rentals constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website satisfy any legal requirement that such communications be in writing.
Member Accounts
In order to use our service, you must create an account through the Website. Once you register and create an account through the Website, you are consenting that Luxury Fashion Rentals will obtain information from your credit report. Your first rental will require a credit check. Luxury Fashion Rentals reserves the right to run additional credit checks and cancel orders if necessary. Credit checks will not affect the Members’ credit. All Members must consent to have Luxury Fashion Rentals run their credit. You must be twenty one (21) years or older to create and register an account and use our service. You as a Member must agree to provide accurate personal information about yourself through the Website registration. If the information you provide on the Website is inaccurate, or we suspect that any information you have provided to Luxury Fashion Rentals in inaccurate, we reserve the right to terminate your account and refuse to provide service. The maintenance and confidentially of your account is solely your responsibility. Any activity which is related to your account also becomes your responsibility. If you suspect any activity on your account which you think is unauthorized, please contact Luxury Fashion Rentals immediately. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Luxury Fashion Rentals is not responsible for third party access to your account that results from theft or misappropriation of your account. Luxury Fashion Rentals reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion.
Luxury Fashion Rentals Services
In order to become a Member of Luxury Fashion Rentals, you must create an account through the Website, by providing all of the information that we require and complying with all of our Terms. Each Member has the ability to select from different items to rent, each of which will be available on the Website and the item will be shipped to their billing address. All rental periods and rates for each item are clearly listed on the Website. Luxury Fashion Rentals offers items for rent that have a fourteen-day (14-day) or thirty-day (30-day) rental period. Each rental period will have a different rental fee applied to the specific item. Currently there is no option for Members to purchase rental items. Members will have an initial rental period for how long they can rent each item; however, once that rental period is completed, the Member can either send back the item or rent it for an additional period. If the Member fails to return the rented item, the Member will automatically be charged for the next rental period using any payment method on the account one day after the rental due date. There is no limit to how many rental cycles a Member may have. Currently, our policy is that Members can only rent out one item at a time. Each Member will submit to a credit check once they select the first rental item. Luxury Fashion Rentals reserves the right to run additional credit checks and cancel orders, if necessary. Credit checks will not affect the Members’ credit. All Members must consent to have Luxury Fashion Rentals run their credit. If the Member’s credit check does not meet Luxury Fashion Rental’s standards, we will issue you a refund and there will be a five percent (5%) fee on the total of the order (rounded to the nearest dollar amount). This fee is to cover the processing charges associated with the order. Orders cannot be cancelled, but Members can receive store credit if the rental is sent back within two (2) business days of the item’s arrival. All shipping policies are listed clearly on the Website. The delivery time for each item will be determined on the stock availability, when the order is placed, the address of the Member, and any other circumstances which may impact the delivery. Luxury Fashion Rentals makes no guarantees on delivery time. Each rental period starts the day the rental is delivered. Every order will require one day of processing before the shipment is sent. Members may receive communications from Luxury Fashion Rentals, including emails, text messages, phone calls, and push notifications. Every shipment will require a signature when the delivery is complete. Any lost rentals after UPS confirmed the delivery is the responsibility of the Member. If a shipment cannot be located, the Member must immediately contact Luxury Fashion Rentals. Each item will be inspected and cleaned (excluding normal wear and tear) before being shipped. If the item is not in the condition which is expected when ordered, please contact Luxury Fashion Rentals upon receipt of the shipment. The rental item must be returned, along with the ship/return box, dust bag, and other items/accessories that come with the shipment. If an item is returned with damage above normal wear and tear, determined by Luxury Fashion Rentals, the Member will be responsible for the full retail amount of the item, plus nine and one half percent (9.5%) sales tax and a replacement fee. Luxury Fashion Rentals reserves the right to use any payment method to receive monetary damages. Once an item is fully paid for by the Member, the Member will have the option to keep the item; however, the Member will be liable and charged for the shipping costs. All Members are responsible in the event of a lost item, lending an item to others, theft, and any other circumstances that result in the item not remaining in its original condition. Members will be charged the full retail amount of the item plus nine and one half percent (9.5%) sales tax and a replacement fee. Luxury Fashion Rentals reserves the right to close any Member’s account at any time and/or cancel orders at any time.
