Rental Agreement
These terms and conditions (the "Agreement") are a legal agreement between you ("You" or "Your") and Decorent LLC, at 10625 Ross Road, Unit D, Bothell WA 98011 ("Decorent", "we", "us", or "our"), establishing terms and conditions under which You will submit information to, and rent Christmas decor and accessories (each a "Product" and collectively, "Products") and receive related services ("Services") from, Decorent via our website at www.decorent.com (the "Website").
BEFORE YOU CLICK ON THE "I ACCEPT" BUTTON AS A FIRST TIME USER OR CLICK ON THE “SUBMIT ORDER” BUTTON AS A RETURNING USER, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY HAVE CHANGED SINCE YOU LAST USED THESE SERVICES. BY CLICKING ON THE "I ACCEPT" BUTTON AS A FIRST TIME USER OR BY SUBMITTING AN ORDER FOR PRODUCTS AS A RETURNING USER, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT INCLUDING THE WEBSITE TERMS AND CONDITIONS OF USE AVAILABLE AT Terms of Service AND THE PRIVACY POLICY AVAILABLE AT Privacy Policy. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "I DO NOT ACCEPT" BUTTON OR DO NOT SUBMIT YOUR PRODUCT ORDER AND YOU WILL NOT BE PERMITTED TO RENT OR, IF APPLICABLE, LATER 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 OR PURCHASE OF 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
This Agreement contains all the terms and conditions governing Your rental of Products from Decorent via the Website from time to time. You agree that Your use of our Website and the Services, other than rental orders as set forth in this Agreement, is subject in all respects to our Website Terms of Service and our Privacy Policy, as such terms may change from time to time. No other terms or conditions (preprinted or otherwise) shall have any force or effect. You agree and acknowledge that You are renting the Products and that ownership of the Products remains with Decorent at all times. Our Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may rent the Products with a payment card or other approved payment method. By clicking the “I Accept” button, 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.
Children under the age of 13 may not use the Website and parents or legal guardians may not agree to the Website Terms and Conditions on their behalf. Children under 18 years of age but at least 13 years of age, may use the Website under the supervision of parents or legal guardians who agree to be bound by the Website Terms of Service on their behalf. If You are a parent or legal guardian agreeing to the terms and conditions of this Agreement (including the Website Terms of Service and Privacy Policy) for the benefit of a child between the ages of 13 and 18, You are fully responsible for his or her use of the Website and the Services, and the rental of any Products, including all legal liability he or she may incur.
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 Decorent to charge Your payment card for an amount equal to 200% of the entire original retail 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 Decorent, shall be paid by You to Decorent in connection with Your order for the rental.
You may cancel your rental order subject to the following cancellation fees and policies: If you cancel thirty (30) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order. If you cancel less than thirty (30) days, you will not receive any refund, but you will receive a full credit to your Decorent account for the Rental Fee associated with the cancelled order. This credit can be applied to any future Decorent rental.
3. Our Commitments to You
Delivery to You
We will deliver the Products You ordered, on or before the 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 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 below.
Guarantees
If Your Product(s) arrive damaged, then You may contact us within 48 hours (excluding Sundays and holidays) of the date you received the Product via email or phone and We will send a replacement Product, or credit your account for the damaged Product(s). In order to guarantee a replacement and/ or credit, You will be required to submit proof of the damaged Product(s) by sending a photograph to info@decorent.com.
All deliveries will be through Decorent'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 Decorent. The Products can be delivered to you until 8:00 pm on your rental start date. The Products will be delivered ready to decorate. We refurbish and inspect each product with the utmost care, but use of the product is at your own risk and Decorent shall not be held liable for any health-related complaints associated with a product rented from our site.
With delivery of the Product(s), we will provide You with a pre-paid, pre-addressed envelope as well as instructions for Your use in returning the Products to Decorent ("Return Packaging").
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). You acknowledge 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, Decorent does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Decorent is not to be held liable, but You will be held liable.
Use of the Products
You agree to treat the Products with great care, as if it was borrowed from Your close friend. You are 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 scratches, missing sequins, 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.
Return of the Products
You agree to return the Products to Decorent 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 Decorent; 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 a UPS store located in the United States by 12 p.m. on or before the date that the Product is due.
If you return the Products late or not at all, a late fee of fifty dollars ($50.00) 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 Decorent 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 Decorent will charge your payment card the maximum late fee set forth below, less any late fees that you have already paid, plus applicable sales tax.
Decorent will not charge you for more than an amount equal to 100% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section, excluding collection costs. If you pay Decorent an amount equal to 100% of the Retail Value under this Section 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.
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 Decorent with a tracking number. Also, if you lose or fail to return Decorent’s Product Packaging, you will be charged Retail Value of each missing item. If you still possess the Decorent’s Product Packaging, it 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.
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.
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 info@decorent.com or following the links provided at the bottom of those e-mails when available.
5. Details on Our Commitment to You
Limited Warranty
The following are the limited warranties Decorent provides in connection with Product rentals. Decorent’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by Decorent.
Subject to availability, we will deliver the Products you ordered, including the specified size, color and design, on the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. 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 to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site or App.The limited warranties set out above for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by Decorent in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms. Your sole and exclusive remedy and Decorent’s sole and exclusive liability for a breach by Decorent of the limited warranties set out above shall be, at Decorent’s option.
Remedies
Your sole and exclusive remedy and Decorent's sole and exclusive liability for a breach of Decorent's limited warranty shall be, at Decorent's option, Decorent'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).
Disclaimer of Warranties
Except for the Limited Warranties set out above, the services and products, including all trial programs, are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality or fitness for a particular use. Specifically, but without limitation, Decorent does not warrant that: (i) the services, including the Decoent content, are correct, accurate, reliable or complete; (ii) the services will be uninterrupted or error-free; (iii) defects will be corrected, (iv) the services or the server(s) that makes the services available are free of viruses or other harmful components, or (v) the products will be fit for your intended purpose or otherwise accord with your expectations. This disclaimer does not apply to New Jersey residents or transactions or where otherwise prohibited by law.
6. Limitation of Liability
Under no circumstances shall Decorent be liable for any damages of any kind, including without limitation direct, indirect, incidental, special, consequential, exemplary, multiple or other damages arising out of or in connection with the use of, or the inability to use, the services and/or the products, even if Decorent has been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be as set forth under section Limited Warranties, or to discontinue your use of the services and terminate these terms. The foregoing limitation of liability does not apply to New Jersey residents or transactions or where otherwise prohibited by law.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
7. Miscellaneous
This Agreement, (including the Website Terms of Service and Privacy Policy referenced in this Agreement) constitute the entire agreement between You and Decorent 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. Modifications may be made only by Decorent. 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 Washington, excluding its conflicts of laws principles. You shall not assign this Agreement without Decorent's prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 1, 2, 3, 4, 5, and 6 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. Decorent 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.