Rental Agreement

RENTAL AGREEMENT

These terms and conditions are a legal agreement between you (“you” or “your”) Livia Maternity Clothing Rental Inc. (“Livia Maternity Clothing Rental Inc.”, “We”, “we”, “us”, or “our”) establishing terms and conditions under which you will submit information to, and rent dresses and accessories (each a “product” and collectively “products” or “items”) and receive related services (“services”) from Livia Maternity Clothing Rental Inc., via our website at www.liviamaternite.com (the “Website”).

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ORDERING PRODUCTS OFFERED ON OUR SITE, SIGNING UP FOR THE SERVICE, AND ENTERING YOUR CREDIT CARD INFORMATION, 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, PLEASE DO NOT ORDER OR RENT ANY 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 A CHANGE.

 

GENERAL

This Agreement contains all the terms and conditions governing your rental of products from Livia Maternity Clothing Rental Inc. via the liviamaternite.com website. You agree that your general use of our Website, other than rental orders as set forth in this Agreement, is subject in all respects to our Website Terms of Use available at Terms & Conditions and our Privacy Policy available at Privacy. These terms are subject to change. No other terms or conditions (pre-printed or otherwise) shall have any force or effect. You agree and acknowledge that you are renting the products and that ownership of the products remains with Livia Maternity Clothing Rental Inc. at all times.

Each package that will be sent to you or that you have received in store will contain the number of clothes you have selected when ordering online. You will be able to keep the clothes of each order for a period described in the description of the rental form you have selected (hereinafter the “Rental Period”). The rental period begins either at the time you place the order or the day of your online subscription. Clothing must be returned by the next business day after the end of the rental period, otherwise additional fees may apply.

Livia Maternity Clothing Rental Inc.’s clothing may only be rented by individuals who have reached the age of majority and who can provide credit card information, which must be approved prior to any rental or purchase.

If you are a minor, you may accept these terms and conditions, and rent or purchase clothing only with the consent and approval of one of your parents or legal guardian. To do so, you will need to contact Livia Maternity Clothing Rental Inc. team.

 

CLOTHING RENTAL

Rental Fees, Credit Card Authorizations and Cancellations

The rental fee for the products is the monthly rental fee (as defined on the website for your specific membership or sometimes defined by discount offers) PLUS any insurance charges listed on the website in connection with your membership. When placing your order for your monthly plan, you hereby authorize us to charge your credit card for the rental fee and/or monthly subscription fee on a RECURRING basis whereby your card will be automatically charged from the commencement of your membership.

Monthly subscription fees are $ 55, $ 65 or $ 90 per month, excluding the damage warranty,  which is $ 7 per month. These fees exclude federal and provincial taxes. Livia Maternity Clothing Rental Inc. will debit the credit card at the first subscription after the customer has confirmed the order via the website.

Rental fees do not include federal and provincial taxes, which must be paid by the customer directly through the website’s order module, depending on the package chosen. The customer, if they wish, must cancel their subscription AT LEAST THREE (3) BUSINESS DAYS before the renewal of the payment on their credit card, in order to avoid invoicing for another additional month. Cancellations made after the payment renewal date, or within the three (3) business days mentioned above, will result in billing for the following month. If she wishes to cancel her subscription, the customer must cancel the subscription in her account on the website. All clothing must be returned within five (5) days before cancellation. The client understands that by renting with us she agrees that her credit card, ie the credit card provided when registering for the subscription, is automatically debited every month.

No reimbursement will be possible in the event that a plan is active, but no boxes were ordered by the client for a couple of days, weeks or months. As well, no reimbursement will be possible for an active plan without any box ever being ordered. In the event that a client activate her subscription but does not order a box despite the repetative attempts of Livia Maternity Clothing Rental Inc.’s customer service to communicate with the client, Livia Maternity Clothing Rental Inc.’s principal obligation will be presumed as stated in article 54.10 of the Consumer protection act.

In the exceptional case of a refund, the refund will be effective in a period between 15 to 60 days after the request from the client.

 

Penalty Fees and Not Returned Clothing

In the event that you do not return a rented clothe at the end of the rental period, Livia Maternity Clothing Rental Inc. will charge you the cost of renting the unreturned clothe as if the clothe were rented again with the same package after five (5) additional days of delay.


Collection Fees

In the event of a collection procedure, all amounts incurred during the collection process will be charged to the client (interests, damages, real fees, and all legal fees) up to a maximum of $ 350.00.

 

PACKAGES

  • 1 dress for $ 55.00
  • 3 pieces for $ 65.00
  • 6 pieces for $ 90.00

 

Damage Warranty

The client agrees to treat the clothes carefully and return them in the same condition as they were during the initial delivery. The client will be solely responsible for any loss, destruction or damage, including theft, loss, fire, chores, or any other cause other than normal wear and tear.

