These terms and conditions are a legal agreement between you (“You,” “Your,” or “Renter”) and ShopMom2B LLC (“ShopMom2B,” “we,” “us” or “our”), establishing terms and conditions under which You will submit information to, and rent maternity gowns (each a “Product” and collectively, “Products”) and receive related services (“Services”) from, ShopMom2B via our website at www.Shopmom2b.com (the “Website”). 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 in this Agreement.
BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON, YOU ARE AGREEING TO BE LEGALLY BOUND BY THIS AGREEMENT, AND YOU SIGNIFY YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE SERVICES. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT AND ANY CHANGES WILL APPLY TO THE RENTAL OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.
1. General; Rental Not Purchase; Adult Agreement Required.
2. Fees and Credit Card Authorizations.
The rental fee (“Rental Fee”) for the Products will be Your rate to rent the Product from ShopMom2B. In addition, You also agree to pay other fees, damages, taxes and cost including but not limited to late fees or ascertained damages. Upon Your order for a Product, You hereby authorize us to charge Your debit/credit card for the Rental Fee, shipping and applicable taxes set forth on the Website. We will charge your debit/credit card the amount of the Rental Fee immediately upon receiving Your order. A reservation of a Product on our Website is an order for the rental of that Product, regardless of how far in advance that Product is reserved.
Should organic debris be found on the Product an excessive cleaning fee of $20 will be applied. Small rips or other minor repairs that are not in a noticeable section of the Product will be charged a repair fee if the damage can be repaired. Damage to Product that cannot be repaired included but not limited to high-heel punctures and stains that cannot be removed will require the Renter to pay 200% of the retail cost of the rented Product. The 200% will cover the purchase of a new Product and the loss of revenue to ShopMom2B as we wait 4-8 weeks for a replacement Product to be created and delivered by the designer. Each Product is shipped in a garment bag, property of ShopMom2B. Products not returned in their original garment bag will assess a $10 replacement fee.
We expect Renters to return the Product by the agreed upon date set forth in the reservation to ensure that We can deliver to Our future Renters in a timely manner. A late fee of $30 per day, per Product is applied and can accumulate up to 200% of the retail value of each Product. When You fail to return a Product back in time it impacts our ability to honor our promises to our other customers, which in turn negatively impacts our business and reputation.
We offer and highly recommend Our insurance option for $5 per Product. This covers minor wear and tear, lost beads, stuck zippers and small rips along the seams and hems that are capable of being repaired.
You agree to allow ShopMom2B to authorize the debit/credit card used at the time of placing your order to cover any repairs, damages, replacement of Products and/or late fees associated with your rental of the Product.
If the Product You rented in a timely manner and there is no cause for further charges as set forth in this agreement, ShopMom2B will not charge Your debit/credit card beyond the amount collected during the initial transaction.
3. Refunds and Cancellations.
You may cancel a reservation (30) thirty or more days in advance of the delivery date, there is no cancellation fee and You will receive a full refund issued to the debit/credit card used to place the order.
If the reservation is cancelled less than (30) thirty days from the start date but prior to shipping, You will not be eligible for a refund, however You will receive a credit to Your ShopMom2B account for the Rental Fee associated with Your order minus a cancellation fee of $15.
Reservations that are cancelled after the shipping label has been created are NOT eligible for either a refund or a ShopMom2B account credit. Even if cancellation notification is received after shipping You are responsible for ensuring reserved Product(s) are returned to ShopMom2B no later than the agreed upon end date to avoid incurring additional charges. Additionally, the same standard rental agreement terms will still apply.
All credits issued to Your ShopMom2B account must be used within 24 months from the date the credit was issued to the account.
If the Renter elects to change the reservation date or change the Product rented after the order has been received but prior to shipping by ShopMom2B there will be a $15 change fee and is contingent upon the availability of the selected Product and/or date.
Shipping fees and expedited orders are not refundable.
