HI FLYING DRESS LLC CUSTOMER RENTAL AGREEMENT
These terms and conditions (the "Agreement") are a legal agreement between you ("You" or "Your") and Hi Flying Dress, LLC., with corporate offices at 37 Central Avenue, Wailuku, HI 96793 ("Hi Flying Dress," "we," "us," or "our"), establishing terms and conditions under which You will submit information to, and rent dresses (each a "Product" and collectively, "Products") and receive related services ("Services") from, Hi Flying Dress via our website at www.hiflyingdress.com (the "Website").
BEFORE YOU CLICK ON THE "CHECKOUT" BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY HAVE CHANGED SINCE YOU LAST USED THESE SERVICES. BY CLICKING ON THE "CHECKOUT" BUTTON, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT INCLUDING THE WEBSITE TERMS AND CONDITIONS OF USE AVAILABLE AT Terms & Conditions AND THE PRIVACY POLICY AVAILABLE AT Privacy. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT SUBMIT YOUR PRODUCT ORDER AND YOU WILL NOT BE PERMITTED TO RENT OR, IF APPLICABLE, LATER PURCHASE THE PRODUCTS. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OR PURCHASE OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE. THIS AGREEMENT APPLIES EVERY TIME YOU SUBMIT AN ORDER OR OTHERWISE USE OUR SERVICES.
1. General; Rental Not Purchase; Adult Agreement Required.
This Agreement contains all the terms and conditions governing Your rental of Products from Hi Flying Dress via the Website or Instagram from time to time. You agree that Your use of our Website and the Services, other than rental orders as set forth in this Agreement, is subject in all respects to our Website Terms and Conditions of Use available at Terms & Conditions and our Privacy Policy at Privacy, as such terms may change from time to time. No other terms or conditions (preprinted 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 Hi Flying Dress at all times. Our Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may rent the Products with a payment card or other approved payment method. By clicking the “Review and Pay” button, You represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described herein.
2. Rental Fees; Payment Card Authorizations; Cancellations.
The rental fee ("Rental Fee") for the Products will be the rental fee, insurance charges and delivery charges listed on the Website in connection with Your rental of the Products. Upon Your order for a Product, You hereby authorize us to charge Your payment card for the Rental Fee. We will charge Your payment card the amount of the Rental Fee immediately upon Your rental 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. In addition, at the time of Your order of a Product, You hereby authorize Hi Flying Dress to charge Your payment card for the entire rental value of that Product set forth on the Website, plus applicable sales taxes; provided that we will only charge Your payment card for an amount greater than the Rental Fee in the circumstances set forth in Section 4 below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by Hi Flying Dress, shall be paid by You to Hi Flying Dress in connection with Your order for the rental. You may cancel Your order for Products before it has been shipped for a full refund. No refunds will be given after the Products have been shipped.
3. Our Commitments to You.
a. Delivery to You. We will deliver the Products You ordered, including the specified size and color, on or before the date for which You requested them, except to the extent we informed You in connection with Your order that the specific Product was not guaranteed. Products may appear different in color and style than the photos displayed on our Website. Our liability to You for failure to do deliver the Product as ordered is limited to the timely delivery of Product as ordered or a refund of the Rental Fee as determined by us.
b. Delivery; Clean and Ready to Wear. All deliveries will be through Hi Flying Dress’s shipping partners, which may change from time to time at the Company's discretion. The shipping method used will be at the discretion of Hi Flying Dress. The Products can be delivered to you until 8:00 pm on the day prior to your requested rental date. The Products will be cleaned and delivered ready to wear. We clean and inspect each product with the utmost care, but use of the product is at your own risk and Hi Flying Dress shall not be held liable for any health-related complaints associated with a product rented from our site.
c. Return Packaging. With USA delivery of the Product, we will provide You with a pre-paid, pre-addressed bag as well as instructions for Your use in returning the Products to Hi Flying Dress ("Return Packaging"). International shipments you incur and are responsible for all return shipping fees and customs.
d. Retail Value. The Retail value of each Hi Flying Dress is $1995.
4. Your Commitments to Us; Payment of Rental Fee; Fees for Late Returns.
a. Receipt of the Products. Upon delivery, You bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address (defined herein) 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, Hi Flying Dress 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 Hi Flying Dress is not to be held liable, but You will be held liable.
b. Use of the Products. You agree to treat the Products with great care, as if it was borrowed from Your close friend. You are 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. Normal wear and tear encompasses minor stains, rips, 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 charge You, and You shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
c. Return of the Products; Extensions. You agree to return the Products to HI Flying Dress in the Return Packaging on the return date for the Products that is identified in the online invoice for Your order. You may extend Your order for a Product on the Website or by phone to Hi Flying Dress; 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. You must return the Product by delivering the Product in the Return Packaging to a UPS/FEDEX/USPS (see your specific label) store located in the United States by 12 p.m. on or before the date that the Product is due.
d. If You return the Products late, a fee of fifty dollars ($50.00) per day will be charged to the payment card You used to pay the Rental Fee or to any other payment card included in Your account information that You have provided to Hi Flying Dress for every day that you are late returning the Products, and You agree to pay such late fees, up to an amount not to exceed 100% of the Retail Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within fifteen (15) days after the return date for the Product, Your late return will be considered a non-return and Hi Flying Dress will charge Your payment card the maximum late fee set forth above, less any late fees that You have already paid, plus applicable sales tax.
e. 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 Hi Flying Dress with a tracking number.
f. Payment of 100% of Retail Value. We will not charge You for more than an amount equal to 100% of the Retail Value. If You pay us an amount equal to 100% of the Retail Value under this Section 4 and You still possess the Product, the Product is Yours to keep, though on an "AS IS" basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by You pursuant to this Section 4.
g. Collections. If You do not pay the 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.
h. Removal. We reserve the right to terminate your right to rent Products from us at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
i. Email. We will use the preferences and orders You provide on our Website to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by emailing info@hiflyingdress.com.
5. Details on Our Commitment to You.
a. Limited Warranty. The limited warranties set forth in Section 3 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 Section 3. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in Section 4 of this Agreement.
b. Remedies. Your sole and exclusive remedy and Hi Flying Dress’s sole and exclusive liability for a breach of Hi Flying Dress’s limited warranty shall be, at Hi Flying Dress’s option, Hi Flying Dress’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Rental Fee (excluding insurance and delivery charges).
c. 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.
6. Limitation of Liability.
a. No Indirect Damages. IN NO EVENT SHALL HI FLYING DRESS (OR ITS SUPPLIERS OR LICENSORS) 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 HI FLYING DRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
b. Limited Direct Damages. HI FLYING DRESS’S (AND ITS SUPPLIERS' AND LICENSORS') AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, THE PRODUCTS AND/OR 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.
c. 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. Product cannot make you fly, is not a parachute, keep away from children and babies, do not wear into water or submerge while wearing, do not stand near cliffs, on buildings, under active helicopters, active airplanes, bluffs or other places where you maybe injured if you fall etc.
7. Miscellaneous.
This Agreement, (including the Website Terms and Conditions and the Privacy Policy referenced in this Agreement) constitute the entire agreement between You and Hi Flying Dress 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 Hi Flying Dress. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, excluding its conflicts of laws principles. You shall not assign this Agreement without Hi Flying Dress’s prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 1, 2, 3, 4, 5 and 6 shall survive this termination of this Agreement according to their terms. 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. Hi Flying Dress shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, pandemic, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.
Updated 9.27.2022