These terms and conditions (the "Agreement") are a legal agreement between you ("You" or "Your") and Tagged for You LLC, with corporate offices at 2525 Ponce De Leon Blvd. Suite 300 Coral Gables, FL 33134 ("Tagged for You," "we," "us," or "our"), establishing terms and conditions under which You will submit information to rent dresses (each a "Product" and collectively, "Products") and receive related services ("Services") from Tagged for You via our website at www.TaggedForYou.com (the "Website").
1. General; Rental Not Purchase; Adult Agreement Required.
2. Rental Fees; Payment Card Authorizations; Cancellations.
The rental fee ("Rental Fee") for the Products will be the rental fee, insurance charges and shipping (original and return) fees 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 payment card for the Rental Fee. We will charge Your payment card the amount of the Rental Fee immediately upon Your rental order. In addition, at the time of Your order of a Product, You hereby authorize Tagged For You to send you an invoice for $50/day until the full retail value of the item has been recovered-plus applicable sales taxes; 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 Tagged for You, shall be repaid by You to Tagged for You in connection with Your order for the rental. You may cancel Your order for Products subject to the following: (i) for cancellations made within 24 hours before the order has been shipped, You will be entitled to a full refund of the Rental Fee; If, however, the Product has already been shipped at the time of cancellation, You will be entitled to a refund of the Rental Fee minus shipping (original and return) fees and (ii) for cancellations made within twenty-four (24) hours after order is received, You will not receive a refund but You will receive store credit less any sales taxes to your Tagged for You account, to be applied to a future Tagged for You rental.
3. Our Commitments to You.
- Delivery to You. We will deliver the Products You ordered, including the specified size, color and design. 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 credit to Your Tagged for You account for the full Rental Fee of the Product. See Section 5(b) below.
- Return of Unworn Products Due to Size. If Your Product does not fit You, then You may return the Product to us within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting us via email and returning the Product. We will then issue you store credit for the full Rental Fee (less delivery charges and sales tax) 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
- Delivery; Clean and Ready to Wear. Your Products may be ordered and couriered to You within twenty-four (24) hours subject to the additional delivery charge set forth on the Website. Otherwise, all orders will be delivered using USPS priority mail, the cost of which is included in the Rental Fee. The shipping method used will be at the discretion of Tagged for You. The Products can be delivered to you until 8:00 pm on your rental start date. The Products will be professionally cleaned and delivered ready to wear. We dry clean and inspect each product with the utmost care, but use of the product is at your own risk and Tagged for You shall not be held liable for any health-related complaints associated with a product rented from our website.
- Return Packaging. With delivery of the Product, we will provide You with a pre-paid label, pre-addressed envelope as well as instructions for Your use in returning the Products to Tagged for You ("Return Packaging").
4. Your Commitments to Us; Payment of Rental Fee; Fees for Late Returns.
- Receipt of the Products. Upon delivery, You bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, Tagged for You 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 Tagged for You is not to be held liable, but You will be held liable.
- Use of the Products. You agree to treat the Products with great care and return in the same condition as when they were delivered to You. You are solely 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 wear that, in our sole discretion, occurs with typical use of clothing. 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, but in either event, You shall not pay an amount that is greater than the Retail Value for the Product.
- Return of the Products. You agree to return the Products to Tagged for You in the Return Packaging on the return date for the Products that is identified in the invoice for Your order. You must return the Product by delivering the Product in the Return Packaging to a USPS store located in the United States by 12 p.m. on or before the date that the Product is due to be returned.
- If You return the Products late or not at all, You will be billed, by way of invoice sent to Your Secure Shipping Address and email address, a late fee of fifty dollars ($50.00) 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). 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 Tagged for You will bill You the maximum late fee set forth above, less any late fees that You have already paid, plus applicable sales tax.
- If You lose the Return Packaging, You must immediately notify us via email at firstname.lastname@example.org after which we will send to You a new Return shipping label, and you will be responsible for return packaging at your own expense.
- Payment of 100% of Retail Value. We 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 4, excluding collection costs. If You pay us an amount equal to 100% of the Retail Value under this Section 4 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 4.
- 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.
- 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.
- Email. We will use the preferences and orders You provide on our Website to send You emails and other marketing materials for other Products. You may opt out of receiving those emails by emailing email@example.com or following the links provided at the bottom of those e-mails when available.
5. Details on Our Commitment to You.
- 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.
- Remedies. Your sole and exclusive remedy and Tagged for You's sole and exclusive liability for a breach of Tagged for You's limited warranty shall be a credit to Your Tagged for You account for the full Rental Fee of the Product that is the subject of the breach,
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 THE RESULTS OF THE PRODUCTS OR SERVICES.
6. Limitation of Liability.
- No Indirect Damages. IN NO EVENT SHALL TAGGED FOR YOU (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 TAGGED FOR YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- Limited Direct Damages. TAGGED FOR YOU'S (AND ITS SUPPLIERS' AND LICENSORS') AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, THE PRODUCTS AND/OR 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.
Use of Results at Your Risk. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM THE USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.