Gift Cards
Luxury Fashion Rentals provides electronic-only gift cards and gift credits collectively referred to herein as “Gift Cards”). This Section describes the specific Terms and Conditions that apply to the sale, use, and redemption of Luxury Fashion Rentals’ Gift Cards.” Purchase and use of a Gift Card constitutes acceptance of the specific terms set forth in this Section, relating to the purchase, use, and redemption of Gift Cards, in addition to the overall Terms of this Agreement. Gift Cards may be purchased through the Website. Gift Cards are redeemable only for eligible Services at Luxury Fashion Rentals’ Website. Limits may apply to Gift Card redemption and use at Luxury Fashion Rentals’ discretion, and as stated in the Services. A Gift Card cannot be used to purchase other Gift Cards. Upon redemption of a Gift Card Luxury Fashion Rentals will deduct the value of the rental or purchase, plus any shipping and/or handling fees and sales tax. Any balance following these charges will remain on the Gift Card for future use. Digital Gift Cards will be issued electronically. No physical card will be provided the purchaser or recipient. A digital Gift Card number will be delivered to the recipient’s email address that the purchaser provides at the time of purchase of the digital Gift Card. The Purchaser is responsible for providing an accurate and deliverable recipient email address. Recipient usually will receive the digital Gift Card via email, within twenty four (24) hours of purchase, or on a subsequent delivery date that the Purchaser chooses. Digital Gift Cards may be redeemed by providing the digital Gift Card number at the time of checkout online on our Services at Luxury Fashion Rentals Website. Gift Cards shall be valid for a period of five (5) years from the date of Purchase and are not subject to any fees. Gift Cards are not redeemable or exchangeable for cash (except as required by state and/or federal law). Gift Cards cannot be reloaded and cannot be transferred for value. You should treat your Gift Card like cash and protect it accordingly. Title to the Gift Card and risk of loss thereof passes to the Purchaser upon sale. Luxury Fashion Rentals reserves the right to refuse to accept Gift Cards that it deems to have been fraudulently or illegally obtained. Luxury Fashion Rentals is not responsible if a Gift Card is lost, stolen, destroyed, damaged, or used without permission. Gift Cards will be replaced if lost, stolen, or damaged only with proof of purchase and only for the value shown on Luxury Fashion Rentals’ records. Luxury Fashion Rentals is not responsible if your Gift Card is used without your permission.
Billing
Luxury Fashion Rentals requires you to provide accurate and current method of payment. When you sign up to use our service you authorize Luxury Fashion Rentals to use any payment method to bill for each item you select to rent. You are also authorizing any other shipping costs, taxes & fees, and any other charges. In the event Luxury Fashion Rentals does not receive payment from you, or if your methods of payment are rejected, expired, or in any way unable to be processed, you agree to pay all outstanding balances. Luxury Fashion Rentals reserves the right to collect all outstanding balances from you by taking any appropriate and necessary legal action and/or using a third-party collection agency. Luxury Fashion Rentals reserves the right to contact you with the contact information you provided on your account. By creating an account, you are also consenting that Luxury Fashion Rentals reserves the right to share your contact information with legal entities and/or third-party collection agencies. You are responsible for all charges and fees applied to any of your methods of payment. You agree to notify Luxury Fashion Rentals within sixty (60) days in the event that there is a difference or erroneous charge to your account. Luxury Fashion Rentals can modify the price or any other features of the service at any time. Once a user becomes a Member, membership will continue indefinitely, unless terminated. Each user and/or Luxury Fashion Rentals may terminate the account at any time.
Credit Check
Every Member consents to, and authorizes Luxury Fashion Rentals to conduct, a credit check upon selecting their first rental item. Luxury Fashion Rentals reserves the right to run additional credit checks and cancel orders if necessary. Credit checks will not affect the Members’ credit and do not place an inquiry on the Members’ credit report. Each Member must provide accurate personal information regarding the credit check process, including, but are not limited to, the Member’s full name, address, date of birth, and other relevant and necessary information. Luxury Fashion Rentals requires a credit check to verify the legitimacy of every Member. If the Member’s credit does not meet Luxury Fashion Rental’s standards, Luxury Fashion Rentals will issue a refund. The Member will be charged a five percent (5%) fee on the total amount of the order (rounded to the nearest dollar amount). This fee is to cover the processing charges associated with the order. The refund will appear on the Member’s card within five to ten (5-10) business days.
Returns
Returns will only be accepted if the Luxury Fashion Rental’s tag remains attached to the item. The rental must be scanned by UPS and sent back to Luxury Fashion Rentals within 2 business days. Each item must be, and appear to be, unused and must have the tag on it. If the tag is removed for any reason, the Member will be charged the full rental price for the rental period selected. If any rental item is sent back after two (2) business days, the Member’s account will be charged the full rental price for the rental period selected. Luxury Fashion Rentals does not prorate any charges or refunds. A store credit will be issued for the value of the rental once the inspection is completed. Please allow three (3) business days once the rental item has arrived to allow a full inspection. The Member will receive store credit through email confirmation; store credit will only be valid for that Member’s account. The rental item must be returned along with the ship/return box, dust bag, and other items/accessories that come with the shipment. Members are allowed one return per order.
