Customer Rental Agreement
This Customer Rental Agreement (this "Agreement") is a legal agreement between you, the customer, ("you" or "your") and Own The Boardroom, Inc. ("Own The Boardroom," “OTB,” "we," or "us"), establishing the terms and conditions under which you will rent tuxedos, suits, accessories, and other items (each a "Product" or "Products") and receive related services from us through our website at owntheboardroom.com.
Carefully read this customer rental agreement. By ordering Products, you are agreeing to be bound by and are becoming a party to Agreement). If you do not agree to all the terms of this Agreement, you will not be permitted to rent Products from Own The Boardroom.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL USE CONDITIONS
This Agreement contains all the terms and conditions governing your rental of products from Own The Boardroom. You agree and acknowledge that you are renting from Own The Boardroom and that ownership of the Products remains with Own The Boardroom, Inc. at all times.
Our products may be rented for use by individuals under 18 years of age, but rentals are made only to adults who must provide credit card information which must be approved by our merchant and processing agent. 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 reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – RENTAL FEES AND CREDIT CARD AUTHORIZATIONS
The rental fee ("Rental Fee") for the Products will be the Rental Fees, accidental damage waiver, taxes and any other associated charges detailed on the checkout page of our website in connection with your rental order. Upon placing your order for Products, you 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 you completing your order on our website.
You represent that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described herein. A reservation for a Product on our website is an order for the rental of that Product, no matter how far in advance the order is placed. In addition to the Rental Fee, you further authorize us to charge your credit card for any Late Fees, Replacement Fees or other damage amounts as set forth in Section 7 below.
You understand that your content (not including credit card information), may be transferred un-encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
SECTION 4 – PRODUCT QUALITY, SIZING, AND TAILORING
We will ship to you the Products and sizes as requested by you through our website ordering system. When you receive the Products you ordered, you should immediately inspect and try on the Products. If any item does not fit due to measurement error, you must notify us within 48 hours of order delivery, and we will ship you a replacement item at no additional cost to you.
SECTION 5 - CANCELLATIONS
You may cancel your and receive a full refund with no cancellation fee. For cancellations that are less than 3 business days prior to your event date, you will receive a rental credit for the full order amount, good towards a future rental order.
SECTION 6 – SHIPPING AND RETURNS
Your rental order will be shipped to you via United Parcel Service (UPS), and will be scheduled to arrive 1-2 days prior to your event date. We ship only to a valid residence, office or hotel street address within the continental US (we cannot ship to a P.O. Box). All orders are shipped in a high quality corrugated box.
A pre-paid return shipping label is included with every order. To return your rental order, place all rental items in the original shipping box, seal the box, and place the return shipping label over the old shipping label, and deliver the box to any UPS pick-up site. DO NOT TRY TO USE THE US POSTAL SERVICE TO RETURN YOUR ORDER. Be sure to return all rental items as listed on the included in your order. We are not responsible for any personal property returned with the rental order.
SECTION 7 – LATE FEES, DAMAGES AND REPLACEMENT FEES
The return date (“Return Date”) of a rental order is determined at the time of rental and will be explicitly stated in the confirmation email sent to the customer. All rental orders must be shipped back to Own The Boardroom no later than noon on the stated Return Date of the order. Orders must be returned in the original OTB shipping box. Your order will be considered returned when you follow these return instructions and deliver the box to any authorized UPS pick-up location. Orders not timely returned will be charged a daily late fee (“Late Fee”) at the rate of $20 per day for each day the order is late up to a maximum of 3 days. Any Products not marked shipped within 3 days of Return Date shall be deemed lost or appropriated and, in addition to Late Fees, you will be charged Product replacement fees ("Replacement Fees") as detailed below.
When you rent Products from Own The Boardroom, an Accidental Damage Waiver is added to the cost of your order. This waiver covers only damages that can be repaired through normal dry cleaning or minor tailoring. If we determine that a rental Product is damaged beyond repair, or if a rental Product is not returned, you will be charged a Replacement Fee for the item. Replacement Fees are equal to the retail price of the destroyed or unreturned Product. Unauthorized alterations made to a Product will result in an additional charge to return the Product to its original size.
You will be responsible for Late Fees, Replacement Fees and any other damage charges associated with Products you ordered and for any orders for Products initiated from your account. 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.
SECTION 8 – LIMITED LIABILITIES
In no event shall Own The Boardroom be liable to you or any third party for special, incidental, consequential, exemplary, punitive, multiple, or other indirect damages, or for the loss of profits or loss of use damages arising out of OTB Products or services, whether based upon warranty, contract, tort, strict liability, or otherwise, even if Own The Boardroom had been advised of the possibility of such damages or losses.
Limited Direct Damages. Own The Boardroom’s aggregate liability arising out of related Products and services, 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 service.
No Warranty. We do not make any representations or warranties about the products and all disclaimers set forth in the Terms & Conditions of Use will apply to the products and any other activities under this agreement.
SECTION 9 – FULL AND COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between you and Own The Boardroom 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 Own The Boardroom, Inc. and its authorized representatives. 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 Massachusetts, excluding its conflicts of laws principles. You shall not assign this Agreement without Own The Boardroom’s prior written consent.
SECTION 10 - Survivorship
Sections 1, 2, 3, 4, 5, 6, 7, 8 and 9 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. Own The Boardroom 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.