LEASE TERMS & CONDITIONS
READ THESE LEASE TERMS & CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.
All rentals are
subject to the following Terms and Conditions. Please review thoroughly before
accepting the Terms and Conditions. “We”, “us” or “our” means The Adorn Group,
Inc. doing business as Adorn, and/or its legal affiliates; “you” or
“your” refers to the client leasing the jewelry.
EVENT DATE. The
desired starting date submitted with your rental order should be your wedding
date. The jewelry will be shipped to arrive at least one day before your
wedding date and in most cases two days before your wedding date. Because of
shipping times and limited weekend delivery options, all jewelry will be shipped
to arrive during the business week (Monday – Friday) in most casees by 10:30am.
PAYMENT: A payment for the total rental price of the jewelry will be charged to your credit card account at the time you place your reservation. Please note that 25% of this payment is non-refundable.
RETURN DATE. The Return Date is the
date you deliver the jewelry to UPS as described in this paragraph. Unless
otherwise authorized by Adorn, the Return Date is always the first business day
following your event. The jewelry must be re-packaged in its Adorn jewelry box
and placed into its corresponding Adorn jewelry packer box. The jewelry box(es)
must then be placed and sealed in the pre-paid / pre-addressed shipping package
included with the initial shipment. The package may then be presented for
overnight shipment to any UPS Office or UPS Store in your area for return
shipment. Remember to request a receipt for proof that you delivered the package, without the receipt you can be held responsible if it does not get delivered. We prepay the to/from shipping, including delivery insurance, and the
cost is reflected in the transaction amount that will be charged to your credit
card. You are not required to purchase insurance from UPS and, for security
reasons, you should not discuss the contents of the package with UPS personnel.
LATE FEES. If you do
not deliver the jewelry item for return shipment by the required Return Date,
late fees will be assessed as to that item as follows:
- One (1) Day Late – 20% of the rental fee for that item
will be added to the total fees
- Two (2) to Seven (7) Days Late – 100% of the rental fee
for that item will be added to the total fees
- Eight (8) to Fourteen (14) Days Late – 200% of the rental
fee for that item will be added to the total fees.
- Over Fourteen (14) Days Late – Liquidated Damages apply
(see “Liquidated Damages” below).
Late fees will be
charged to your credit card account in addition to all other applicable fees.
You agree and acknowledge that the late fees provided for by this paragraph are
intended as compensation to us, and are not intended to be a punishment or
penalty, because the damages that we would suffer by way of late return are
incapable or very difficult of accurate estimation because of factors
including, without limitation, our recovery of anticipated profits, our loss of
sales and reputation due to unavailability of items, fluctuations in the value
of gems and precious metals, and changes in our insurance rates. You further
agree and acknowledge that (i) our ability to make jewelry available for rent
to other customers depends greatly on our ability to secure return of that
jewelry by the second business day following your event, as return after such
date may prevent us from having sufficient time to clean, repair and re-ship
the jewelry to the next customer; (ii) because of that lack of time we cannot
commit to have jewelry available to upcoming customers until such time as the
jewelry is in our possession and capable of cleaning (and where applicable,
repair) for upcoming events; and, (iii) that while we may be able to re-ship
jewelry on a rush basis if it is returned by the third business day following
your event, jewelry returned on the fourth business day after your event, or
later, cannot be processed and re-shipped in time for the upcoming weekend. For
the foregoing reasons, you agree with us that the amounts reflected in the
schedule of late fees above are a reasonable forecast of just compensation to
us in the event of late return. Further, if any jewelry items are not returned
within fourteen (14) days after the Return Date, as liquidated damages for your
failure to timely return the item(s) we will have the right to charge your
credit card account as provided under “Liquidated Damages” below.
BACKGROUND AND CREDIT CHECK:
You understand investigative consumer reports may be obtained in
connection with your placing a jewelry The Adorn Group, Inc. order. We may
obtain information about you from outside sources and add it to or combine it
with your personal information. For example, we may receive credit information
from a national credit bureau when you initially place an order or at a later point in
time prior to shipment of your order. You
understand these reports may contain information about your background, to
include but not limited to criminal and credit history. The information may be obtained from Federal,
State and Local government agencies or other private databases. You
acknowledge this information may be used to make The Adorn Group, Inc.
decisions, including but not limited to adjustements in the security deposit
form or amount required up to 50% of the retail value of the jewelry being
rented as a condition of jewelry shipment, all at our sole discretion.
