LUXUR DRESS RENTALS TERMS OF SERVICES.
July 12, 2019.
The following Terms of Services (“Terms”) between you (“you” or “your”) and Luxur Dress Rentals. (“we,” “our,” “us,” “Luxur,” or “LDR”) describes the terms and conditions on which you may access and use the LDR website located at luxurdressrentals.com (the “Site”) and related services including LDR’s product rental and sale services (together with the Site, and the LDR Content, as defined below, the “Services”). These Terms also apply to sales, which are part of the Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms. If you do not agree to these Terms of Services, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of the Terms of Services at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms of Services regularly for update. You agree that if you are unsure of the meaning of any part of these Terms of Services or have any questions regarding the Terms of Services, you will not hesitate to contact us for clarification. These Terms of Services fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
ABOUT THE SERVICES
Through the Services, we aim to give you access to beautiful clothing, stylist advice and other content to help you decide which items are perfect for you.
B. Mobile Charges
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Children under 18 years of age may use the Site under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any clothing (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a childunder the age of 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.
RENTAL AND SALE OF PRODUCTS
A. General Conditions
The Services include the rental and sale of Products. This Section 2(A) sets out terms and conditions that apply to your rental or purchase of any Product.
18 Years or Older. 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 agreeing to these Terms, 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 or purchasing the Products as described in these Terms.
Limits. You acknowledge and agree that we may place limits on the rental of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rental of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
Delivery. Your Products may be ordered and couriered to you one day after the order for orders placed by 2 p.m. for delivery in the CBD, subject to the additional delivery charge specified on the Site. Otherwise, all deliveries outside of CBD will be through LDR’s shipping agents, which may change from time to time at LDR’s discretion. The shipping method used will be at the discretion of LDR.
Collections. If you do not pay the amounts you owe to LDR when due, then LDR will need to institute collection procedures. You agree to pay LDR’s costs of collection, including without limitation reasonable lawyers’ fees.
Communications. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying “STOP” to a text message you receive from us or by emailing firstname.lastname@example.org. You acknowledge that opting out of receiving communications may impact your use of the Services.
The following additional conditions apply to the rental of any Product.
Rental Fee. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, security deposit and delivery charges listed on the Site for your rental of the Product. When you place your rental order for a Product, you hereby authorize LDR to charge you via your payment card (or any chosen payment method) for the Rental Fee. LDR will charge you the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site is an order for the rental of that Product, regardless of how far in advance that Product is reserved.
Cancellation Policy. You may cancel your rental order subject to the following cancellation fees and policies:
- If you cancel 3hrs after your order,you will receive a full refund that was charged on the order.
- If you cancel after the duration specified above, you will not receive any refund, but you will receive a full credit to your LDR account for the Rental Fee associated with the cancelled order. This credit can be applied to any future LDR rental.
- If you cancel the day of delivery, you will receive a credit to your LDR account for the Rental Fee associated with the cancelled order, minus a cancellation fee of Ksh 500.
Return Packaging. The LDR garment bagis not yours to keep. If the LDR carrying case is not returned you will be charged Ksh 350 fee (details below under “Lost Return Packaging”).
Receipt of the Products. Upon delivery, you bear responsibility for the Product(s).In the event that an un-secure shipping address is provided, LDR 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 LDR will not be liable. You will be liable for all such delays and additional delivery fees.
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 stains, rips, missing beads, stuck zippers or other minor damage covered by the security deposit 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.
Return of the Products; Extensions. You agree to return the Products to LDR 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 on the Site, by phone to LDR; 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 garment bag to an LDR agent in CBD by 2 p.m. on the date that the Product is due. We are not responsible for any personal or other items left in the Products or which are returned to LDR in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at email@example.com. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.
Late Fees. If you return the Products late or not at all, a late fee of five hundred Shillings (Ksh 500) will be charged to the security deposit you used to pay the Rental Fee every day that you are late returning the Products, and you agree to pay such late fees. The late fee is payable for each order of Products that is not returned when due. If you have not returned a Product within two (2) days after the return date for the Product, your late return will be considered a non-return and LDR will charge you the maximum security deposit that you have already paid.
Lost return Packaging.If you lose the Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing LDR with necessary information on how to receive it. If you lose or fail to return the LDRcarrying case you will be charged Ksh 350. If you still possess the LDR carrying case, it is yours to keep, though on an “AS IS” basis without warranty of any kind.
Limited Warranties. The following are the limited warranties LDR provides in connection with Product rentals. LDR’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 security and delivery charges) as determined by LDR.
- Correct Products. Subject to availability, 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 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.
- Clean and Ready to Wear. The Products will be professionally cleaned and delivered ready to wear. LDRinspects each Product with the utmost care, but use of the Product is at your own risk and LDR shall not be held liable for any health-related complaints associated with any Product.
- Sizing Returns. If your Product does not fit you, then you may return the Product to LDR within 12hours (excluding Sundays and holidays) of the date you received the Product by contacting LDR at firstname.lastname@example.org or phone +254 702793043 | +254 775073203.
USE OF THE SERVICES
A. LDR Content
Content Provided “As Is.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“LDR Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The LDRContent is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any LDR Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the LDR Content.
Updates.We may update the LDRContent, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to email@example.com. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all case
- Third Party Content
Links to Third-Party Websites. The Services may contain links or references to non-LDR websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and LDR is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from LDR, and LDRhas no control over the Third Party Content. In addition, a link to any Third Party Content does not imply than LDRendorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
C. Acceptable Use Policy
Use of LDR Content. No part of the Services, including the LDR Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that LDR authorizes you to view, copy, download, and print LDR Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the LDR Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the LDR Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the LDR Content.
Use of the Services. You may not use the Services to: (i) transmit any content, information or other materials that are, or which LDR considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, tribe, religion, gender, national origin, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, tribalism, hatred or profanity; (ii) sell or promote any products or services, including any, tobacco, fire arms, or alcoholic beverages; (iii) display material that exploits children under 18 years of age; (iv) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (v) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a LDR representative; (vi) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (vii) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend LDR and its agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, lawyers’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
D. Your Content
If you post, upload or make available to LDR or the Services, or otherwise submit to or through LDRas part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to LDR a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize LDR to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
E. Your Account
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify LDR promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the LDR Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
You agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors.Any unauthorized use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. By way of example only, and not as a limitation, “Luxur Dress Rentals” and the LDR logo are registered trademarks.
- Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us firstname.lastname@example.org. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
- Termination ByLDR
Any violation of these Terms, including any of the prohibitions, may result in suspension or termination of your access to the Services and/or removal of Your Content. LDRmay also terminate your account if LDRdetermines that your conduct poses a risk or liability to LDR, or for any other reason as determined by LDRin its sole discretion.
- Informal Process First
Both you and LDR agree that in the event of any dispute between us, you and LDR will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms of Services, shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party. The venue of the arbitration shall be Nairobi. The language used in the arbitration proceedings shall be English. The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act 1995 Chapter No. 4. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts.
LDR makes no representation that the Services are appropriate or available for use outside Kenya. Those who choose to access the Services or any part thereof from outside Kenya to do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that LDR intends to announce or make available such products or services to the general public, or in your country. Contact LDR at email@example.com to determine which products and services may be available to you.
These Terms are the entire agreement between you and LDR relating to the subject matter herein and shall not be modified except by LDR in accordance with these Terms, or as otherwise agreed in writing by you and LDR. No employee, agent or other representative of LDR has any authority to bind LDR with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
LDR 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 LDR’s reasonable control.