Borrow it Bindaas Rental Agreement
These terms and conditions are a legal agreement between you (“You”, “your”) and BIB Enterprise, LLC (“Borrow It Bindaas”, “www.borrowitbindaas.com”).
1. Rental Fees
The rental fee (“Rental Fee”) includes the stated rental fees, shipping costs, and stated insurance fees as listed on the website. We reserve the right to increase these prices without notice to you, understanding that we will not raise prices on orders that have been placed but not yet shipped. We rent only to adults using approved methods of payment unless a minor has been given permission to access the site. In the event that you are under 18 years of age, you may accept these terms and conditions and order products only with the involvement and approval of your parent or guardian.
By placing an order, you specifically and expressly authorize us to charge any credit card you have provided on the site or otherwise, for all rental fees. This amount will be charged immediately upon placing your order, and you agree not to withhold any amount from us. You also agree that should there be any charge disputes, you will consult us via email or telephone to resolve the same. This claim will be handled solely by us, and you, under no circumstances, will enlist the involvement of charge referrals or charge-backs with credit card issuers. You agree to indemnify us for any and all charges we may suffer by your involving of these third parties. Additionally we reserve the right to cancel the order or delivery of any product if you are delinquent in payments owed to us. You agree to pay an extra 1 ½ percent per month as a late fee, but not in excess of legal limits.
Rental fees exclude all state, city, or federal taxes, which to agree to pay in full either directly or in connection with Borrow It Bindaas through placing your order.
Cancellation of any order will be subject to incur fees. Any cancellation, made in accordance with these guidelines set herein or on the website, (30) days or more in advance of the delivery date shall not incur any cancellation fees.
Cancellations which occur less than (30) days of the delivery date full credit can be applied to a future rent on Borrow it Bindaas.
Cancellations must be made by emailing email@example.com or calling (888)-993-7623
Borrow it Bindaas will make every reasonable effort to deliver the items you order so that they may arrive on or before the first day of your rental by 8:00pm.
The shipping method will be at the discretion of BIB. While not expected, there are a number of factors that can contribute to a slow shipment or a delay in delivery. These include but are not limited to: availability of the product, bad weather conditions, cleared payment, a member’s delivery address, heavier mailing seasons, order placed after set deadlines, or other events beyond reasonable control.
Please know that once we have placed an order in the hands of the carrier, the responsibility for that item, or items, falls upon you the member. We are not responsible for any late deliveries due to any of the foregoing occurrences.
You also acknowledge that you must provide a Secured Shipping address (defined herein) in order to borrow or purchase any items from the site. A Secure Shipping address is defined as a location where the buyer or renter can physically and safely receive the products ordered. We are not responsible for items left unattended or neglected, and you also acknowledge that not providing a Secure Shipping address may incur further fees for you at the sole discretion of Borrow it Bindaas, and that you are solely liable for the items.
Our Guarantee: We will, subject to any allowances listed in these terms, deliver the products that you ordered including desired design, size, and color, on or before the date which you ordered them, except to the extent we informed you that your product was not available or guaranteed. We do our best to depict our products accurately and in detail, but due to differences in computer display interfaces there is a possibility that any item may appear different in color or style than in actuality. Our liability to you for failure to deliver desired product(s) is for a refund of the rental fee (excluding insurance and shipping costs) as determined by us.
We will deliver professionally cleaned products. We are not responsible for any health related risks you may take, though we do dry clean and inspect our products carefully and with care. Please use your own discretion when using our products. The insurance purchased on the site covers all reasonable wear and tear, so we discourage renters from attempting to clean any items themselves as it is included in this cost. Should you damage the item in attempting to clean or repair it, you accept that you may be charged the full retail amount as deemed fit by Borrow it Bindaas.
5. Other Issues
The State of Arrival: Should you believe that a product was delivered in a dirty or damaged manner, due to shipping or otherwise, you agree to notify us immediately on the day of delivery and tell us specifically why you reject the product(s). At our sole discretion, we will either issue a full or partial refund, issue store credit, or repair the non-conforming products subject to our availability.
Fit: If you find that your product does not fit you, you may return the garment within 24 hours (excluding Sundays and holidays) by emailing firstname.lastname@example.org or calling (888) 993-7623. We will then issue you a store credit for the full rental fee which can be applied towards future renting or purchases if, by our sole discretion, the item has not been worn or damaged in any way.
