These terms and conditions are a legal agreement between you (“You” or “Your”) and Ace and Jewels, (“Ace and Jewels,” “we,” “us,” or “our”), establishing terms and conditions under which You will submit information to, and rent veils and bridal accessories (each a “Product” and collectively, “Products”) and receive related services (“Services”) from, Ace and Jewels via our website at www.aceandjewels.com (the “Website”).
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ORDERING THE PRODUCTS, 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, YOU WILL NOT BE PERMITTED TO RENT THE PRODUCTS. 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; Adult Agreement Required.
2.Rental Fees; Credit 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 credit card for the Rental Fee. We will charge Your credit 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 Ace and Jewels to charge Your credit card for the entire original retail value of that Product (when new) 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, 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 Ace and Jewels, shall be paid by You to Ace and Jewels in connection with Your order for the rental. You may cancel Your order for Products within 24 hours of completing an order, subject to the following cancellation fees: (i) for cancellations that within 24 hours of Your completed order, no cancellation fee; and (ii) for cancellations that are more than 24 hours after Your completed, you will be charged the full price of the allotted order.
3. Ace and Jewel ordering
a. 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. You agree Products may appear slightly 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. See Section 5(b) below.
b. Return of Products. You agree that all purchases made are final sale. No exceptions will be made past the allotted cancellation or rental period (24 hours).
c. Delivery; Clean and Ready to Wear. The shipping method used will be at the discretion of Ace and Jewels. The Products can be delivered to you until 8:00 pm on your rental start date. The Products will be professionally cleaned and delivered ready to wear. We clean and recondition our products prior to each rental, however use of the product is at your own risk and Ace and Jewels 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 for Your use in returning the Products to Ace and Jewels (“Return Packaging”).
e. 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 Retail Value.
a. Receipt of the Products. Upon delivery, You bear responsibility for the Product(s). If however, You opt to have Your Products delivered out of Canada by an alternative courier service You agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. 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, Ace and Jewels 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 Ace and Jewels is 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. 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, or other 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 of 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 Ace and Jewels in the Return Packaging on the date set forth on the Website in connection with Your order. If You return a product late or not at all You will be charged a late fee of 5% of the Retail value of the product per each additional day that it is late. Should late fee not be paid, charges will first be taken from Your safety deposit. An invoice will be sent to you for any additional charges beyond the safety deposit. Any additional charges not paid, will be sent to collections. Return of the Product will be accomplished by You placing the Product in the Return Packaging in any appropriate Canadian postal service before 12 p.m on or before the date that the Product is due. 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 Ace and Jewels with a tracking number.
d. Payment of Retail Value. We will not charge You for more than the Retail Value plus the Rental Value, in the aggregate, for any charges arising under this Section 4, excluding collection costs. If You pay us the full 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 charges for the Retail Value pursuant to this Section 4.
e. 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.
f. 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.
g. Email. 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 email@example.com or following 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.
b. Remedies. Your sole and exclusive remedy and Ace and Jewels’s sole and exclusive liability for a breach of Ace and Jewels’s limited warranty shall be, at Ace and Jewels’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).
c. 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.
a. No Indirect Damages. IN NO EVENT SHALL SACE AND JEWELS (OR ITS 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 ACE AND JEWELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
b. Limited Direct Damages. ACE AND JEWELS (AND ITS SUPPLIERS’ AND LICENSORS’) AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND 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 Ace and Jewels. 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 Ace and Jewels. 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 Canadian Law. You shall not assign this Agreement without Ace and Jewels’s prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. All sections of this agreement 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. Ace and Jewels 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.