These terms and conditions are a legal agreement between you (“You” or “Your”) and Finery Boutique, LLC (“Finery Boutique,” “Finery,” “we,” “us,” or “our”), establishing terms and conditions under which You will receive related services (“Services”) from Finery and submit information to, rent dresses, and buy accessories (each a “Product” and collectively, “Products”) in-store at Finery Boutique and/or via our website at http://www.finerydressboutique.com (the “Website”). By using any of the Services or accessing the Website, you acknowledge that you have read, understood and agree to be bound by these Terms.
PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING ANY PART OF THE SERVICES, 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 YOU WILL NOT BE PERMITTED TO RENT AND/OR PURCHASE THE PRODUCTS. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL/PURCHASE OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.
- GENERAL CONDITIONS
This Agreement contains all the terms and conditions governing Your rental of Products from Finery Boutique. You agree and acknowledge that You are renting the Products and that ownership of the Products remains with Finery at all times. This applies to dresses available for rent. Accessories available for sale will change to Your ownership at the time of sale.
Children under 18 years of age may use the services offered under the supervision of parents or legal guardians 18 years of age or older who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any clothing or accessories (“Products”) – Finery rents only to adults 18 years of age or older. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child under 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.
Finery will accept credit or debit card payments ONLY, no cash or check is accepted as a payment method.
If You do not pay the amounts You owe to us when due, then Finery will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees.
We reserve the right to terminate Your right to rent or purchase 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.
We will use the email You provide on our Website and/or via your order to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by contacting us or following the links provided at the bottom of those e-mails when available.
The following additional conditions apply to the rental of any Product(s).
USE OF THE PRODUCT(S): You agree to treat the Products with great care. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, smoke damage, major stains or any other cause, other than normal wear and tear while the Product is in Your Care. Normal wear and tear encompasses minor removable and/or repairable stains, rips, missing beads, stuck zippers or other minor damage. 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.
RENTAL FEE: The rental fee (“Rental Fee”) for the Products will be the rental rate and dry cleaning expenses in connection with Your rental of the Products. Upon Your reservation for a Product, You hereby authorize Finery to charge Your credit or debit card for the Rental Fee. We will charge Your credit card the amount of the Rental Fee immediately upon Your rental order. A reservation for a Product is an order for the rental of that Product and will be charged immediately, regardless of how far in advance that Product is reserved. Rental Fees and listed Accessory prices exclude all federal, state and local taxes, all of which shall be paid by You directly in connection with Your order for the rental or purchase of Products.
ADDITIONAL CHARGES: In addition, at the time of Your order of a Product, You hereby authorize Finery Boutique to charge Your credit or debit card for the following additional charges, provided that We will only charge them in the circumstances described below. For each of these circumstances met, Finery will charge 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 Finery. 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.
(i) Original Retail Value: The entire original retail value of that Product, plus sales taxes (“Retail Value”) will be charged to You for non-return Products. A Product is considered non-return if You have failed to return the Product within fourteen (14) days after the return date for the Product; If you pay Finery an amount equal to 100% of the Retail Value and You still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind.
(ii): Late Fee: If you return the Product(s) late or not at all, a late fee of ten dollars ($10.00) will be charged for each day that You are late returning the Product(s). You agree to pay such late fees, up to an amount not to exceed 100% of the Retail Value plus applicable sales tax (in addition to the original the Rental Fee). If You have not returned a Product within fourteen (14) days after the return date for the Product, Your late return will be considered a non-return and Finery will charge You the maximum late fee set forth above, less any late fees that You have already paid, plus applicable sales tax.
(iii) Damaged Product Fee: As outlined above under ‘Uses of the Product’, if You return a Product that is damaged beyond minor wear and tear and requires repair, You will be charged an Inconvenience Fee of twenty-five dollars ($25.00), in addition to the full cost of the repairs.
(iv) Irreparable Fee: If a returned Product is damaged and deemed irreparable, You will be charged the full Retail Value of the Product.
(v) Missed Rental Fee: If any of the above circumstances are met and result in Finery missing a following Product reservation, You will additionally be charged the Rental Fee for those Reservations. If the conditions are met where the original Retail Value of the Product is charged, no additional Rental Fees beyond that point will be charged.
