Terms & Conditions - Rentals
These terms and conditions are a legal agreement between you ("You" or "Your") and Your Sarista, an Toronto limited liability company doing business as “Your Sarista”, establishing terms and conditions under which You will submit information to, and rent apparel (each a “Product” and collectively, "Products") and receive related services (“Services”) from, Your Sarista via our website at www.yoursarisa.ca (the "Website").
This Agreement contains all the terms and conditions governing Your rental of Products from Your Sarista via the Website. You agree and acknowledge that You are renting the Products and that ownership/title of the Products remains with Luxemi at all times.
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ORDERING OR RENTING THE PRODUCTS YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT YOU WILL NOT BE PERMITTED TO RENT THE PRODUCTS. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.
I. Rental Fees:
The rental fee (“Rental Fee”) for the Products includes:
i. the stated rental fee
ii. delivery charges as listed on the Website in connection with Your rental of the Products.
We reserve the right to increase the price for any Product without notice to you (provided, that we will not increase prices for Products which have been previously ordered by you but not yet shipped).
By renting a Product from Your Sarista, You hereby irrevocably authorize us to charge any credit card you provide to use via our website or otherwise for the Rental Fee. Your credit card will be charged the amount of the Rental Fee immediately upon placing your order. You agree not to withhold from or offset against any amount owing to us for any reason. You also agree to address any and all product and transaction claims solely with us and not to initiate, under any set of circumstances, charge refusals or charge-backs with credit card issuers, and you agree to indemnify us for any expenses or damages we may suffer on account the initiation by you of any such charge refusal or charge-back. In addition to our rights, we reserve the right to cancel or suspend delivery of all or part of an order if you are delinquent in any payments owing to us. You agree to pay, in connection with any past due balance, a late payment charge of $5/day, but not in excess of $25.
Cancellation of orders are subject to the following cancellation fees:
- Cancellations which are made in accordance with our cancellation policy set forth herein or otherwise set forth at our website from time to time that are thirty (30) or more days in advance of the delivery date will not incur any cancellation fees
- Cancellations that are less than thirty (30) days in advance of such delivery date will be honored solely with the issuance of a full credit of the Rental Fee that can be applied to future Your Sarista purchases or rentals (with no cash or redemption value).
Cancellations must be in writing or via e-mail sent to email@example.com.
Your Sarista will use commercially reasonable efforts to deliver the Products You properly order at our website no later than 8:00 pm on the start of your rental date. The shipping method used will be at the discretion of Your Sarista. While not expected, there are a variety of factors that can contribute to delay in shipment or delivery that include, but are not limited to:
(1) Cleared payment, (2) Members' delivery address, (3) Factors once in Delivery Carrier’s possession, including among other factors, inclement weather and/or heavier mailing times, (4) orders placed after any deadlines set forth at the website from time to time, or (7) force majeure or other events beyond our reasonable control.
Please note that once we give our carrier the order, the risk of loss is passed onto the member. Your Sarista shall not be responsible for any late deliveries due to any of the foregoing occurrences.
Secured Delivery: Upon delivery, customer bears the responsibility for any rented Product. You acknowledge that a Secure Shipping Address (defined herein) is required. 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, Your Sarista does not bear liability for Products left unattended.
If you pick up the Product at our Headquarters located in Brampton, Ontario, than once picked up, you take full responsibility for the Product.
IV. Dry Cleaning
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 Your Sarista shall not be held liable for any health-related complaints associated with a Product rented from our site. In addition, we are not responsible for any costs or fees you elect to incur to improve the appearance of any Product shipped to you.
Our Guarantee: We will, subject to the allowances for late delivery described above, deliver the Products You ordered, including the specified size, color and design, on or before the date for which You ordered them, except to the extent we informed Products may appear different in color and style than the photos displayed on our Website. Our liability to You for failure to deliver any Product as ordered is limited to the timely delivery of Product as ordered or a refund of the Rental Fee (excluding delivery charges) as determined by us.
It is your responsibility to inspect all Products rented from us and to notify us immediately if you believe the Products was shipped in a sufficiently damaged state such that it is no longer able to be used for its intended purpose. You must promptly tell us specifically why you are rejecting the Products and why you believe they are non-conforming. At our discretion, we will either exchange or repair the non-conforming Products, subject to availability. We shall have sole discretion in determining whether or not to accept any such return of a Product.
Saree Blouses: t is your responsibility to refer to the sizing chart and choose a blouse size that is appropriate for you. However, all blouses can be expanded and altered to your fit.
VI. Use of Products
By renting from Your Sarista, you agree to treat our Products with the utmost care and respect. 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 as determined by Your Sarista its sole discretion. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance You paid for with your rental of the applicable Product. If You return a Product that is damaged beyond normal wear and tear, then You agree that we shall be entitled to charge You the retail value of the Product.
VII. Return of Products
You agree to return the Products to Your Sarista in the Return Packaging on the date set forth on the Website in connection with Your order. You may extend Your order for a Product by email to Your Sarista prior to 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. Return of the Product will be accomplished by You placing the Product in the Return Packaging in any appropriate Canadian Postal Service mailbox by 12 p.m. on or before the date that the Product is required to be placed with the postal service for delivery.
If you drop off the Product at the headquarters in Brampton, you must drop it off on the last day of the rental period before 8 p.m.
Late Returns: If You return the Products late or not at all, a late fee of Five dollars ($5) a day will be charged to You for the FIRST five day that you are late (on top of the initial rental fee already charged), and You agree to pay such additional fees, up to retail value of the Product. We will not charge You more than the retail value of the Product. If You pay us retail value of the Product and You still possess the Product, the Product is Yours to keep, though on an “AS IS” basis without warranty of any kind. F
Return Packaging: With delivery of the Product, we will provide You with a pre-paid, pre-addressed envelope as well as instructions for Your use in returning the Products to Your Sarista (“Return Packaging”).
Lost Return Packaging: If You lose the Return Packaging, You will be responsible for returning the item at your own expense by the expected return date, and providing Your Sarista with a tracking number.
If You do not pay any 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 and court costs.
IX. Right to Terminate
We reserve the right to terminate your right to rent Products from us at any time or to reject any rental from us in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
Your Sarista reserves the right to discontinue the sale or rental of any Product at any time without notice to you or any other third party.
This Agreement, together with any other terms, conditions or policies posted by Your Sarista at our website from time to time, constitutes the entire agreement between You and Your Sarista 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 Your Sarista. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon posting at our website. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 1, 2, 3, 4, 5, 6, 7, 8, and 9 shall survive this termination of this Agreement according to their terms. Your Sarista shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control.