Saree blouses: As an added service, and to aid our customers, Borrow it Bindaas will provide one back-up blouse in different size for each saree rented in order to ensure that the product fits to their liking. Please note that we reserve the right to discontinue this extra blouse service at any time.
6. Using Our Products
By renting from Borrow it Bindaas, you accept that you are solely in charge of the garments you order, and you agree to treat them with the utmost respect and care. You alone are responsible for theft, fire, mysterious disappearances, malicious destruction, or any other cause other than normal wear and tear, determined by Borrow It Bindaas and it’s sole discretion. Normal wear and tear is covered by the insurance, including but not limited to missing beads, minor tears, minor stains, stuck zippers, or other small damage. If you return a product that is beyond normal wear and tear, than you acknowledge that we have the right to charge you up to full retail price, whatever we deem a reasonable cost for replacing the damaged item.
You agree to return the borrowed items by the date specified on the website when your order was placed. You may be able to extend your order by by emailing email@example.com or calling (888) 993-7623, accepting that they may not be available for reorder due to other members desire for the product, and you agree to the re-payment of rental fees applicable to the time extension. Return of the product is your sole responsibility, by using the provided pre-labeled envelope and dropping the product at any UPS store or UPS authorized retailer at or before 12pm, on or before the date the item is required to be shipped back as specified during the time of placing the order.
Late Fees: Should you return products late or not at all, you will incur a late fee of $75 dollars for every day after, on top of the initial rental fee that is already charged, and you agree to pay such rental fee should the item be missing for an extended period of time or forever, up to the 3X retail price in full. Should you pay these fees and continue to posses this product, it is yours to keep, though without any guarantee or warranty and on an “as is” basis. The limitations of this clause shall not apply to the rental fee, which is charged separately.
Return Packaging: Your order will arrive with a prepaid, pre-addressed envelope, as well as instruction for use and a list of the nearest drop off locations based on your address. Should you lose this return packaging, you will be responsible for returning the item at your own expense and providing Borrow it Bindaas with a tracking number by emailing firstname.lastname@example.org or calling (888) 993-7623.
8. Failure to Pay
Should you fail to pay any of the outlined fees or amounts that we are owed, then we will take measures to collect the money from you. You agree to pay the costs of collection, including reasonable attorney's fees and court costs.
9. Right to Terminate
We reserve the right to cancel your order, deny or revoke your membership at any time should you violate this Rental Agreement or Terms and Conditions, and for no reason other than our sole discretion.
This limited warranty applies only to you, and may not be sold or transferred. Our warranty does not apply to any matters rising from violation of this agreement.
Remedies: Your sole and exclusive remedy, at our discretion and liability, gives us the option to replace your product so that it may conform, or refund your rental fee (excluding shipping and insurance).
THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, HOWEVER IMPLIED OR EXPRESSED, EITHER WRITTEN OR ORALLY, (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF THE STATE OF THE ABILITY TO BE SOLD, OR THE APPROPRIATENESS FOR A CERTAIN USE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS OR RELATED SERVICES.
11. Limitation of Liability
IN NO WAY IS BORROW IT BINDAAS LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OR LOSS INCURRED DURING THE RENTAL OR PURCHASE OF OUR PRODUCTS, WHETHER INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, MULTIPLE OR OTHER UNFORESEEABLE OR FORESEEABLE DAMAGES, INCLUDING LOSS OF PROFITS WHETHER BASED ON WARRANTY, AND EVEN IF BORROW IT BINDAAS AS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME SOLE RESPONSIBILITY AND RENT FROM BORROW IT BINDAAS AT YOUR OWN RISK.
This Agreement constitutes the entire agreement between you and Borrow it Bindaas, with respect to the terms hereof, and is the final and complete statement of those terms, superseding all prior oral or written agreements. Modifications may be made by BIB alone, and we reserve the right to change or terminate this agreement at any time for no reason and without notice. Should we waive a term of this agreement, it does not waive every term of the entire agreement.This agreement shall be governed by and guided by California State law, excluding its conflicts of law principles, and you consent exclusively to the jurisdiction of the Court for the State of California, County of Orange, for the disposition of any filed action.Termination of consent will not free you from any binding fees you may owe. Should this agreement be held illegal or unenforceable, the truth of these terms shall remain in full blown effect. Borrow it Bindaas is not liable for failure to perform any and all of it’s obligations due to unforeseeable factors out of our control, such as disastrous weather, war, acts of terrorism, earthquake, interruptions of supply, fire and the like.