These terms and conditions (the "Agreement") are a legal agreement between you ("You" or "Your") and Hamptons.Style Co ("We," "we," "us," or "our"), establishing terms and conditions under which You will submit information to, and rent dresses (each a “Product” and collectively, "Products or Items") and receive related services (“Services”) from us via our website at https://choltry.com (the "Website").
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ORDERING PRODUCTS OFFERED ON OUR SITE, SIGNING UP FOR THE SERVICE AND PUTTING IN YOUR PAYMENT DETAILS, 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, PLEASE 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.
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. If You are under 18 years of age, You may accept these terms and conditions and order Products only with involvement and approval of Your parent or legal guardian.
2. Rental Fees; Payment Card Authorizations; Cancellations.
The rental fee (“Rental Fee”) for the Products will be the rental fee (as defined on the website or sometimes defined by any discounts offered to you) PLUS any delivery charges listed on the Website in connection with Your rental of the Products.
Upon Your order for Products, 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.
In addition, at the time of Your order of Products, You hereby authorize us to charge Your payment card for the original retail value of those Products (when new) as set forth, plus any 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, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by us, shall be reimbursed by You to us in connection with Your order for the rental.
Your order for Products is final once it has been processed through the checkout. It cannot be canceled or modified after submission.
3. Our Commitments to You.
We will deliver the Products You ordered, including the specified size, color and design using our shipping partners, who may change from time to time at our discretion. We do NOT guarantee the delivery date of the Products and you agree that the Products will be delivered as they become available. The shipping method used will be at our discretion. The Products can be delivered to you until 8:00 pm on your delivery date.
Some Products may appear slightly 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 the Product or a refund of the Rental Fee (excluding delivery charges) as determined by us.
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 on the Website or by emailing us at firstname.lastname@example.org 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 worn.
c. Cleaning and Ready to Wear
All Products will be professionally cleaned and delivered ready to wear for each consumer. We dry clean and inspect each product with the utmost care, but use of the product is at your own risk and we 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 or box as well as instructions for Your use in returning the Products to us. (“Return Packaging”).
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, 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, we do 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 we are not to be held liable, but You will be held liable.
b. Use of the Products
You agree to treat the Products with great care, and return it in the same condition as was delivered to you. You are completely 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.
a. Normal wear and tear encompasses minor stains, stuck zippers or other minor damage covered by the Rental Fee You paid in order to rent the Products. 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.
c. Return of the Products; Extensions
You agree to return the Products to us in the Return Packaging on or before the return date for the Products that is identified as one week (7 calendar days) from the day Your order was delivered or first attempted to be delivered by our shipping partner. You may extend Your order for the Products by contacting us on the Website or by emailing us at email@example.com; provided that any extensions are subject to pre-payment of the additional Rental Fee applicable to the Products for the period of time of the extension. You must return the Products by delivering the Products in the Return Packaging to our shipping partners' store located in the United States by 12 p.m. on or before the date that the Product is due.
d. If You return the Products late or not at all, a late fee of five dollars ($5.00) per Product 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 us 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 the total Retail Value of the Products that are not returned when due plus applicable sales tax (plus the Rental Fee). The late fee is payable for each Product that is not returned when due. If you have not returned a Product within thirty (30) days after the return date for the Product, Your late return will be considered a non-return and we 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. If You lose the Return Packaging or don't send all the Products to be returned in the Return Packaging, then You will be responsible for returning the Products at your own expense by the expected return date, and providing us with a tracking number.
f. Payment of Retail Value
We will not charge You for more than an amount equal to 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 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.
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.
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 clicking on 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.
Your sole and exclusive remedy and our sole and exclusive liability for a breach of our limited warranty shall be, at our option, our use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Rental Fee (excluding delivery charges).
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 WE (OR OUR 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
b. Limited Direct Damages
OUR (AND OUR 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.
This Agreement constitutes the entire agreement between You and us 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 us. 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 New York, excluding its conflicts of laws principles. You shall not assign this Agreement without our 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. We shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond our reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.