Rental Agreement – Luxe Bag Rental

Rental Agreement

These terms and conditions (the "Agreement") are a legal agreement between you (the “Customer”, “you” or “your”) and Luxe Bag Rental ("we," "us," "our,” or “Luxe Bag Rental”), establishing terms and conditions on which you will submit information to, and rent handbags ("Product" and collectively, "Products") and receive related services ("Services") from, Luxe Bag Rental via our website at https://luxebagrental.ca (the “Site”). 

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY HAVE CHANGED SINCE YOU LAST ACCESSED THE SITE OR USED THE SERVICES. BY SUBMITTING AN ORDER FOR PRODUCTS OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES OR SITE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT INCLUDING THE WEBSITE TERMS OF SERVICE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DO NOT PLACE AN ORDER AND YOU WILL NOT BE PERMITTED TO RENT OUR PRODUCTS.

The Products and Services are controlled or operated (or both) from Canada, and are not intended to subject Luxe Bag Rental to any non-Canada jurisdiction or law. You may not use the Services to rent or purchase Products outside of Canada. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Product or Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Luxe Bag Rental reserves the right, at its sole discretion, to change, modify, add or remove portions of the terms of this Agreement, at any time, for any reason and will apply to the rental of any Products after the date of such change. It is your responsibility to check this Agreement periodically for changes. This Agreement applies every time you submit an order for Products or otherwise use our Services. 

1. Luxe Bag Rental Service 

As long as you comply with this Agreement, Luxe Bag Rental allows you to rent Products, by which you place an order for selected Products through the Site, make a payment according to the term (as defined below, the “Term”) and prices (as defined below, the "Rental Fee" published on the Site, and have the Products shipped to the address specified on the order. You agree and acknowledge that you are renting the Products and that ownership of the Products remains with Luxe Bag Rental at all times, unless otherwise specified in this Agreement.

2. Registration; Eligibility; Limits; Newsletter Signup

Registration. Before you can begin use of the Luxe Bag Rental Services, you must register through the Site to obtain an account. By registering as a member through the Site you are providing 'written instructions' to Luxe Bag Rental to obtain information from your personal credit profile, background profile, or other information. You authorize Luxe Bag Rental to obtain such information solely to confirm your identity to avoid fraudulent transactions in your name. Typically this is done when reserving a "Background/Credit Check Required" Product, however we reserve the right to perform this at any time an order is placed. You agree to provide true, accurate, current and complete information about yourself and current information for a valid payment method that you are authorized to use as prompted by the Site's registration form and you agree to maintain and promptly update the Account section of the site to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse to offer you any and all current or future use of the Services and the Site. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately.

Eligibility. For the purpose of renting the Products herein, you represent that you (i) are 19 years of age or older, and (ii) are a legal permanent resident of Canada, and (iii) maintain a valid address for the shipment of orders, and (iv) have an account with a credit institution located in Canada, and (v) are authorized to use the chosen payment method (including, without limitation, major credit cards) by a Canada-based financial institution, and (vi) have a valid email address. If it is your first time ordering, we may require emailed proof of ID and verification of physical address. Luxe Bag Rental will occasionally perform credit and/or background checks on Customer accounts with our approved third party vendor and we reserve the right to request additional Customer documentation in order to determine eligibility prior to fulfilling your rental order.

Limits. You acknowledge and agree that we may place limits on the rental of Products, including but not limited to restricting orders placed under a single Customer account, payment card or billing or shipping address. Luxe Bag Rental reserves the right to limit, cancel or prohibit any rentals of Products for any reason, at any time, at our sole discretion. In the event an order is canceled, the funds authorized or charged are released by Luxe Bag Rental and are then subject to the rules of your financial institution, in determining the time period by which you will have the funds back.

Newsletter Signup. The newsletter sign up is for Canada customers. By registering, your information will be collected and used in the Canada subject to our Privacy Policy and Website Terms of Service. 

3. Rental Fees; Refundable security Deposit; Payment Methods; Payment Card Authorizations; Credit Check Authorization

Rental Fees. The rental fee (“Rental Fee”) for the Product(s) will be the total of the rental fee and delivery charges listed on the Site in connection with your rental of the Products. When you place your rental order for a Product, you hereby authorize Luxe Bag Rental or its agent to charge your payment card for the applicable per-item Rental Fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Services. Luxe Bag Rental will charge your payment card the amount of the Rental Fee immediately upon verification of your rental order. A reservation of a Product on the Site is an order for the rental of that Product, regardless of how far in advance that Product is reserved.

