Terms & conditions

Accepting these Terms

Welcome to Pick A Gown Rental, LLC ! This Terms of Service agreement (“Terms”) is between you (“you” or “your”) and Pick A Gown Rental, LLC . (“we,” “our,” “us,”) and governs your access to and use of our website located at ____________ (and any successor site thereto) (the “Site”), our mobile application (the “App”) and related services, including Pick A Gown Rental product rental and sale services (together with the Site, the App, and the Content (as defined below), the “Services”). These Terms also apply to in-person rentals and sales, which are part of the Services. 

Please review these Terms carefully; by accessing or using any of the Services, including by creating an Account (as defined below), you acknowledge that you have read, understood, and agreed to be bound by these Terms. 

These Terms are a legally binding contract between you and Pick A Gown Rental. By accepting these Terms, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. Under no circumstances may you access or use the Services if you are under sixteen (16) years old. Your access to and use of the Services in any way also means that you agree to all of these Terms, and these Terms will remain in effect while you access or use the Services. These Terms incorporate by reference any additional terms and conditions posted by Pick A Gown Rental through the Site and/or the App, or otherwise made available to you by Pick A Gown Rental (the “Additional Terms”), and you understand and agree that by accessing or using any of our Services, you agree to also comply with all Additional Terms.

EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN SUBCLAUSE (c) OF THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.

You may not use the Services to rent or purchase Products outside of the United States. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Changes

We may, at any time and without liability, suspend, modify, or discontinue all or part of the Services (including access to the Site via any third-party links).

We also reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site. The “Last Updated” legend above indicates when these Terms were last changed. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your Account. You are responsible for providing us with your current email address when you create an Account, and, if your email address changes, for updating your Account information to reflect your new email address. Your continued use of the Services, including by renting or purchasing Products (as defined below) from us, following any changes to these Terms will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. If you don’t agree with the new Terms, you may no longer access or use the Services. 

Cost of the Services

We may charge you to access and use certain parts of the Services (the “Paid Services”). We reserve the right to modify or waive fees required to use certain parts of the Services. You are solely responsible for: (i) the fee for any Paid Services that you order and that are not cancelled in accordance with our cancellation policy, (ii) the price of any Products that are not returned in accordance with our policies, and (iii) any late fees accrued by you due to late or lost items. 

Reserve

If you rent a Product through our Reserve Service, the rental fee (“Rental Fee”) will include rental coverage charges and shipping and delivery charges (as applicable) listed on the Reserve Service for your rental of the applicable Product, and you authorize us (or our third-party payment processor) to charge your Payment Method (as defined below) the Rental Fee. Pick A Gown Rental reserves the right to alter the Rental Fee or availability of any particular item at its discretion and without notice.  

Late Fees

If you do not return one or more Products by the Product Return Date (see the “Returns and Lost Items” section below), you hereby authorize us (or our third-party payment processor) to charge your Payment Method non-refundable late fees for the days that we do not receive every Product that comprises such order, up to the full Original Retail or Comparable Value of the Products (the “Maximum Late Fee” unless otherwise specified in the corresponding FAQ Section(s)) not returned to us plus applicable sales tax. 

Pick A Gown Rental Packaging 

With the delivery of a Product, Pick A Gown Rental will provide you with pre-paid, pre-addressed packaging that you can use to return the Product (“Return Packaging”), as well as instructions for returning the Product to Pick A Gown Rental. You may not keep, sell, or transfer (other than to us) any Pick A Gown Rental-branded garment bags, accessory bags, and accessory boxes (“Pick A Gown Rental Packaging”) that we provide to you. If the Pick A Gown Rental Packaging is not returned prior to the earlier of (i) sixty (60) days after the return of the associated Product or (ii) the termination, cancellation, or expiration of your Account or Paid Services, you hereby authorize us (or our third-party payment processor) to charge your Payment Method a non-refundable non-return fee for each garment bag, accessory bag, and/or accessory box that is not returned to us. After we charge your Payment Method for Pick A Gown Rental Packaging that you did not return, you are permitted to retain such Pick A Gown Packaging; however, we do not make, and expressly disclaim, any warranties of any kind with respect to such Pick A Gown Rental Packaging, and the Pick A Gown Rental Packaging is provided to you on an “AS IS” basis.

