Terms & Conditions
Effective Date: Nov 25th 2016
THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND LUXURY CRAVINGS AND ARE DEEMED ACCEPTED BY YOU EACH TIME THAT YOU USE OR ACCESS THE SITE OR SERVICES. IF YOU DO NOT ACCEPT THE TERMS STATED HERE, DO NOT USE THE LUXURY CRAVINGS SITE AND THE SERVICES. BY PLACING A RENTAL ORDER REQUESTING TO RENT A PRODUCT OR JOINING OUR EMAIL LIST, 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, DO NOT CLICK THE “I ACCEPT” BUTTON ON THE CHECKOUT PAGE, AND YOU WILL NOT BE PERMITTED TO RENT THE PRODUCTS.
This Site and the associated Services and Products are owned and operated by Luxury Cravings (“we”, “us” or “our”). You agree to use the Site and Services, and to rent the Products, in accordance with these Terms. You agree and acknowledge that you are renting the Products and that ownership of the Products remains with Luxury Cravings at all times. Accessing the Site, in any manner, constitutes use of the Site and Services such that the party accessing the Site is bound by these Terms.
We reserve the right to revise these Terms at any time by posting an updated version of the Terms to this web page. By continuing to access the Site or use the Services after we post any such changes, you accept the Terms, as modified. You should visit this page periodically to review the most current Terms because they are binding on you. If you do not agree to any changes in the Terms as they may occur, please arrange to terminate your account (a) by notifying us of your unwillingness to accept the changes to the Terms by emailing email@example.com; and (b) by immediately returning all outstanding Products and discontinuing your use of the Services and the Site. No other terms or conditions (preprinted or otherwise) shall have any force or effect.
To the extent you access the Services through a wireless or mobile device, your carrier’s standard charges, data rates, and other fees may apply.
Users who violate these Terms may have their access and use of the Site and Services suspended or terminated, at our sole discretion.
2. Registered User Eligibility and Responsibilities
You must be an adult 18 years of age or older, reside in the United States, have a valid credit card or other approved payment method (“Payment Method”), and be a registered user (“Registered User”) of the Site to rent a Product.
By submitting a rental order (“Rental Order”) via the Site, you are applying to become a Registered User. Before your Rental Order will be completed, you must be approved as a Registered User. To be approved, you must submit to us a credit report. Upon receiving your Rental Order, we will send you an email with instructions on how to order a copy of your credit report and share it with us. By requesting the credit report and having it shared with us, you are authorizing us to review your credit information that the consumer credit-reporting agencies sends to us. If we have not received your credit report and all other requested information within five (5) business days of the date you placed your Rental Order, such order will be cancelled and your Rental Fee will be refunded.
Each person may only have one Registered User account and you agree to provide true, accurate, complete information about yourself (the “Registration Information”), including, without limitation, your full legal name and a verifiable physical address where you reside (“Home Address”), and you agree to maintain and promptly update all such Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and access to the Site, and thereafter refuse to offer you any and all current or future use of the Site and its Services. Furthermore, we reserve the right to cancel any Rental Order for any reason or to otherwise refuse to rent Products to you for any reason or no reason.
Upon placing you initial Order, you will need to create a password for your account; you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account. If you suspect any unauthorized use of your account, you must notify us immediately. To provide you with ease of access to your Account, we may place a cookie (a small text file) on the computer(s) from which you access the Site. When you revisit the Site, this cookie will enable us to recognize you as the account holder and allow you to more easily access your account. You agree to receive all communications from us electronically via email, you agree to keep your current email address updated at all times, and you agree that you will be deemed to have received any notice we send to that email address, so it is important to add us to your contacts so as to avoid having our emails wind up in your junk mail folder.
Products may be used by people under 18 years of age, but the Registered User placing the Rental Order shall remain exclusively liable for all loss or damage. By visiting the Site or accepting these Terms, you represent and warrant to us that you have reached the age of majority in your jurisdiction, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to us that you will use the Site, Services, and Products in a manner consistent with any and all applicable laws and regulations.
3. Renting a Luxury Cravings Product
Registered Users may access the Site to place Rental Orders in accordance with these Terms, and any terms, conditions, or policies that Luxury Cravings may provide from time to time on the Site. Luxury Cravings reserves the right to refuse registration for any applicant, or to cancel such registration, for any reason or no reason in our sole and absolute discretion. After becoming a Registered User, you may rent one (1) Product at a time; more than one Product may be rented at a time only with our express prior consent, which consent may be withheld or granted in our sole and absolute discretion; in order to rent more than one Product, you must be a Registered User in good standing and you may need to provide a cash security deposit and/or provide a secondary Payment Method for each additional Product.