Refundable Security Deposit. Some Products may be subject to a refundable security deposit ("Deposit") and will be determined by Luxe Bag Rental at its sole discretion. The Deposit amount for each Product is published on the Site. Luxe Bag Rental will charge your payment card for the amount of the Deposit at the time the order is dispatched. The Deposit will be refunded once the Product has been returned and cleared of damage or can be put towards another rental upon your request.

Payment Methods. We accept Visa, MasterCard, Discover Card, and American Express credit cards only. No cash, checks, money orders, debit cards, pre-paid cards or PayPal payments are accepted as a form of payment at this time.

Payment Card Authorizations. In addition, at the time of your rental order for a Product, you hereby authorize Luxe Bag Rental to charge your payment card for an amount equal to the original Manufacturer's Suggested Retail Price of the Product (when new) set forth on the Site (“MSRP Value”) plus applicable sales taxes; provided that Luxe Bag Rental will only charge your payment card for an amount greater than the Rental Fee in the circumstances set forth below. We reserve the right to determine whether your payment method(s) is/are pre-authorized to accept a minimum charge equal to each Product for rent. In the event Luxe Bag Rental feels the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding items and/or that you provide a second valid payment method before continuing to your rental. Once the order has gone through and shipped, only the actual amount of the order and any applicable taxes/fees will be charged. In the event an order is canceled, the funds authorized are released by Luxe Bag Rental and are then subject to the rules of your financial institution, in determining the time that you will have the funds back. If your credit card is denied for any reason, your order will not be processed until you provide a new, valid card to Luxe Bag Rental. Your order will not be processed until your payment has been confirmed. This helps prevent fraudulent use of your credit card. If your credit card has expired, is declined or no longer valid while in possession of one or Luxe Bag Rental's Products and a new rental term is due, you must update your payment information as soon as possible to avoid any late payment. If you do not pay the amounts you owe to Luxe Bag Rental when due, Luxe Bag Rental reserves the right to request all outstanding Products to be returned until outstanding payments by the Customer are cleared, and reserves the right to use different means to collect payments from you including but not limited to legal action and/or private collection agencies. You agree to pay Luxe Bag Rental's costs of collection, including without limitation reasonable attorneys' fees.

Credit Card Authorization. You hereby authorize Luxe Bag Rental's trusted third party to perform a credit report and obtain a background check.

4. Delivery; Billing And Shipping; Receipt of The Products; Shipping Policies

Delivery. Your Products will be delivered through Canada Post (or another shipping partner selected by Luxe Bag Rental) to the address specified at the time of order, subject to the additional delivery charges set forth on the Site. The shipping method used will be at the discretion of Luxe Bag Rental. After your order is dispatched, you will receive an automated email with a tracking number so you can easily trace your package. Luxe Bag Rental’s estimated delivery time and shipping fee vary per (i) inventory availability, (ii) your delivery address, (iii) when you place an order, and (iv) other circumstances impacting delivery. Accordingly, Luxe Bag Rental makes no guarantees as to actual delivery time.

Billing and Shipping Address. Your billing address must be the same as the shipping address. We cannot ship to a different address than we bill to, unless otherwise authorized by us in advance. Email info@luxebagrental.ca if you require further advice on the delivery of your order.

Receipt of Products. In order to help ensure the safe and secure delivery of your order, the carrier will require an adult signature upon delivery for all orders. Upon delivery to the address specified on the order, you bear responsibility for the Products. If you are unable to locate a confirmed delivery, you are required to contact Luxe Bag Rental immediately to place a tracer investigation and to temporarily suspend the rental period. All tracers take 8-12 business days to complete and until the results of the investigation are received, we are not able to proceed with the resolution of a lost Product.

Shipping Policies. All other current shipping policies governing the delivery of Products are detailed on the Site.

5. Rental Term; End Of Term Return of The Products; Extensions

Rental Term. The Rental Term ("Term") will begin on the day of delivery to the Customer (verified by the Canada Post delivery scan/signature confirmation) and conclude on the day that you ship the Products back to our distribution center (verified by the Canada Post tracking). The Rental Term is calculated in calendar days. If the end of a rental term occurs on a weekend or holiday when the carrier is closed, the following available business day will be used for calculations. Please keep records of both deliveries in case of missing shipments and as proof of filing.