SECURITY DEPOSITS: To help protect us
against loss, damages or theft of the jewelry, we require a Security Deposit
approximating 5 - 10% of the retail value of all jewelry items rented. We do reserve
the right to require up to 50% of the retail value at our sole discretion. Clients will be notified if an increase in their Security Deposit is required. If you do not agree to the increase in your security deposit we will cancel your order and you will receive a full refund. The retail value of the jewelry, and therefore the amount of the Security Deposit,
will be determined by us in our sole discretion and will be reserved against
your credit card, but will be released upon return of the jewelry in the same
condition as when delivered to us as provided in these Terms & Conditions.
Any late fees/damage fees/additional fees or charges due us as provided in
these Terms & Conditions will be charged to your credit card upon our
receipt of the jewelry or the expiration of eight (8) days after the Return
Date, whichever is earlier.
If you do not have
enough credit available on your credit card account to allow the reserve to for
the Security Deposit to be applied, we will regard the order cancelled as set
forth under “Cancellation” below.
LIQUIDATED DAMAGES. We
do not offer product for sale. Title to the jewelry shall remain in Adorn
at all times except as specifically provided in this paragraph. We will
prepay shipping insurance for delivery to and from you and we’ll provide insurance
for loss or damage while the jewelry is in your custody. The insurance of the jewelry while in your
custody will be subject to a deductable of 33% of the current Retail Value of the
jewelry as stated on the Adorn website at the time of shipment. Any
claims against the insurance coverage for damage or loss while in your custody
is subject to adherence to our Insurance Claim Filing process which may require
filing of police reports and/or other legal affidavits. If any of the jewelry is damaged during this
period, you will be responsible for the damage as provided under “Damage to
Jewelry” below. If any of the jewelry is lost, stolen it is subject to the
Insurance Claims Filing process. If it
is returned other than within fourteen (14) days of the Return Date for any
reason under these Terms & Conditions, as Liquidated Damages we will have
the right to charge your credit card account an amount up to 100% of the
Retail Value attributable to each such item plus any due rental fees, shipping
fees and taxes. If we exercise our right to require payment of up to 100% of the
retail value of any item due to failure to timely return that item, we will
waive all applicable late fees and damage fees otherwise chargeable with
respect to those items, we will refuse return of the item(s) in question, and
you will acquire title in such item(s) from us. You agree and acknowledge that
the Liquidated Damages provided for by this paragraph are intended as
compensation to us, and are not intended to be a punishment or penalty, because
the damages that we would suffer by way of failure to return our items other
than within fourteen (14) days after the Return Date are incapable or very
difficult of accurate estimation because of factors including, without
limitation, our recovery of anticipated profits, our loss of sales and
reputation due to unavailability of items, fluctuations in the value of gems
and precious metals, and changes in our insurance rates or the availability of
insurance coverage. For the foregoing reasons, you agree with us that the
amounts fixed above are a reasonable forecast of just compensation to us in the
event of failure to return the items other than within fourteen (14) days after
the Return Date. If debts are not able to be collected normally and it is collected through the use of a collection agency, an attorney, or through other legal proceedings, you agree to pay all reasonable costs or fees, including attorney fees and court costs, incurred in connection with such collection effort.
CARE OF THE JEWELRY.
We will inspect and clean every piece of jewelry before delivery to you. While
in your possession, we expect you to handle the jewelry with the utmost of
DAMAGE TO JEWELRY.
Even though you are renting jewelry, you acknowledge that each item of jewelry
rented from us is a high value item and you covenant to treat it as if you own
it. Our rental rate assumes a minimal amount of wear which may occur with a rental
use consistent with wearing high quality jewelry to a formal event. Unusual
wear or any damage, abnormal dirt or foreign substances on any item of jewelry
will give us the right to charge your credit card account for the cost of
repair or cleaning or up to 50% of the full Retail Value attributable to that
item of jewelry. The amount to be charged is left to our sole discretion based
on our assessment of the damage.
SHIPPING. Shipping is
based on next-day shipping from our facility to your designated point of
delivery, and the return to our facility from that area. Your designated point
of delivery should be your office or home address or other address where you
are assured that someone trustworthy will be present to sign for and receive
delivery of the jewelry item(s). We prepay the to/from shipping, including
delivery insurance, and the cost is reflected in the transaction amount that
will be charged to your credit card. When returned by you, the jewelry must be
re-packaged in its Adorn jewelry box and placed into its corresponding Adorn
jewelry packer box. The jewelry box(es) must then be placed and sealed in the
pre-paid / pre-addressed shipping package included with the initial shipment.