To rent a Product, you must first chose a Product from our large online selection, which will then shipped to you as provided herein. The current monthly rental fee (“Rental Fee”) for each Product is as set forth for such Product on the Site and does not include any shipping/delivery/return delivery fees (“Shipping Fee”) or taxes, which are charged separately and calculated at the time you place your Rental Order. Delivery time for Products may vary based on inventory availability, delivery address, when an Rental Order is received by us, and other conditions effecting delivery; as such, we make no guarantees as to actual delivery time. The initial 30-day rental period (“Rental Period”) for a Product begins upon the date the Product is delivered to the secure shipping address you provide us, as determined by the delivery scan of the delivery service. By placing a Rental Order, you agree to be bound by these Terms. Shortly after placing a Rental Order you will receive via email a detailed receipt, your order number, the exact amount charged, and the terms of delivery.
Delivered Products may appear different in color and size than they appeared on the Site as the photos of the Products are merely indicative. You must inspect the Product upon receipt and, if you decide you do not want to rent it for any reason, or if the Product you received is damaged in any way, you must notify us via email (firstname.lastname@example.org) within 24 hours. If you are returning the Product, you must not remove the safety tag from the handle of the Product, and must deposit it with the shipping service within one (1) business day of receipt. If you fail to notify us within 24 hours of receipt that the Product you received is damaged, unacceptable, or that you plan to return the Product for any other reason, or if you remove the safety tag from the handle of the Product, you forfeit the right to a refund and you will be charged for the full initial Rental Period and will be held liable for any and all damage to the Product. Your sole and exclusive remedy and our sole and exclusive liability for a non-conforming Product shall be, at our option, the use of commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee (excluding Shipping Fee), as determined by us in our sole and absolute discretion.
4. Shipping; Returns
You acknowledge that you must use a secure shipping address, which means one where an individual can physically receive and sign for the Product(s). Your initial Rental Order will only be delivered to your Home Address. Thereafter, we may, in our sole and absolute discretion, agree to ship to your place of work or other secure shipping address. We do not bear any responsibility or liability for Products left unattended or received by someone other than you. You further acknowledge that providing anything other than a secure shipping address may result in delivery delays and additional delivery fees for which you will be liable. We will send you an email letting you know when the Product has been shipped. The risk of loss for the Product shipped passes to you upon delivery. All confirmed deliveries are the sole responsibility of the recipient. If you are unable to locate a confirmed delivery, you are required to contact us immediately to place a tracer investigation with the delivery service and to temporarily suspend the borrowing period. All tracers take 8-12 business days to complete and until the results of the investigation are received, we are not able to proceed with the resolution of a lost item.
When a Product is delivered to you, it will include a pre-paid , pre-addressed return shipping label, (or the return shipping label can we printed from the website by login in to your account), package, and instructions on returning the Product (the “Return Packaging”). You are responsible for keeping the Return Packaging in a safe place; if you lose the Return Packaging, you must replace the packaging but may email us to request a replacement shipping label. If you want to use a different delivery service to return the Product, you must do so at your own expense. Prior to shipping a Product back using a different delivery service you must first email us to let us know that you are doing so. We will confirm that the delivery service is acceptable and will provide you the replacement value of the Product so that the return delivery can be adequately insured. Additionally, the return shipment must require a signature upon delivery, and you must provide us with a tracking number.
5. Your Use of the Product.
You agree to treat each Product rented from us with great care, as if it was your own, and in full compliance with the usage and care instructions included with the Product. You are responsible for any loss, destruction, or damage to a Product due to theft, mysterious disappearance, fire, stains (including lipstick/makeup stains, ink pen marks, etc.), scratches or scrub marks, or any other cause, other than normal wear and tear. You should avoid exposing the Product to an source of potential damage such as dirt, extreme temperatures, direct sunlight, high humidity, cigarette/cigar smoke, etc. You should only clean the Product with a dry, clean cloth or according to any other instructions provided by us. You may not sublease the Product or otherwise use it for any professional or commercial purpose.