End of Term Return of the Products. You agree to return the Products to Luxe Bag Rental in the original shipment packaging (the "Return Packaging") on or before the return date for the Products that are identified in the online invoice for your order. You must return the Product by delivering the Product in the Return Packaging to a Canada Post store located in the Canada by 12 p.m. on or before the date that the Product is due. The Product must be returned in the condition it has been delivered, along with all accessories in its original packaging. If you return the Products late or not at all or when returning a damaged Product, the provisions set forth in Section 7 below apply.

Extensions. You may extend your order by phone or email to Luxe Bag Rental; 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.

6. Use Of Products; Loss, Theft, Or Degradation Of The Products; Non-Return; Counterfeit Return

Use of Products. Products available for rent are new or slightly used. Please note due to the nature of the material(s), lighting used in photoshoot, or your display settings, the color may vary slightly from product to product. Notwithstanding, you agree to treat the Products with great care and take all necessary precautions to avoid damage and keep them in their original condition. 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 encompasses minor damage as determined by Luxe Bag Rental at its sole discretion. 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 at the discretion of Luxe Bag Rental, up to the MSRP Value for the Product to allow for substitution. Products rented from Luxe Bag Rental are for personal use only. Products may not be sublet, loaned or used for professional or commercial purposes.

Loss, Theft, or Degradation of the Products. When damage occurs to a Product beyond normal wear and tear, you are required to immediately communicate to Luxe Bag Rental via phone or email. The Product will need to be sent back to our distribution center immediately for evaluation. Under no circumstances should you attempt to have the item repaired—any efforts on your behalf to do so will result in you being charged the full MSRP Value for the Product. If the repairs of the damaged Product take beyond the expiration of your Term, Rental Fees will continue to accrue until the Product is completely repaired and can be rented again. You are also responsible in the event of a theft or loss of a Product and therefore you will be responsible for the full MSRP Value immediately upon notification of the loss of the item. Rental Fees will continue to accrue until the payment is received in full. Also, Luxe Bag Rental reserves the right to close your account at any time if we notice multiple cases of excessive damage or abuse to the items you have rented. You should notify Luxe Bag Rental immediately via phone or email when the item is lost or stolen.

Non-Return. If you return the Product late or not at all, a late fee of twenty-five dollars ($25.00) 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 Luxe Bag Rental for every day that you are late returning the Product, and you agree to pay such late fees, up to an amount not to exceed the MSRP Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each Product that is the subject of the order that is late. If you have not returned a Product within seven (7) days after the return date for the Product, your late return will be considered a non-return and Luxe Bag Rental will charge your payment card the maximum late fee set forth above, less any late fees that you have already paid, plus applicable sales tax. 

Counterfeit Return. Luxe Bag Rental validates that the original Product is returned once they arrive at our distribution center. If an item is detected to be a copy or counterfeit, Luxe Bag Rental will charge you the full MSRP Value, close your account immediately, and may notify appropriate law enforcement officials of the theft.

7. Payment of MSRP Value 

Luxe Bag Rental will not charge you for more than an amount equal to the full MSRP Value plus the Rental Fee, in the aggregate, for any charges arising under this Agreement, excluding collection costs. If you pay Luxe Bag Rental an amount equal to the full MSRP Value 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 Agreement.

8. Returns And Refunds

Rental Returns. Rental orders are not accompanied by the right of return. Any rental fee is due reward for all of its initial period and will not be entitled to any refund, exchange or compensation in the case example of an early termination of the rental order, unless early termination arises due to breach of rental agreement by Luxe Bag Rental.

9. 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, court costs, interest at a rate equal to one and half times the legal interest rate, accrued rental fees until the product is returned or replaced and can be rented again, and such other remedies that may be available to us.

10. Disclaimer Of Warranty

THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS”. LUXE BAG RENTAL MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

11. Limitation Of Liability

No Indirect Damages. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF YOUR USE OF THE SITE, THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LUXE BAG RENTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limited Direct Damages. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, LUXE BAG RENTAL IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF THIS AGREEMENT, THE PRODUCTS AND/OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, LUXE BAG RENTAL'S LIABILITY SHALL IN NO EVENT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

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.

12. Indemnification

You agree to indemnify and hold Luxe Bag Rental, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Site, the Products or Services related thereto, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.

13. Miscellaneous

This Agreement, (including the Website Terms and Conditions and the Privacy Policy referenced in this Agreement) constitute the entire agreement between you and Luxe Bag Rental 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 Luxe Bag Rental. 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 or condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the Province of Calgary, excluding its conflicts of laws principles. You shall not transfer or assign this Agreement without Luxe Bag Rental's prior written consent. Termination of this Agreement will not relieve you of any payment obligations hereunder. Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 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. Luxe Bag Rental 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.

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