DRESSED CUSTOMER RENTAL AGREEMENT
This Customer Rental Agreement (the “Agreement”) is a legal agreement between you (“You” or “Your” or “Customer”) and Dressed, LLC, (“Dressed,” “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, Dressed via our website at www.DressedCLT.com (the “Website”).
c. Number of Rentals. We currently and generally limit the number of Products that can be rented by You and our other customers to five (5) at a time.
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 Dressed to charge Your payment card for an amount equal to 100% of the entire original assessed 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 Dressed, shall be paid by You to Dressed in connection with Your order for the rental. You may cancel Your order for Products up to three (3) 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 Dressed purchase.
3. Our Commitments to You.
a. Delivery to You. If you choose the option of having Products delivered, we will deliver the Products You ordered, including the specified size, color and design, no later than two days prior to the date for which you ordered the Product(s), unless 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. Rush deliveries will incur additional fees, which you will see before ordering the Product(s).
b. Guarantees. 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 according to 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.
c. Delivery; Clean and Ready to Wear. Your Products may be ordered and couriered to You on the same day for certain orders placed by 2 p.m. in Charlotte, subject to the additional delivery charge set forth on the Website. Otherwise, all deliveries outside of Charlotte will be through Dressed’s shipping partners, which may change from time to time at the Company’s discretion. The shipping method used will be at the discretion of Dressed. 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 dry clean and inspect each product with the utmost care, but use of the product is at your own risk and Dressed 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 as well as instructions for Your use in returning the Products to Dressed (“Return Packaging”).
e. Pickups. Pickups will occur on Mondays, unless we notify you otherwise. Pickups shall incur additional fees, which will be clearly marked as an additional option before you order the Product(s).
f. 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.
a. Receipt of the Products. Upon delivery, Customer bears responsibility for the Product(s). Customer acknowledges 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, Dressed does not bear liability for Products left unattended. Furthermore, Customer acknowledges that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Dressed is not to be held liable. Instead, Customer will be held liable.
b. Use of the Products. Customer agrees to treat the Products with great care. Customer is 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 Customer paid for during rental of the applicable Product. If Customer returns a Product that is damaged beyond normal wear and tear, then Customer agrees that we shall charge Customer, and Customer shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
c. Return of the Products; Extensions. You agree to return the Products to Dressed 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 phone to Dressed; 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 our location or a UPS store located in the United States by 12 p.m. on or before the date that the Product is due.
d. Late Returns; Not Returning Dresses. If You return the Products late or not at all, a late fee of ten dollars ($10.00) per day 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 Dressed 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 100% 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 Dressed 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.
e. Losing Return Packaging. 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 Dressed with a tracking number.
f. Payment of 100% 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 100% 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.
g. 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.
h. 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.
i. 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 emailing email@example.com or following the links provided at the bottom of those e-mails when available.
5. Details on Our Commitment to You.
a. 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.
b. Remedies. Your sole and exclusive remedy and Dressed’s sole and exclusive liability for a breach of Dressed’s limited warranty shall be, at Dressed’s option, Dressed’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).
c. 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.
a. No Indirect Damages. IN NO EVENT SHALL DRESSED (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 DRESSED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
b. Limited Direct Damages. DRESSED’S (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.
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.
b. Headings. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
c. Severability. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner adverse to any party. Upon determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the maximum extent possible.
d. Assignment. Neither party may assign this Agreement without the written consent of the other party. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement.
e. Force Majeure. Dressed 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.
f. Governing Law. This Agreement will be governed by and interpreted according to the law of the State of North Carolina.
DRESS LENDING AGREEMENT
THIS DRESSED AGREEMENT (“Agreement”) made effective this _________________________ (the “Effective
Date”) is by and between DRESSED, LLC, (herein “COMPANY”), and ______________________________ (“DRESS OWNER”).
WHEREAS, COMPANY owns and operates a dress rental and consignment sales company based in Charlotte, North Carolina;
WHEREAS, DRESS OWNER owns dresses which she or he wishes engage the COMPANY to rent out or sell on consignment in exchange for compensation;
WHEREAS, the parties wish to embody all agreements and understandings, including oral agreements and representations related into this Agreement.
NOW THEREFORE, for and in consideration of payment, mutual covenants, promises, representations, and releases herein contained, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, IT IS FURTHER AGREED:
- Term. This Agreement will begin on the date set forth below and shall continue for at least ninety (90) days. After the initial ninety (90) day period, automatic renewals of thirty (30) days shall continue in perpetuity unless either party terminates the Agreement.
- Relationship. DRESS OWNER agrees to submit, on her or his sole initiative, dresses to the COMPANY. COMPANY, in its sole discretion, shall decide which dresses it will accept and make available for rental and sale.
- Payment. Rentals and Sales. COMPANY agrees to pay DRESS OWNER ten percent (10%) of the payment received from customers renting dresses (“Rental Price”) each time COMPANY rents out a dress owned by DRESS OWNER. COMPANY agrees to pay DRESS OWNER forty percent (40%) of the payment received from customers purchasing dresses (“Sales Price”). The Rental Price and Sale Price are subject to change without notice to DRESS OWNER and can be requested by e-mail at firstname.lastname@example.org.
Damaged Dresses. The maximum payment for damaged dresses is $39 for cocktail and $49 for gowns.
COMPANY shall send out payments due to DRESS OWNER at the beginning of the month following when COMPANY rented or sold a DRESS OWNER’s dress, or judged a dress to be irreparably damaged.
- Termination. Either party may terminate this Agreement at any time for any or no reason, after the initial ninety (90) days. If DRESS OWNER desires to terminate the Agreement, DRESS OWNER agrees to give thirty (30) days written notice.
- Dress Returns. If COMPANY terminates this Agreement or notifies a DRESS OWNER that a specific dress will no longer be made available for rent or sale on the COMPANY website (a “Decommissioned Dress”), COMPANY will notify DRESS OWNER by email within five (5) business days that a Decommissioned Dress is available for pickup. If DRESS OWNER so chooses, COMPANY will ship the Decommissioned Dress back to DRESS OWNER for the cost of shipping within thirty (30) days of receiving the shipping request. If DRESS OWNER does not pick up any Decommissioned Dress within thirty (30) days after notice from COMPANY to DRESS OWNER, the DRESS OWNER agrees that Company may donate the any Decommissioned Dress to a local non-profit.
- Use of Dresses for Marketing. DRESS OWNER agrees that COMPANY may use DRESS OWNER’s dresses for marketing and promotional purposes without additional payment to DRESS OWNER.
- Power and Authority. COMPANY and warrant to the other party that they have full power and authority to enter into this Agreement and perform the obligation to which they have agreed.
- Assignment. Neither party may assign this Agreement without the written consent of the other party.
- Entire Agreement. This Agreement constitutes the entire understanding between the parties hereto. An amendment or modification to this Agreement shall be effective only if in writing and signed by all parties.
- Headings. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
- Severability. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner adverse to any party. Upon determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the maximum extent possible.
- Counterparts. This Agreement may be executed in multiple counterparts, each of which, when executed and delivered, shall be deemed an original, but of which together shall constitute one and the same instrument.
- Governing Law. This Agreement will be governed by and interpreted according to the law of the State of North Carolina.