You agree to return the Product you rented and not a replacement. If you return a Product with excessive or abusive damage exceeding normal wear and tear, or if any anti-thief/anti-counterfeit/tracking device in the Product has been tampered with in any way, or if the Product has been replaced or is otherwise not the exact same Product rented, as determined by us in our sole discretion, you authorize us to charge your Payment Method and collect the full replacement value for such Product, as determined by us in our sole and absolute discretion; provided, however that if a Product can be repaired, as determined by us in our sole and absolute discretion, we will only charge you for the cost of such repairs. If you try to return a counterfeit or forgery bag, we may take legal action against you. If you are charged the full replacement value for a Product you have rented, and such Product is still in your possession, you may keep it on an “AS IS” basis, without warranty of any kind, and you will still be charged the Rental Fee for such Product until such time as we have received full payment of the replacement price.
You are also responsible in the event of a theft or loss of a Product and therefore you will be responsible for the full replacement value immediately upon notification of the loss of the Product. The Rental Fee for the Product will continue to accrue until the payment is received in full. Also, we reserve the right to close your account at any time if we notice multiple cases of excessive damage or abuse to the Products you have rented. We further reserve the right to cancel any Rental Order prior to delivery to you. In the event your rental is cancelled, any funds authorized or charged shall be released subject to the rules of your financial institution.
6. Rental Fees; Rental Period
By placing a Rental Order for a Product, you authorize us to immediately charge your Payment Method for the Rental Fee and Shipping Fee for such Product, as such fees are set forth on the Site; provided, however, that you will not be charged for a requested Product that is not in our inventory until such time as it has been returned and you place a Rental Order for it. Rental Orders are honored in the order in which they are received; if you request to rent a Product that is currently rented out to another Registered User, we will notify you as soon as it is returned. All Rental Fees must be paid in advance and by retaining a Product for subsequent Rental Periods you authorize to charge your Payment Method accordingly.
The initial Rental Period is 30 calendar days from the date it is delivered to you; thereafter, your rental of the Product will renew for subsequent 30-day Rental Periods unless you ship the Product back to us within one (1) business day of the end of the Rental Period. You may keep the Product provided you continue to pay the monthly Product Rental Fee in advance, when due; provided, however, that we reserve the right to refuse to renew the rental after the conclusion of any Rental Period. Rental Fees will be charged for full 30-day Rental Periods only and will not be prorated. Rental Fees are as set forth on the Site and are subject to change at any time; provided, however, that we will not increase the Rental Fee while the Product is in your possession.
In the event you fail to make required payments on time, your Payment Method is declined for any reason, or if other factors arise which, in our sole discretion, increase the risk of non-timely payment by you, you will be required to immediately return all Products in your possession. If you fail to deposit the Product(s) with the delivery service as instructed within one (1) business days of its demanded return, you may be charged the full replacement value for the Product, as determined by us in our sole and absolute discretion.
7. Billing and Collections.
When you apply to become a Registered User, you will be required to provide us with accurate, complete, and current credit card information for a valid credit card that you are authorized to use. By applying to become a Registered User, you authorize us or our agent to bill your credit card for the applicable per-item Rental Fee, Shipping Fee, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. Other fees will be charged to your credit card as you incur them. If we do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card and/or a cash security deposit before continuing to use the Services and you authorize us to charge outstanding fees and other amounts due us against any credit card you have on file with us. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. You acknowledge and understand that in the event of a default we may report negative information about your account to credit reporting agencies. In the event we have to commence collection efforts against you for any reason, you acknowledge and agree that you will be liable for all expenses related thereto, including attorneys’ fees, litigation costs, and all other collection expenses, plus any other actual damages we incur, plus default interest on such amounts from the date of default or breach of these Terms until the date of judgment entry at the rate of 12% per annum. In the event your Payment Method is declined for any reason you will be charged an additional fee of $35 per transaction.
You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
All prices on the Site are in U.S. dollars. We reserve the right to modify the price, content, or nature of the Service and Products at any time. Upon becoming a Registered User, you will continue as such indefinitely until terminated. Either you or us may terminate at any time at their discretion. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site.
We reserve the right to determine whether your credit card(s) is/are pre-authorized to accept a minimum charge equal to each Product’s Retail Value. In the event we feel the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding items and/or that you provide a second valid credit card before continuing to use the Service.