Attorneys’ Fees, Costs and Interest
If any action is commenced as a result of, or relating to, these Terms, the prevailing Party will be entitled to recover its reasonable attorneys’ fees and expenses of litigation. The prevailing Party also shall be entitled to recover prejudgment interest on its actual damages (and liquidated) damages, from the date of default to the date of judgment entry at the rate of ten (10%) per annum.
Reviews, Comments and Surveys
Luxury Fashions Rentals will allow members to post reviews and comments regarding the different products and services offered. All of the reviews are the opinions of the members. Luxury Fashion Rentals reserves the right to review and delete any reviews or comments posted by its members. Luxury Fashion Rentals is free to use any reviews, comments or information in a survey which you submit. All Members must write their own reviews and comments. Any references to retailers or use of inappropriate language, personal information, and HTML must be avoided. Any and all uploads to Luxury Fashion Rentals must be by individuals who are twenty one (21) years or older. If an upload is not your personal image or content, you must have permission to use it. If not, Luxury Fashion Rentals will not be liable for damages.
Ship/Return Box, Dust Bag, Other Items
All rentals will come in a ship/return box, a dust bag, and other items such as shoulder strap, top handle, etc. Members must return all items that come with the shipment. If any Member loses the ship/return box, the Member must properly and securely pack and store the rental item before shipping back to us. Any damages during transit will result in the Member being liable. Members will be charged fifty dollars ($50) for the lost ship/return box. Members are liable for any and all missing pieces which come with the shipment. Luxury Fashion Rentals will determine the charges to the member’s account.
Replacement fee
A replacement fee for damaged or lost product(s) must be charged because of the rarity and limited status of each item makes it very difficult to replace if damaged, lost, or not useable. Each rental item has its own unique replacement fee. All replacement fees will be charged using any of the payment methods on your account. Please reference the Replacement Fee Page.
Privacy
Any and all information you submit to Luxury Fashion Rentals is subject to our Privacy Policy. Please review carefully. See Privacy Policy
Governing Law, Jurisdiction and Venue
These Terms and Conditions are governed in all respects by the laws of the State of California, or where applicable, Federal Law, without regard to choice of law principles. Any action arising from or connected to these Terms or this Luxury Fashion Rentals’ Policies shall be brought in Los Angeles County, California.
Mobile Application Charges
Luxury Fashion Rentals is not responsible for any data overages, data rates or other fees that may apply to your mobile carrier.
Links to Third Party Websites or Services
The Website may contain links to other websites (“Linked Website”). Linked Websites are not under the control of Luxury Fashion, Rentals and Luxury Fashion Rentals is not responsible for the contents of any Linked Website including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. Luxury Fashion Rentals is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Luxury Fashion Rentals of the Linked Website or any association with its operators. Certain services made available via the Website are delivered by third party websites and/or organizations. By using any product, service or functionality originating from the Website domain, User hereby acknowledges and consents that Luxury Fashion Rentals may share such information and data with any third party with whom Luxury Fashion Rentals has a contractual relationship to provide the requested product, service or functionality on behalf of the Website users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website, strictly in accordance with these terms of use. As a condition of your use of the Website, you warrant to Luxury Fashion Rentals that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website is the property of Luxury Fashion Rentals or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Luxury Fashion Rentals’ content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Luxury Fashion Rentals and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Luxury Fashion Rentals or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Luxury Fashion Rentals from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Luxury Fashion Rentals Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Luxury Fashion Rentals, its, subsidiaries, affiliates, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Luxury Fashion Rentals reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Luxury Fashion Rentals in asserting any available defenses.
Arbitration
In the event the Parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the Parties, in Los Angeles County, California. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Notwithstanding the foregoing, either Party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Nothing herein shall prevent the parties to any dispute from agreeing to attend mediation at any time.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Luxury Fashion agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LUXURY FASHION RENTALS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. LUXURY FASHION RENTALS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LUXURY FASHION RENTALS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUXURY FASHION RENTALS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE , WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE , OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LUXURY FASHION RENTALS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Termination/Access Restriction
Luxury Fashion Rentals reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Luxury Fashion Rentals as a result of this agreement or use of the Website Luxury Fashions Rentals’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Luxury Fashion Rentals’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Luxury Fashion Rentals with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Luxury Fashion Rentals with respect to the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Luxury Fashion Rentals, with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Luxury Fashion Rentals reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. Luxury Fashion Rentals encourages you to review the Terms, periodically, to stay informed of our updates.
Contact Us
Luxury Fashion Rentals welcomes your questions or comments regarding the Terms. Please contact us at info@luxuryfashionrentals.com
Effective as of May 6, 2020