Updated: Jan 21, 2018
These terms and conditions are a binding legal agreement between You (the “Renter”, “You” or “Your”) and Flaunt Fashion Library (“Flaunt Fashion Library”, “we”, “us”, or “our”), establishing terms and conditions under which You will submit information to, and rent dresses, outfits and accessories (each a “Product” and collectively, "Products or Items") and receive related services ("Services") from, Flaunt Fashion Library via our website at www.flauntfashionlibrary.com (the “Website”).
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY SIGNING UP FOR A MEMBERSHIP OR ORDERING PRODUCTS OFFERED ON OUR SITE, 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, DO NOT USE OUR SITE. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.
1. General; Rental Not Purchase; Adult Agreement Required; Alterations
If You purchase a rental subscription service Product, You will be limited to a maximum of one (1) subscription at any given time. Each subscription provides You a maximum of x number of Products (as chosen and defined by Flaunt Fashion Library) that can be in Your possession at any given time for an unlimited period of time so long as You continue to make RECURRING payments for Your membership each month.
If the rent time period is exceeded, the customer will be subject to penalties.
Alterations: You must receive Flaunt Fashion Library's prior written approval before doing any alterations to the gown You are renting. Under no circumstances will Flaunt Fashion Library give permission to cut any material or make permanent alterations. In some circumstances, Flaunt Fashion Library may agree to sewing alterations, but these must be approved first, in writing. To request such authorization, send an email to: email@example.com.
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 the amount of 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 Flaunt Fashion Library to charge Your credit card for the entire original retail value of the Product set forth on the Website, plus sales taxes ("Retail Value"), provided that we will only charge the Retail Value in the circumstances set forth in Section 4 below. Rental Fees exclude all federal, provincial and local taxes, HST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by Flaunt Fashion Library, shall be paid by You to Flaunt Fashion Library in connection with Your order for the rental. You may cancel Your dress rental in advance at least thirty (30) days prior to the ordered delivery date, subject to the following cancellation fees: (i) if Dress Rental is cancelled thirty (30) or more days before the Begin Date, we will refund 100% of Your Dress Rental Fee; (ii) if Dress Rental is cancelled less than thirty (30) days in advance of the Begin Date, no refund will be provided, but store credit in the full amount of the order will be provided; (iii) if Dress Rental is cancelled less than seven (7) days in advance of the Begin Date, no refund or store credit will be provided.
3. Our Commitments to You
3.1 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 deliver the Product as ordered is limited to the timely delivery of Product as ordered or a refund of the rental fee (excluding delivery charges) as determined by us. See section 3.2 below.
3.2 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 Saturdays, Sundays and holidays) of the date You received the Product by contacting us via email and returning the Product in conformance with the return procedures in section 4.3 below (a "Sizing Return"). If the return envelope is postmarked within 24 hours of receiving the Product (excluding Saturdays, Sundays and Holidays), we will then issue You a credit for the full rental fee (less delivery charges and less any damages), so long as the Product, in our sole discretion, has not been worn.
3.3 Delivery: Clean and Ready to Wear. All deliveries will be through Flaunt Fashion Library’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 Flaunt Fashion Library. The Products can be delivered to You until 8:00 p.m. on Your rental start date. The Products will be professionally cleaned and delivered ready to wear. We professionally clean and inspect each Product with the utmost care, but use of the Product is at Your own risk and Flaunt Fashion Library shall not be held liable for any health-related complaints or other complaints or issues associated with a Product rented from our site.
3.5 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
4.1 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, Flaunt Fashion Library 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 Flaunt Fashion Library is not to be held liable, but You will be held liable.
4.2 Use of the Product. You agree to treat the Product with great care. 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 stains, stuck zippers or other very 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 the price for repairing or replacing the Product, as determined in our discretion, up to the retail value for the Product.
4.3 Return of the Product; Extensions. You agree to return the Products to Flaunt Fashion Library in the return packaging provided or by dropping off in the showroom on the date set forth on the Website or invoice in connection with Your order. You may extend Your order for a Product on the Website or by email with confirmation by us, 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 Canadian Post Service centre or mailbox, or by returning it to the showroom directly by 12 p.m. on or before the date that the Product is due.
a. If You return the Product late or not at all, a late fee of twenty-five dollars ($25.00) 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 Flaunt Fashion Library for every day that You are late returning the Product, and You agree to pay such late fees, up to the retail value plus applicable sales tax. The late fee is payable for each order of Product 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 ten (10) days after the return date for the Product, Your late return will be considered a non-return and Flaunt Fashion Library 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.
b. 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 Flaunt Fashion Library with a tracking number.
4.4 Payment of Retail Value. We 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 4, excluding collection costs. If You pay us 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.
4.5 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.
4.6 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.
4.7 Email. We will use the preferences and orders You provide on our Website to send You emails and other marketing materials for other Products. You may opt out of receiving those emails by emailing firstname.lastname@example.org.
5. Details on Our Commitment to You
5.1 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.
5.2 Remedies. Your sole and exclusive liability for a breach of Flaunt Fashion Library’s limited warranty shall be, at Flaunt Fashion Library’s option, 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).
5.3 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
6.1 No Indirect Damages. IN NO EVENT SHALL FLAUNT FASHION LIBRARY, ITS PARENT OR RELATED COMPANIES (OR ITS SUPPLIERS OR LICENSORS) OR ITS EMPLOYEES OR REPRESENTATIVES 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 FLAUNT FASHION LIBRARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
6.2 Limited Direct Damages. FLAUNT FASHION LIBRARY’S (AND ITS SUPPLIERS’ AND LICENSORS’ AND ITS PARENT OR RELATED COMPANIES’) 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.
6.3 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 PRODUCT DURING YOUR RENTAL PERIOD.