The package may then be presented for shipment to any UPS Office or UPS Store
in your area for return shipment. You are not required to purchase insurance
from UPS and, for security reasons, you should not discuss the contents of the
package with UPS personnel.
JEWELRY. A signature is
required for delivery or pickup of the jewelry. Any refused or returned
deliveries will be processed as a completed rental transaction, with the full rental
and other fees assessed.
Every effort is made to deliver the jewelry to your designated valid address no
later than the day before your event date. In most cases, we will plan to ship
your jewelry to arrive two days prior to your event. In any case, we will
notify you by e-mail to confirm your projected delivery date the day we ship it
to you. If through our fault the jewelry is not delivered at least one day
before your wedding date, we will return all rental fees and, upon return of
the jewelry as provided above, return your Security Deposit. The return of
these amounts will be our sole liability to you in the event of non-timely
delivery or non-delivery; in no event will we be liable for any other damages
whatsoever including without limitation direct, indirect, special or
consequential damages. If we timely deliver the jewelry to UPS with delivery
pre-paid for delivery to you at least one day prior to the Event Date, any late
delivery or non-delivery will be deemed to be not our fault and we shall have
no liability under this paragraph. Further, non-availability of items, even
where reserved, shall be deemed to be not our fault.
SALES/USE TAXES. Applicable sales or
other transaction taxes imposed on us in connection with your order or The Adorn
Group, Inc. of the jewelry will be added to the The Adorn Group, Inc. fee.
Applicable use or other transaction taxes imposed on you in connection with
your order or The Adorn Group, Inc. of the jewelry are solely your
responsibility to report and pay.
recognize and acknowledge that having valuable jewelry in your possession or
use can be inherently dangerous and unpredictable. We are not responsible for
any accidents or harm that may arise from your possession or use of our
jewelry, and in addition to our other rights and remedies pursuant to these
Terms & Conditions, you hereby agree to indemnify us from any claims,
charges or costs arising from your possession or use of our jewelry or any
While we will provide you jewelry as described in our product descriptions, we
do not expressly or otherwise guarantee or warrant the jewelry for any specific
performance or purpose other than as it is described.
REQUIREMENTS. Reserve as far ahead as possible to ensure best selection of
You will be contacted if your order cannot be shipped due to unforeseen issues
with inventory availability or other reasons. Alternative pieces will be
discussed with you at that time and all of your fees (including the Reservation
Deposit) will be refunded if an alternative solution, acceptable to you, is not
identified. We will have no liability to you in the event that items are
unavailable as contemplated by this paragraph, even if you have reserved them,
other than return of the Reservation Deposit and any rental fees paid to us. In
no event will we be liable for any damages whatsoever including without
limitation direct, indirect, special or consequential damages.
CANCELLATIONS: If you
cancel your order in writing more than two weeks ahead of the scheduled
shipping date, 75% of the rental payment will be refunded. If you cancel your order less than two weeks ahead of the shipping date, only the shipping and insurance fees portion of the payment will be refunded. Cancellation of an order is not an option once
the jewelry has left our facility.
SEVERABILITY. In the
event any provision of these Terms & Conditions is held to be illegal,
invalid or unenforceable to any extent, (i) the legality, validity and
enforceability of the remainder of these Terms & Conditions shall not be
affected thereby, (ii) said provision shall be modified by the court to the minimum
extent necessary to render it not illegal, invalid or unenforceable, and (iii)
these Terms & Conditions shall continue in full force and effect as
modified and shall be enforced to the greatest extent permitted by law.
GOVERNING LAW; VENUE;
CONSENT TO JURISDICTION. These Terms & Conditions and all rights and obligations of
the parties shall be governed, construed and interpreted under and pursuant to
the laws of the State of Missouri applicable to agreements made and to be
performed entirely within such State. The jurisdiction for any action arising
out of or relating to these Terms & Conditions and the transactions
contemplated herein may be in a State or Federal court of appropriate
jurisdiction located in or having jurisdiction over Jackson County, Missouri. Each
party to this Agreement hereby waives any objection to the jurisdiction of or
venue in any such court and to the service of process issued by such court and
agrees that each may be served by any method of process described in the
Missouri or Federal Rules of Civil Procedure. Each party to this Agreement
hereby waives any right to claim that any such court is an inconvenient forum
or any similar defense.
version number 12, last modified on 7/15/2011.