Normal wear and tear encompasses minor stains, missing beads, stuck zippers or other minor damage covered by the subscription price you paid in order to rent the items. 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 repairing or replacing the product, as determined at our discretion, up to the retail price for the product as advertised on our site.

If you do not pay the amount you owe us when due, then we may institute collection procedures. You agree to pay our costs of collection, including but not limited to reasonable attorneys’ fees.

In the event that the client has a damage warranty with Livia Maternity Clothing Rental Inc., the costs eligible in the damage warranty will be limited to the normal wear stains as described below.

In the event of damages to the clothes above what is usually covered by the damage warranty, the client will have the obligation to buy the item at the purchase price established by the company, such purchase price being established by the same formula for the establishment of the purchase price.

Delivery

All deliveries will be made as per Livia Maternity Clothing Rental Inc. delivery and mailing schedules. We do not guarantee the delivery date of items and you agree that items in your box will be delivered as they become available. Sometimes Livia Maternity Clothing Rental Inc. products may appear slightly different in colour and style than the photos displayed on our website. Our liability to you for not meeting your satisfaction is limited to a credit of a maximum of one month’s rental fee as stated on the site (excluding insurance and any relevant delivery charges) as determined by us. For any problem, you can contact us.

 

Cleaning

All products will be professionally cleaned and delivered ready to wear for each client. We tumble wash and inspect each product with the utmost care, but use of the product is at your own risk and Livia Maternity Clothing Rental Inc. shall not be held liable for any health-related complaints associated with a product rented from our site. The client is responsible for any damage to the clothing, especially during the cleaning of clothing that the client could perform while renting.

 

Return Packaging

With delivery of the product, we will provide you with a pre-paid, pre-addressed envelope or box as well as instructions for use in returning the products to Livia Maternity Clothing Rental Inc.

CLIENTS MUST RETURNED THE CLOTHES INT HE SAME BOXES AS THE ONES RECEIVED BY DELIVERY.

 

YOUR COMMITMENTS TO US

Receipt of the Products Upon Delivery

You bear responsibility for the product(s). In the event that an unsecure shipping address is provided, Livia Maternity Clothing Rental Inc. 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 Livia Maternity Clothing Rental Inc. 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 them in the same condition as was delivered to you. You are completely responsible for any loss, destruction or damage to the products due to theft, disappearance, fire, stains or any other cause, other than normal wear and tear.

 

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 clicking on the links provided at the bottom of these messages when available.

 

Limited Warranty

The limited warranties 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 this Agreement. Our warranty herein shall not apply to any matters arising from violation of your commitments set forth in this Agreement. Your sole and exclusive remedy and Livia Maternity Clothing Rental Inc.’s sole and exclusive liability for a breach of Livia Maternity Clothing Rental Inc.’s limited warranty shall be, at Livia Maternity Clothing Rental Inc.’s discretion, the use of commercially reasonable efforts to replace the non-conforming product in a timely manner or issue a refund of your rental fee (excluding damage warranty and delivery charges).

 

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 RESULTS OF THE PRODUCTS OR SERVICES.

 

LIMITATION OF LIABILITY

No Indirect Damages

IN NO EVENT SHALL LIVIA MATERNITY CLOTHING RENTAL INC. 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 LIVIA MATERNITY CLOTHING RENTAL INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

Limited Direct Damages

LIVIA MATERNITY CLOTHING RENTAL INC.’S 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.

 

Use of Results at Your Risk

YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.

 

Miscellaneous

This Agreement constitutes the entire agreement between you and Livia Maternity Clothing Rental Inc. 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 Livia Maternity Clothing Rental Inc. We reserve the right to terminate or amend this Agreement at any time for any or no reason, notably on the price of the monthly and annualy subscription plan. The waiver of any term or condition or any breach thereof shall not affect any other term or condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, excluding its conflicts of laws principles. You shall not assign this Agreement without Livia Maternity Clothing Rental Inc.’s prior written consent. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. Livia Maternity Clothing Rental Inc. shall not be liable for failure to perform any of its obligations hereunder for reasons that are beyond its reasonable control, including, without limitation, fire, earthquakes, other natural disasters, interruptions in supply, war embargos, and/or riots or acts of terrorism. All dispute regarding one aspect of this agreement shall be disputed in the district of Montreal, Quebec, Canada.

 

CONTACT US

You may contact us at any time at info@liviamaternite.com if you have any questions or comments.

For a written notice :

Livia Maternity Clothing Rental Inc.

2 600, rue Ontario Est

CP : 88545

Montréal, QC H2K 4K4

info@liviamaternite.com

 

As of October 31st, 2018.

 

 

 

 

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