RENTAL RETURNS: You agree to return the Products to Finery by close of business on or before the return date for the Products that is identified at the time of order. If Your return date falls on a day Finery is closed for business, You are responsible for returning the Product by 12:00pm the following business day without incurring a late fee. Products returned after the identified return date are subject to an additional late fee identified above.
CANCELLATIONS: You may cancel Your order at any time prior to the reservation, subject to the following cancellation policy: (i) refunds will not be given for cancelled reservations, (ii) You will receive a store credit for the full value of that rental to be used towards a future order from Finery. If a reservation is made for a Product which You fail to pick up during Your reservation time, You will still be charged the Rental Fee, provided Finery is not contacted ahead of time to exchange the reservation for store credit.
PRODUCT EXCHANGES: Product exchanges for an alternative Product will be accepted, subject to the following criteria: (i) the new Product needs to be available during the same reservation time, (ii) the difference (if higher) in Rental Fee paid, (iii) if the new Product’s Rental Fee is less than the original Rental Fee, You will receive a store credit for the difference to be used towards a future rental.
The following additional conditions apply to the sale of any Product(s).
PURCHASE PRICE: The purchase price (“Purchase Price”) for the Products is as listed by Finery at the time of purchase, and is subject to change. Finery reserves the right to alter Purchase Price and discount of any particular item at its discretion and without notice. Upon your purchase for a Product, you hereby authorize Finery to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately. Purchase Prices exclude all federal, state and local taxes, all of which shall be paid by you directly in connection with your purchase.
PRODUCTS FOR SALE MAY BE USED: You acknowledge and agree that only those Products designated by us as available for purchase are eligible for purchase by You. EXCEPT FOR ACCESSORIES THE PRODUCTS FOR SALE HAVE BEEN PREVIOUSLY RENTED BY OTHER CUSTOMERS AND ARE NOT NEW. Finery will professionally clean and inspect the Products before they are sold to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever. ALL PRODUCT SALES USED PRODUCTS ARE FINAL AND “AS IS”.
RETURNABLE PRODUCTS: Non-Used Products and Accessories for sale may be returned as long as the following conditions are met. USED Products are FINAL SALE and NON-RETURNABLE. Refunds for returnable items will be in the form of store credit ONLY, and will be the full amount of the purchase including applicable taxes paid.
- The request for return is made within thirty (30) days of purchase;
- The Product is in its original condition and packaging and has not been worn, used, or altered in any way.
- You are able to provide the original receipt of purchase showing the sale of the Product.
- LIMITED WARRANTIES
The following are the limited warranties Finery provides in connection with Product rentals. Finery’s liability to You for failure to comply with any of these warranties is limited to a refund of the Rental Fee and applicable sales tax as determined by Finery.
CORRECT PRODUCTS: We will provide the Product(s) You ordered, including the specified size, color and design, on date for which You reserved it, except in the rare event that the Product is damaged beyond repair or is otherwise unavailable. In such event, we will use reasonable efforts to notify You that the Product is unavailable. If we are able to reach You, You will be entitled to choose any available rental Product of equal value to replace the unavailable Product, or else will receive a full refund.
CLEAN AND READY TO WEAR: Products will be professionally cleaned and provided ready to wear. Finery dry cleans, steams, and inspects each Product with the utmost care ahead of your Product reservation. If the Product You reserved is not up to these standards at the time of Your reservation, You will be entitled to choose any available rental Product of equal value to replace the unavailable Product, or else will receive a full refund. Use of the product is at your own risk, Finery Boutique shall not be held liable for any health-related complaints associated with a Product rented from our store.
- LIMITATION OF LIABILITY
No Indirect Damages: IN NO EVENT SHALL Finery Boutique, 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 Finery Boutique, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Limited Direct Damages: FINERY BOUTIQUE’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 OR PRICE PAID BY YOU FOR THE APPLICABLE PRODUCT(S) 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.
This Agreement constitutes the entire agreement between You and Finery Boutique, 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. Only Finery Boutique, LLC, may make modifications to this Agreement. 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 Ohio, excluding its conflicts of laws principles. You shall not assign this Agreement without Finery Boutique’s prior written consent.
Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 1, 2, 3, 4, 5 shall survive the 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. Finery Boutique, LLC 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.