If the product is damaged in any way (makeup, deodorant, pet hair, strong smells, rips, tears, stains, etc.) It is not returnable/exchangeable and will be returned to the Renter. There will be no exceptions. When a refund is issued it can take 3-5 business days to appear on your payment method. If it is not received within this timeframe please contact us at email@example.com.
4. Our Commitments to You.
Delivery to You. Subject to availability, We will deliver the Products You ordered, including the specified size, color and design, on or before the date for which You ordered them, except in rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, ShopMom2B will use reasonable efforts to notify You that the Product is unavailable. You will be entitled to choose any available rental Product to replace the unavailable Product or elect to receive a full refund to authorized payment method. Style may appear different in color and style than the photos displayed on the Website. ShopMom2B stands on providing the best quality service to Our customers which begins with an on-time delivery. Our liability to You for failure to deliver the Product ordered is limited to the timely delivery of the Product on the delivery date specified in the order or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by Us. It is your responsibility to inspect the Product upon delivery and confirm that You received the Product You ordered. If You receive a Product that is not what You ordered or have identified a quality issue, the Renter should contact ShopMom2B immediately within 24 hours from the time of delivery of the Product and await confirmation from one of Our Representatives confirming the incorrect Product was indeed received. We will ship You the Product that You ordered if available or one similar to it if it’s not available.
Clean and Ready to Wear. We carry a diverse inventory of clean, trendy, previously worn Products. The Products will be professionally cleaned and delivered ready to wear. We thoroughly inspect each Product with the utmost care. Upon delivery use of the Product is at Your own risk and ShopMom2B shall not be held liable for any health-related complaints associated with a Product rented from the Website.
Return Packaging. The total paid at checkout includes return shipping for rentals. With the delivery of the Product, We will provide You with a pre-paid, pre-addressed mailing envelope for returning the Product to ShopMom2B.
5. Your Commitments to Us.
Receipt of the Products. Upon delivery, You assume sole responsibility for the Product(s) while in Your possession. You agree to bear responsibility for receipt of the Products shipped to the location specified at the time of checkout. You acknowledge that a Secure Shipping Address 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, ShopMom2B does not bear liability for Products left unattended. In addition, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which ShopMom2B is not to be held liable, but You will be held liable. Use of Products. You agree to treat Our Products with great care. You are responsible for any loss, theft, mysterious disappearances, fire, damage, major staining, destruction or any other cause, other than normal wear and tear of the Product while it is in Your possession. If while in Your possession the Product is stained, please do Your best to stop the stain(s) from setting. Normal wear and tear encompass minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance You may have elected to pay for with the rental of the applicable Product. Products that are damp or wet when in possession of the Renter must be properly dry cleaned prior to sending the Product back to avoid any mold or damage to the Product. You must return all rented products in the condition in which it was delivered to You.
Collections. If the amount owed to ShopMom2B is not paid or we are unable to collect what is due we will institute collection procedures. You agree to pay all cost associated with collection efforts, including without limitation attorneys’ fees and court cost.
Refusal of Services. We reserve the right to terminate Your right to rent Products from ShopMom2B at any time in the event of Your breach of this Agreement or any other reason in our discretion.
6. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ShopMom2B 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 ShopMom2B OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ShopMom2B AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND 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. BY USING THE SERVICES, YOU AGREE THAT THE SERVICES, INCLUDING THE PRODUCT, 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 ShopMom2B AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You agree to defend, indemnify and hold harmless ShopMom2B 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 Product rented by You.
This Agreement constitutes the entire agreement between You and ShopMom2B with respect to the subject matter addressed herein 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 herein. Modifications may be made only by ShopMom2B. We reserve the right to terminate or amend this Agreement at any time for any reason, effective upon notice to You of such termination or amendment. No transfer of any right or interest of You 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 ShopMom2B. ShopMom2B shall not be liable for delay or failure in performance resulting from acts beyond its control. Such acts include, without limitation, fire, earthquake, an act of God, an act of war, riot, an epidemic, flood or other disaster, an act of government, or a strike or lock out. This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of Texas, 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 Forney, Texas.