BOLD BETTIES OUTFITTERS CUSTOMER RENTAL AGREEMENT
This rental agreement (the “Agreement”) is a legal agreement between you (“You” or “Your”) and Bold Betties, LLC. (“Bold Betties Outfitters,” “Bold Betties,” “we,” “us,” or “our”), establishing terms and conditions under which You will submit information to, and rent gear and apparel (each a “Product” and collectively, “Products”) and receive related services (“Services”) from, Bold Betties Outfitters via our website at www.boldbettiesoutfitters.com (the “Website”).
WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTALOF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE. THIS AGREEMENT APPLIES EVERY TIME YOU SUBMIT AN ORDER OR OTHERWISE USE OUR SERVICES.
1. General; Rental Not Purchase; Adult Agreement Required.
Our Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who must provide credit card information or another approved payment method, which must be approved by our merchant and processing agent. By using the Services, You represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described herein.
2. Rental Fees; Payment Card Authorizations; Cancellations.
The rental fee (“Rental Fee”) for the Products will be the daily rental fee (as listed on the Website PLUS any insurance and/or 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 Bold Betties Outfitters to charge Your payment card for an amount equal to 100% of the entire original retail value of that Product (when new) set forth on the Website, plus applicable sales taxes (“Retail Value”); 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 Bold Betties Outfitters, shall be reimbursed by You to Bold Betties Outfitters in connection with Your order for the rental.
You may cancel Your order for Products at least SEVEN (7) BUSINESS DAYS prior to the scheduled 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 Bold Betties Outfitters order.
3. Our Commitments to You.
- Delivery. We will deliver the Products You ordered, including the specified size, color and design, on or before the delivery 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 deliver the Product as ordered is limited to 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 used.
- Delivery; Clean and Ready to Use. Your Products may be ordered and couriered to You on the following day for certain orders placed by 2 p.m. in the Denver Metro Area subject to availability and any additional delivery charges. Otherwise, all deliveries outside of the Denver Metro Area will be through Bold Betties Outfitters’ shipping partners, which may change from time to time at the Company’s discretion. The shipping method used will be at the discretion of Bold Betties Outfitters. The Products can be delivered to you until 6:00 pm on your rental start date. The Products will be professionally cleaned and delivered ready to wear or use. We clean and inspect each product with the utmost care, but use of the product is at your own risk and Bold Betties Outfitters 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 shipping label as well as instructions for Your use in returning the Products to Bold Betties Outfitters (“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). In the event that an unsecure shipping address is provided, Bold Betties Outfitters does not bear any liability for Products left unattended. You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual known to you can physically receive the Product(s). Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which You will be responsible.
- Use of the Products. You agree to treat the Products with great care, as if they were borrowed from Your close friend. You are responsible for loss, destruction or damage to the Products due to theft, disappearance, fire, stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, small rips, missing beads or tags, 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 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 Bold Betties Outfitters in the Return Packaging on the return date for the Products that are identified in the online invoice for Your order. You may extend Your order for a Product by phone to Bold Betties Outfitters; 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 by 12 p.m. on or before the date that the Product is due in accordance with the instructions on the Return Packaging.
- Late Fees. If You return the Products late or not at all, a late fee equal to 10% of the Rental Fee for the Products not returned (with a minimum of $5) 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 Bold Betties Outfitters 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 Bold Betties Outfitters 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.
- Return Packaging. If you lose the Return Packaging provided, You will be responsible for returning the item at your own expense by the expected return date, and providing Bold Betties Outfitters 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 emailing [email protected] or following the links provided at the bottom of those e-mails when available.
5. Limited Warranty and Disclaimers.
- 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 Bold Betties Outfitters’ sole and exclusive liability for a breach of Bold Betties Outfitters’ limited warranty shall be, at Bold Betties Outfitters’ option, Bold Betties Outfitters’ 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. SPECIFICALLY WE MAKE NO REPRESENTATION OR WARRANTY THAT THE PRODUCTS WILL BE SUITABLE FOR ANY SPECIFIC WEATHER OR GEOGRAPHIC CONDITIONS OR THAT THE USE OF THE PRODUCTS WILL BE SUFFICIENT FOR ANY SPECIFIC PURPOSE.
6. Limitation of Liability.
- No Indirect Damages. IN NO EVENT SHALL BOLD BETTIES OUTFITTERS (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 BOLD BETTIES OUTFITTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- Limited Direct Damages. BOLD BETTIES OUTFITTERS’ (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 Products 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.
Sections 1, 2, 3, 4, 5, 6 and 7 shall survive this 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. Bold Betties Outfitters 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.