MATERNITY DRESS RENTAL AGREEMENT
ARTICLE 1: INTRODUCTION
Mama Bump Rentals, LLC (“Mama Bump Rentals”) provides a large inventory of clean, fashionable, and previously worn maternity gowns for your use (the “Gown”). Use of any rental services, Gown or information offered by Mama Bump Rentals (the “Services”), is governed by the following terms (the “Agreement”). By using the Services you (‘you” or “Renter”) consent to be bound by the Agreement and acknowledge your agreement to its terms. If you do not agree to be bound by this Agreement, you may not use the Services. All use by you of the Services is governed by this Agreement.
Please read the Agreement carefully, because it is a legal contract and imposes obligations on you as a user of the Services.
BEFORE CLICKING ON THE “I ACCEPT” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING THE “I ACCEPT” BOX, YOU WILL BE BOUND BY THIS AGREEMENT, AND YOU SIGNIFY YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE THAT YOU ARE EITHER EIGHTEEN YEARS OF AGE OR HAVE THE INVOLVEMENT AND APPROVAL OF YOUR PARENT OR LEGAL GUARDIAN. BY CLICKING THE “I ACCEPT” BOX, YOU FURTHER AGREE THAT YOU HAVE OR WILL REVIEW AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE SERVICES.
ARTICLE 2: RENTAL
You agree that you are renting the Gown and that Mama Bump Rentals retains all ownership in the Gown. You agree to pay the rental fee set forth on the website and other fees, damages, taxes, and costs including but not limited to late fees or liquidated damages. Total paid at Checkout include return shipping for rentals. We charge your credit card at the time of the rental reservation for the rental amount, delivery charges, and taxes set forth on the website. You may cancel a reservation up to 24 hours after placing your order. If you cancel after that time but before shipment, Mama Bump Rentals will refund your credit card on file 50% of the cost of the dress rental (exclusive of shipping and other costs). 3.4% + $.30 credit card processing fee are non-refundable on ALL orders. Reservation that is cancelled after shipping label has been created is non-refundable. It is your responsibility to inspect the Gown upon delivery and confirm that you received the Gown you ordered. In the event you receive a Gown that is not the Gown you ordered or have identified a quality issue; you must contact Mama Bump Rentals immediately within 24 hours from the time of delivery. And await a confirmation from one of our customer service representatives. Images of the unworn garment inventory tag and or quality issues must be emailed to Rentals@mamabumprentals.com within 24 hours of delivery. If the timeframe passes the 24-hour period after receiving the gown, there is no way for us to determine or identify if the quality issue was there prior to shipment. Once confirmed the incorrect garment was shipped, Mama Bump Rentals will ship you your reserved garment if available or one similar to it if it is no longer available. Please be advised, your rental period may require adjustments to accommodate standard transit time for replacement gown. There is a $15 change of date or change of dress fee per garment (plus price difference of new dress if any) once an order has been placed and is based on the availability of each dress.
Upon delivery, use of the Gown is at Renter’s risk. Renter assumes sole responsibility for the Gown while in Renter’s possession upon tracking stating delivered by shipping carrier. Renter shall be liable for any loss, theft, damage, staining or destruction of the Gown while in possession of the Gown in addition to any charges incurred for the rental of the Gown. Renter must return all rented Gowns in the condition in which it was delivered to Renter. Should organic debris be found on the dress excessive cleaning fee of $20 will be applied. If there is a spill and stain, please do your best to stop the stains from setting. Small rips or other minor repairs will be charged a repair fee if reparable and not is a noticeable section of the dress. All garments are not permitted to be used in water due to high risk of full damage to gown due to water stains, mud, and mold. Damage to the Gown that cannot be repaired including punctured holes due to high-heels or anything similar including stains that are not removed with cleaning will require Renter to pay for the 200% the cost of a new garment. The 200% cost will cover a new gown and up to 4 clients refunded as we wait 4-8 weeks for a replacement gown to be made and delivered by the designer. You can purchase insurance for $5 for minor wear and tear: lost beads, stuck zipper, and small rips along seems and hems capable of repair. You agree to allow Mama Bump Rentals to use the credit card at the time of purchase to cover any repairs, damages, replacement of a Gown and/or late fees associated with your rental of the Gown at the time of the return of the Gown. Gowns not returned with their garment bag will be charged a $10 replacement fee. If the Gown you rented is returned in a timely manner and there is no cause for further charges as set forth in this Agreement, Mama Bump Rentals will not charge your credit card beyond the amount collected at the time of the rental. Delinquent accounts are subject to 30-40% collections fee.
*Fedex has suspended their “money-back guarantee” on all shipments until further notice. All shipping labels are non-refundable.
ARTICLE 3: RENTAL PROCESS
You will receive a clean, thoroughly inspected Gown from Mama Bump Rentals on or before the date you have requested. The Gowns are previously worn and some signs of use should be expected. Along with the Gown you will receive the return shipping material in the form of a label and package. It is your responsibility to hold on to this shipping material until it is time to return the Gown. If you lose this shipping material, you must ship the Gown at your own expense and provide a tracking number to Mama Bump Rentals. Failure to provide the tracking number will result in the date of arrival at Mama Bump Rentals to be considered the received date and not the date of shipment. You have five days from the requested start date to have the Gown shipped back to Mama Bump Rentals in the shipping material provided to you. In order to be considered shipped within a timely manner, the return package must be in the shipping process on the end date communicated to you at the time of purchase and delivery. An active scan on your return parcel is required on your selected end date by 5pm.
