Saris and Things Rental Agreement
(1) General; Rental Not Purchase; Adult Agreement Required.
This Agreement contains all the terms and conditions governing Your rental of Products from Saris and Things. You agree and acknowledge that You are renting the Products and that ownership of the Products remains with Saris and Things. Our Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may purchase with a credit 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. We currently and generally limit the number of Products that can be rented by You and our other customers to four (4) at any time.
(2) Rental Fees; Credit Card Authorizations; Cancellations.
The rental fee (“Rental Fee”) for the Products will be the rental fee 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. We do not accept cancellations of orders once they have been submitted and payment has been made.
(3) Delivery & Shipping.
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 do 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.
(4) Sizing Return.
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 of the date you received the Product by contacting us via email and returning the Product. We will either replace the rental with a different outfit of your choice, or if one is not available, we will then issue you a credit for the full Rental Fee (less shipping charges) of the Product so long as the Product, in our sole discretion, has not been worn.
(5) Use of our products and your commitment to us.
Upon delivery, 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, Saris and Things 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 Saris and Things is not to be held liable, but You will be held liable.
Our products are rented in "AS IS" condition. 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.
(6) Return of 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.
You agree to return the Products to Saris and Things in the Return Packaging on the date set forth on the Website in connection with Your order. You may extend Your order for a Product on the Website or by phone to Saris and Things; 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. Return of the Product will be accomplished by You placing the Product in the Return Packaging in any appropriate U.S. Postal Service mailbox by 5 p.m on or before the date that the Product is due. If You return the Products late or not at all, a late fee of $50 per day will be charged to You, and You agree to pay such fees, up to the Retail Value of the Product. If You lose the Return Packaging, You will be responsible of replacing the envelope/box to return the Product.
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.
(9) Limitations of Liability.
IN NO EVENT SHALL SARIS AND THINGS 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 SARIS AND THINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
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.
(10) This Agreement constitutes the entire agreement between You and Saris and Things 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 Saris and Things . 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. 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. Saris and Things 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.
Saris and Things