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Rental Agreement

RENTAL AGREEMENT

These terms and conditions are a legal agreement between you ("You" or "Your") and Jossy LLC ("Jossy LLC.," "we," "us," or "our"), establishing terms and conditions under which You will submit information to, and rent dresses and accessories (each a “Product” and collectively, "Products") and receive related services (“Services”) from, Jossy LLC. via our website at www.jossy.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; RENTAL NOT PURCHASE; ADULT AGREEMENT REQUIRED.

 

 

This Agreement contains all the terms and conditions governing Your rental of Products from Jossy LLC. via the Website from time to time. You agree that Your general use of our Website, other than rental orders as set forth in this Agreement, is subject in all respects to our Website Terms and Conditions of Use available at Terms & Conditions and Privacy Policy, as such terms may change from time to time. No other terms or conditions (preprinted or otherwise) shall have any force or effect. You agree and acknowledge that You are renting the Products and that ownership of the Products remains with Jossy LLC. at all times. 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.

 

 

 

  1. 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 Jossy LLC. 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 Jossy LLC., shall be paid by You to Jossy LLC. in connection with Your order for the rental. You may cancel Your order for Products at least fourteen (14) days prior to the ordered delivery date with no penalties. For orders within 14 days you are, subject to the following cancellation fees: (i) for cancellations that are fourteen (14) or more days in advance of such delivery date, no cancellation fee; and (ii) for cancellations that are less than seven (7) days in advance of such delivery date, you will receive credit toward a future rental, but no refund.

 

 

 

  1. OUR COMMITMENTS TO YOU.

 

 

  1. Delivery to You. We will deliver the Products You ordered, including the specified size, color and design, 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 available. 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 insurance and delivery charges) as determined by us. See Section below.

 

  1. Guarantees.

 

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, insurance charges and delivery charges listed on the Site or App for your rental of the Product. When you place your rental order for a Product, you hereby authorize JOSSY to charge your payment card for the Rental Fee. JOSSY will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site or App 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 rental order for a Product, you hereby authorize JOSSY to charge your payment card for an amount equal to 100% of the original retail value of the Product (when new) set forth on the Site or App (“Retail Value”) plus applicable sales taxes; provided that JOSSY will only charge your payment card for an amount greater than the Rental Fee as described 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 JOSSY, shall be paid by you to JOSSY in connection with your rental order.

CANCELLATION POLICY. You may cancel your rental order subject to the following cancellation fees and policies:

If you cancel thirty (30) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.

If you cancel less than thirty (30) days but more than fourteen (14) days in advance of the delivery date, you will not receive any refund, but you will receive a full credit to your JOSSY account for the Rental Fee associated with the cancelled order. This credit can be applied to any future JOSSY rental.

If you cancel fourteen (14) or fewer days in advance of the delivery date, you will receive a credit to your JOSSY account for the Rental Fee associated with the cancelled order, minus a cancellation fee of $10.

RETURN PACKAGING. With delivery of the Product, JOSSY will provide you with a pre-paid, pre-addressed JOSSY carrying case/garment case or mailing envelope (as the case may be) as well as instructions for your use in returning the Products to JOSSY (“Return Packaging”). The JOSSY carrying case is not yours to keep. If the JOSSY carrying case is not returned you will be charged a $50 fee (details below under “Lost Return Packaging”).

RECEIPT OF THE PRODUCTS. Upon delivery, you bear responsibility for the Product(s). If however, you opt to have the Products delivered in Sarasota by 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 is highly recommended. A “secure shipping location” means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, JOSSY 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 JOSSY 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 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.

RETURN OF THE PRODUCTS; EXTENSIONS. You agree to return the Products to JOSSY in the Return Packaging on or before 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, App or by phone or email to JOSSY; 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 UPS store located in the United States by 12 p.m. on or before 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 JOSSY 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 help@jossy.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 fifty dollars ($50.00) 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 JOSSY for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 100% of the Retail Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products 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 twenty (20) days after the return date for the Product, your late return will be considered a non-return and JOSSY will charge your payment card the maximum late fee set forth in this Section 2(B), less any late fees that you have already paid, plus applicable sales tax.

PAYMENT OF 100% RENTAL VALUE JOSSY 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 2(B), excluding collection costs. If you pay JOSSY an amount equal to 100% of the Retail Value under this Section 2(B) 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 2(B).

LOST RETURN PACKAGING. 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 JOSSY with a tracking number. Also, if you lose or fail to return the JOSSY carrying case you will be charged $50. If you still possess the JOSSY carrying case, it 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 2(B).

LIMITED WARRANTIES. The following are the limited warranties JOSSY provides in connection with Product rentals. JOSSY’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 insurance and delivery charges) as determined by JOSSY. See Section 7(A) below.

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 or App.

CLEAN AND READY TO WEAR. The Products will be cleaned and delivered ready to wear. JOSSY inspects each Product with the utmost care, but use of the Product is at your own risk and JOSSY 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 JOSSY within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting JOSSY at help@jossy.com or phone and returning the Product in conformance with the return procedures above (a “Sizing Return”). JOSSY will then issue you a credit for the full Rental Fee (less shipping or delivery charges) of the Product for a future rental by you of our Products, so long as the Product, in our sole discretion, has not been worn.

FIRST RENTAL OF A DESIGNER’S PRODUCT. In order to provide greater assurance that a Product from a new designer (i.e., one from whom you have not previously ordered a Product through the Services) will fit properly, you may opt to order a second item at a reduced charge, as set out on the Site or App, for the same days for which you rent the first size of that Product (a “Spare”), subject to availability. In such event, any Spare must be returned together with the Product with which it was ordered. These Terms apply to any Designer Spare just as to any other Product, including without limitation the requirements of this Section 2(B); provided that (i) the credits described under “Sizing Returns” will not apply to a Product or Spare unless both the Product and the Designer Spare are returned together in conformance with these Terms and (ii) no credit will be issued to you for the Spare unless you were originally charged for it by JOSSY. JOSSY may discontinue the availability of Spares at any time.

BACKUP PRODUCTS. If you order a Product hereunder, you may also order a backup Product (at the same or lower price tier as the first Product) (a “Backup Product”) for a reduced rate, as set forth on the Site or App, for the same time period that you order the first Product. Any Backup Products must be returned together with the Product with which it was ordered. These Terms apply to any Backup Products just as to any other Product; provided that the sizing guarantees and credits described under “Sizing Returns” do not apply. We may discontinue the availability of Backup Products at any time.

 

 

  1. 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.

 

  1. 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.

 

  1. 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 contact@jossy.com or following the links provided at the bottom of those e-mails when available.

 

  1. DETAILS ON OUR COMMITMENT TO YOU.

 

 

  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.

 

  1. Remedies. Your sole and exclusive remedy and Jossy LLC.’s sole and exclusive liability for a breach of Jossy LLC.’s limited warranty shall be, at Jossy LLC.’s option, Jossy LLC.’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).

 

  1. 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.

 

  1. LIMITATION OF LIABILITY.

 

 

  1. No Indirect Damages. IN NO EVENT JOSSY LLC. (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 JOSSY LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

  1. Limited Direct Damages. JOSSY LLC.’S (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.

 

  1. 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.

 

  1. MISCELLANEOUS.

 

 

This Agreement constitutes the entire agreement between You and Jossy LLC. 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 Jossy LLC.. 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 the laws of the State of New York, excluding its conflicts of laws principles. You shall not assign this Agreement without Jossy LLC.’s prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. All sections above and below 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. Jossy LLC. shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, shipping company delays, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.