ARTICLE 4: LATE FEES
We take pride in providing the best quality service to our customers which begins with an on-time delivery. When a dress is not returned back on time by the customer it impacts us to fulfill our promises to our other customers which harms our business. We expect our customers to return the dresses on time by their end date to ensure we can deliver to our future customers on time as well. Late fees are $35 per day per rental item and can accumulate up to 200% of the purchasing price of each garment. Late fees for Maternity Shorts & Accessories are $15.00 per garment per day. Returns would need to be mailed back with an active scan with the shipping carrier noted on your return label by 5pm to avoid any late fees. This ensures your package is scanned in and returned to us on time. Please be advised as you are liable for any late fees incurred, regardless of any third party involved with the return. Do not leave your returns with any third party (such as hotel, mail room, postmaster, postal annex, Office Depot/Office Max, Staples, or friend) for return. Delinquent accounts are subject to 30-40% collections fee.
ARTICLE 5: LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MAMA BUMP RENTALS OR ITS EMPLOYEES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR MISUSE OF, OR THE INABILITY TO USE, THE CONTENT OR SERVICES, EVEN IF MAMA BUMP RENTALS OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT SHALL MAMA BUMP RENTALS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING UNDER OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE GOWN EXCEED THE AMOUNT PAID BY YOU TO MAMA BUMP RENTALS FOR THE GOWN. BY USING THE SERVICES YOU AGREE THAT THE SERVICES, INCLUDING THE GOWNS, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED BY MAMA BUMP RENTALS AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ARTICLE 6: INDEMNIFICATION
Renter agrees to defend, indemnify and hold harmless Mama Bump Rentals and its owners, officers, shareholders, operators, agents and employees (each individually, an “Indemnitee”) from all actions, suits, claims, demands, and proceedings (“Claims”), and any judgments, damages, losses, debts, liabilities, penalties, fines, costs and expenses (including reasonable attorneys’ fees and costs of court) resulting therefrom whether arising out of contract, tort, strict liability, misrepresentation, violation of applicable law and/or any cause whatsoever brought or commenced by any person or entity against any Indemnitee for the recovery of damages for the injury, illness and/or death of any person, or loss or damage of property arising out of or alleged to have arisen out of the use of the Gown rented by Renter.
ARTICLE 7: MISCELLANEOUS
This Agreement contains the complete expression of the agreement between the parties with respect to the matters addressed herein and there are no promises, representations, or inducements except as herein provided. The terms and provisions of this Agreement may not be modified, supplemented or amended by you. All terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by your successors and permitted assigns. No transfer of any right or interest of Renter under this Agreement, in whole or in part (whether voluntarily or by operation of law), directly, indirectly or contingently, shall be permitted without the prior written consent of Renter. Mama Bump Rentals may assign this Agreement without the consent of Renter. Failure by either party hereto to enforce at any time or for any period of time any provision or right hereunder shall not constitute a waiver of such provision or of the right of such party thereafter to enforce each and every such provision. Mama Bump Rentals shall not be responsible for delay or failure in performance resulting from acts beyond its control. Such acts shall include, but not be limited to an act of God, an act of war, riot, an epidemic, fire, flood or other disaster, an act of government, or a strike or lockout. This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of North Carolina, shall be the only proper place of venue for all suits arising from or related to this Agreement, and any legal proceedings to enforce the provisions hereof shall be brought in the federal or state courts located in Fayetteville, NC.
ARTICLE 8: PHOTOGRAPHERS DISCOUNT
A discount of 15% on rentals is offered in exchange of 3 images and link/tags in at least one outlet of social media.
A note in regards to photographers professional website MUST be noted at checkout, or the rental is subject to cancellation without notice. Three images are to be sent via Dropbox to firstname.lastname@example.org within a 3 week time frame from date of gown return shipment.
When images are used in social media a link/tag must be made in at least one outlet of social media in the same 3-week time frame from rental return shipment.
If these requirements are not met, the renter’s card will be charged $15 or 15% the rental price of the gown per item, whichever is greater for the breach or photographers discount agreement.
ARTICLE 9: Refunds on Mama Bump Signature
We must be contacted and receive a return tracking number within 5 DAYS of receiving your item. The item must be unworn, unwashed, undamaged, with no stains, alterations or smells and tags still attached.
A 30% restocking fee will be charged. The remaining balance will be sent back via the same method of payment used when ordering.
Returns made between 7 days to 14 days of receipt will be an exchange only.
Returns are not accepted after 15 days of receipt
SALE ITEMS ARE NON-REFUNDABLE
If you receive the item and there is an issue with quality (i.e. Spots in the fabric or other damage missed in our quality inspection) you must notify us within 24 hours of receiving your order for it to be exchanged only – otherwise we cannot prove the damage was done prior to shipment. Please look over your items!
Damages to package in shipping: Sometimes packages are damaged in shipment. Please take photos of the package and the damages to the item so a claim may be filed with the shipping provider.
Shipping fees, rush orders and custom fees are not refundable.
** !!!! If the gown is damaged in any way (makeup, deodorant, pet hair, strong smells, rips, tears, etc) or does not have a tag, it is NOT returnable/exchangeable and will be returned to the sender. ** NO EXCEPTIONS
Return Shipping is the customers responsibility
When a refund is issued it can take from 3-5 business days to appear on your method of payment. If it is not received in that timeframe, please contact us. A 3.4% +$.30 credit card processing fee are non-refundable on ALL orders.
ARTICLE 10: BRAND AMBASSADOR AGREEMENT
Brand Ambassadors or clients booking/reserving the rental are responsible for returned photos to Mama Bump Rentals per agreement in contract or a non-submission photos penalty fee will apply which is the price of the rental and shipping. All Ambassadors are required to return at least two solo in use product shots per rental.
ARTICLE 11: Refunds or Exchanges on Retired MBR Dresses
There is NO Refunds or Exchanges on ANY Retired Dresses from MBR