LEASE TERMS AND CONDITIONS FOR DIVA TONIGHT JEWELRY, LLC
All rentals are subject to the following Terms and Conditions. Please review thoroughly before accepting the Terms and Conditions. “We”, “us” or “our” means Diva Tonight Jewelry, LLC and or Daily Diva Jewelry, LLC doing business as DivaTonight.com, and/or its legal affiliates; “you” or “your” refers to the Renter/ Lessee.
PLEASE READ THESE LEASE TERMS AND CONDITIONS
CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS
This rental Lease/Agreement is hereby agreed upon once you reserve the jewelry.
EVENT DATE. The “begin date/end date” submitted with your rental order is your event date. The jewelry will be shipped through the US Postal Service so it arrives at least one day before this date and in some cases two days before the date. Your order will have tracking so you will be able to monitor its delivery progress. Because of shipping times and limited weekend delivery options, all jewelry will be shipped to arrive during the business week and during business hours, Monday – Friday.
RESERVATION PAYMENT. An “authorization hold” for the rental price and the security deposit will be held on your credit card at the time you place your reservation. Your credit card will not be charged until the jewelry is returned and received by Diva Tonight Jewelry, LLC.
RETURN DATE. The return date is the day you bring the jewelry to any US Post Office/US Mail Carrier described in this paragraph. Unless otherwise authorized by Diva Tonight, the return date is always the first business day following your event/rental period. The return delivery contains tracking so we will be able to monitor its return to our offices. The jewelry must be repackaged in its original Diva Tonight jewelry box and placed into its original corresponding packing box that Diva Tonight provided. The jewelry box(es) must then be placed in the packaging box, taped and sealed securely to prevent items from falling out of the box. Then place the pre-paid/pre-addressed return shipping label included with the initial shipment, on the box. The package may then be taken for return shipment to any US Postal facility or given to your local Mail Carrier. We pre-pay the to/from shipping, including the insurance. This cost is reflected in the transaction amount that will be charged to your credit card. You are not required to purchase insurance from the Postal Service and, for security reasons; you should not discuss the contents of the package with anyone.
LATE FEES. If you do not bring the jewelry item(s) for return shipment by the Return Date (the first business day after your event/rental period), late fee of $30.oo per day will accrue from day one (1) through day seven (7). On the eight (8) day, we will consider the jewelry yours and will not expect it returned. We will also charge your credit card the full security deposit.
Late fees will be charged to your credit card in addition to any other applicable fees. You agree that it is your responsibility to make sure that the jewelry is taken for return shipment by the first business day after your event/rental period. You also agree and acknowledge that the late fees explained in this paragraph are intended as compensation to us, and are not intended to be a punishment or penalty. The damages that we would suffer by way of late returns is very difficult to accurately estimate and or is incapable of accurate estimation because of factors including, without limitations; our recovery of anticipated profits, our loss of reputation due to unavailability of items, fluctuations in the value of semi-precious gems and precious/semi-precious metals, and changes in our insurance rates. You also agree and acknowledge that our ability to make jewelry available for rent to other customers depends greatly on our ability to receive the returned jewelry in a timely manner following your event. Delays in returns may prevent us from having sufficient time to clean, repair and re-ship the jewelry to the next customer. Because of that lack of time, we cannot commit to have jewelry available for the next customer until the time as when the jewelry is in our possession and we are capable of cleaning, and if needed, repairing, for upcoming events. For these reasons, you agree with us that the amounts reflected in the schedule of late fees listed above are a reasonable forecast of just compensation to us in the event of late returns.
SECURITY DEPOSIT. To help protect us against loss, damages or theft of the jewelry, we require a standard Security Deposit of $100, no matter how many items you rent. If you do not agree to the security deposit, we will cancel your order and you will receive a full refund. This fee will be reserved against your credit card and released/refunded upon return of the jewelry in the same condition as when it was delivered, provided in these Terms and Conditions. Any late fees or charges due to us as explained in these Terms and Conditions will be charged to your credit card upon receipt of the jewelry, or the expiration of eight (8) days after the return date, whichever is earlier. If you do not have enough available balance on your credit card to allow the reserve for the Security Deposit to be applied, we will cancel the order.
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 care. You agree that all jewelry must be in your possession and closely supervised at all times, and not left unattended at any time for any reason. In the event of loss due to theft or fire, it is your responsibility to file a written report to the appropriate law enforcement authorities and provide this report to Diva Tonight. Your security deposit will not be refunded.
DAMAGE TO THE JEWELRY. Even though you are renting jewelry, you acknowledge that each piece of jewelry rented from us is a high value item and you agree to treat it as if you own it. Our rental rate assumes a minimal amount of wear which may happen with a rental use that is 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 for the cost of repair or cleaning or up to 50% of the full retail value attributed to that item(s) of jewelry. The amount to be charged is left to our sole discretion based on our assessment of the damage.
SHIPPING. We ship using the US Postal Service from our facility to your designated delivery address, and the return to our facility from that area. Your designated delivery address should be your office, home or other address, where you are assured that someone trustworthy will be present to sign for and receive delivery of the jewelry. We pre-pay the to/ from shipping, including the cost of insurance, and this cost is reflected in the transaction amount that will be charged to your credit card. When you return the jewelry, it must be re packaged into the Diva Tonight jewelry box and placed into its corresponding jewelry packing box. The jewelry box(es) must be placed in and sealed in the pre-paid/pre-addressed shipping package included with your initial shipment. The package must be securely taped closed to prevent items from falling out, and may be then taken for return shipment to any US Postal Office. You should not discuss the contents of the package with anyone.
DELIVERY OF JEWELRY. A signature is required for delivery and/or pick up of the jewelry. Any refused or returned delivery packages will be processed as a completed rental transaction with the full rental fees and any other fees assessed.
Every effort is made to deliver to a valid delivery address no later than one (1) day before your event. In most cases, we will plan to ship your jewelry to arrive two (2) days before your event. In any case, we will notify you by e mail to confirm your projected delivery date the day you jewelry is shipped. If through our error, the jewelry is not delivered at least one (1) day before your event, we will return all rental fees and upon return of the jewelry as explained above and return your security deposit. The return of these amounts is at 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 limitations direct, indirect, special or consequential damages. Any late delivery or non-delivery will be deemed to not be our fault and we shall have no liability under this paragraph. Furthermore, non-availability of items, even where reserved, shall be deemed not our fault.
SALES/USE TAXES. Applicable sales or other transaction taxes imposed on us in connection with your order from Diva Tonight will be added to the transaction fee. Applicable use or other transaction taxes imposed on you in connection with your order are solely your responsibility to report and pay.
RESERVATION REQUIREMENTS. Reserve as far ahead as possible to ensure best selection. 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 the time. All your fees, including the reservation deposit, will be refunded, if an alternative solution that is acceptable to you is not identified. We will have no liability to you in the event that items are unavailable 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 limitations direct, indirect, special or consequential damages.
CANCELLATIONS. If you change your mind and cancel your order before we ship the jewelry, 100% of the rental payment will be refunded. Once the jewelry has left our facility cancellation of an order is not possible. In this case, you will be refunded your rental fee minus any shipping fees, once you return the jewelry back to Diva Tonight.