8. Disclaimer of Warranty
We do not warrant that the site will operate error-free or that the site and its servers are free of computer viruses or other harmfule mechanisms. If your use of site or the luxury cravings content results in the need for servicing or replacing equipment or data, we are not responsible for those costs. The site and the luxury cravings content are provided on an “as is” basis without any warranties of any kind. We, to the fullest extent permitted by law, disclaim all warranties, whether express or implied including the warranties of the merchant ability, fitness for particular purpose and non-infringement. We make no warranties about the accuracy, reliabilty, completeness, or timeliness of the luxury cravings content, services, products, or the site.
9. Disclaimer of Consequential Damages
In no event shall we or any third parties mentioned on the site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the site and the luxury cravings products, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibilty of such damages.
10. Limitation of Liability
Our maximum liability arising out of or in connection with the site or your use of the luxury cravings products, regardless of the cause of action (whetehr in contract, tort, breach of the warranty or otherwise), will not exceed US$100.00.
11. Links to Other Sites; Submissions
The Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such web sites. We are not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
The Site may allow you and other third parties to post reviews or comments concerning the Service or the Products. Any advice, statements, opinions, offers, services, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of Luxury Cravings, or its shareholders, directors, officers, or employees. We may review and delete any content, in whole or in part, that in our sole judgment violates these Terms and Conditions or which might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Luxury Cravings, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service or the Site.
We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a “Submission”), including, without limitation, responses to questionnaires or through postings on message boards on the Site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and the Service. Furthermore, by posting any Submission on the Site, submitting information to us, including Registration Information, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by us will not infringe on or violate the rights of any third party.
12. No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of the Site.
You agree to defend, indemnify, and hold harmless us, our affiliates, and their respective officers, managers, members, employees, representatives and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Registration Information, comments, reviews, or other material you provide to the Site, (ii) your use of any Luxury Cravings Products, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
We make no claims that the Luxury Cravings Site may be lawfully viewed or accessed outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the state of New Jersey, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New Jersey. You expressly waive any ability to maintain any class action in any forum and agree that any claim you make shall be on an individual basis.
If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future. Except as expressly provided in an additional written agreement, additional terms for certain areas of the Site, a particular “Legal Notice,” or material on a particular page of the Site, these Terms constitute the entire agreement between you and us with respect to the use of the Site, Services, and Products. No changes to these Terms shall be made except by a revised posting on this page.
We will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond our reasonable control
15. Term and Termination
These Terms will remain in full force and effect while you are a Registered User of the Site at any level. We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to removal of your User Content from the Site and immediate termination of your registration or ability to access the Site and/or any other Services provided to you by us, upon any breach by you of these Terms or if we are unable to verify or authenticate any information you submit pursuant to the Site’s registration procedure.
16. Intellectual Property
Luxury cravings is our trademark. All luxury cravings graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of luxury cravings. Any trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. It is our policy to respect the intellectual property rights of others. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Site, or know of someone who is making unauthorized use of the content of the Site, please contact our registered agent for notice of copyright infringement under the DMCA and notify us of your concern by submitting a written notice to us at the following address: 8C great meadowlane , east hanover, nj-07936
We collect the personal and demographic information that you voluntarily provide us or have others provide to us (“Personal Information”). We take reasonable security measures, including, without limitation, the use of firewalls and encryption, to protect against the loss, misuse, unauthorized access, alteration, and destruction of Personal Information under our control, both during transmission and once we receive it. While we promise to make good faith efforts to maintain the security of your Personal Information, no method of transmitting information over the Internet or method of its electronic storage is 100% secure; therefore, we cannot guarantee that your Personal Information will remain free from unauthorized access, disclosure, use, or alteration. Additional, while we work hard to safeguard the integrity and security of our network and systems, we cannot guarantee that our security efforts will prevent “hackers” or other unauthorized persons from illegally accessing or obtaining this information.
We may share your Personal Information with third parties who help us in the delivery of our own products and services to you. These third parties may not use that Personal Information for any purpose other than assisting us in providing those products and services. If you have consented for us to do so, we may also share your Personal Information with third parties who may contact you about their products or services. We also share Personal Information where legally required. Personal Information collected on the Site is stored in whole or in part in the United States, and may be subject to U.S. law. We may disclose and transfer Personal Information if our business is sold or acquired.
You may review, correct, or delete your Personal Information at any time. Simply log into your account, go to your account profile, and make the necessary changes. We will delete your Personal Information, but will retain logs, demographic and statistical information about you and keep an archival copy of your Personal Information in an anonymized form. If your Personal Information was previously accessed by others using the Site, we are unable to delete the Personal Information from their systems.