Other Terms Related to Products and Services 

Use of the Products 

You agree to treat the Products with great care. The rental coverage provided by us covers normal wear and tear, but you are responsible for any loss, destruction, or damage to the Products for any reason, including due to theft, loss, mysterious disappearance, fire, major stains, or any other cause. “Normal wear and tear” means minor stains, rips, missing beads, stuck zippers, or other minor damage that is covered by the rental coverage. If you return a Product that is damaged beyond normal wear and tear, then you hereby authorize us (or our third-party payment processor) to charge your Payment Method for the price for repairing or replacing the Product, as determined in our discretion, up to the Original Retail or Comparable Value price for the Product.

Product and Service Descriptions

We may, in our sole discretion, provide listings, descriptions, or images of Products that are available on the Services, as well as references and links to Products, but we do not warrant that the Product listings, descriptions, or images are accurate, complete, reliable, current, or error-free, or that any Products will be available, even if noted as so on our Services. Such information and the availability of any Product are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer (including a smart phone or similar device) will accurately display such colors. The prices displayed for Products and Services are quoted in U.S. dollars, unless otherwise indicated. Prices and availability for Products on our Reserve Service are not confirmed until the applicable Products are shipped; if the actual price of such a Product is higher than our stated price, or if the Product is no longer available, we will contact you for instructions before shipping or cancel your order and notify you of such cancellation. The availability through the Services of any listing, description, or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product.

Delivery

You must provide us with accurate shipping information, so that we can timely deliver Products to you. You are responsible for providing us with accurate shipping information for deliveries and for keeping the shipping information for your Account up-to-date. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Products. Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of each Product until you return such Product (including while they are in transit). We reserve the right to reject, cancel, or prohibit any rentals or sales of Products for any reason..

Returning Rented Products: You agree to return each Product (other than Products that you purchase) to Pick A Gown Rental by the return date for such Product identified in your online account, immediately when you “mark” an item as returning, and/or the applicable invoice for your order or as otherwise set forth in these Terms (the “Product Return Date”). We may, but are not required to, permit you to extend your rental period for a Product (including by contacting us), subject to prepayment of any additional fees applicable to that Product for the period of time of the extension.

Returning by Mail: If you use the Return Packaging that we provide, you must use the shipping carrier specified on the pre-paid shipping label included with the Return Packaging. Pick A Gown Rental will not be responsible for loss, theft, or damage to Products that are shipped back to us using any carrier other than the carrier that is specified on our Return Packaging and/or the return label provided for the return of a purchased product (“Return Label”), or for any fees or expenses that you incur due to delays in Pick A Gown Rental receiving the Product. Pick A Gown Rental does not ship Products outside of the United States, and you may not return Products to us from outside of the United States without our prior written permission.

In the event that you lose or damage the Return Packaging that we provide, you will be responsible for returning the Product to us in your own packaging, at your own expense. Furthermore, you acknowledge that using any packaging or shipping carriers other than our Return Packaging and the carrier specified thereon may result in delivery delays and additional delivery fees for which Pick A Gown Rental will not be liable. You will be solely liable for all such delays, Late Fees, additional delivery fees, and any damage to Products. 

Billing and Payments

How Payments Work

When you place a rental order for a Product, you hereby authorize Pick A Gown Rental to charge your payment card or other payment instrument (“Payment Method”) for the Rental Fee. You must ensure that at all times your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to Pick A Gown Rental and notifying Pick A Gown Rental of any changes to such information. Pick A Gown Rental will charge your Payment Method the amount of the Rental Fee immediately upon your rental order. A reservation of a Product through the Services 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 rental order for a Product, you hereby authorize Pick A Gown Rental to charge your Payment Method for an amount up to the Original Retail or Comparable Value price of the Product set forth on the applicable Service plus applicable sales taxes; provided that Pick A Gown Rental will only charge your Payment Method for an amount that is greater than the Rental Fee as described in these Terms. Rental Fees exclude all federal, state, and local taxes, goods and service tax, fees, customs, duties, levies, and other governmental assessments, all of which shall be paid by you directly or, if paid by Pick A Gown Rental, shall be paid by you to Pick A Gown Rental in connection with your rental order.   

We use a third-party payment processor (the “Payment Processor”) to bill you for any Paid Services through a payment account linked to your account (your “Billing Account”). By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen Payment Method. You agree to make payment using that selected Payment Method, but if the Payment Processor is not able to charge your preferred Payment Method, you authorize us to use any Payment Method stored on record for your Billing Account. We reserve the right to suspend or cancel a rental order or terminate your access to the Services in the event that we are unable to successfully charge the provided Payment Method. We are not responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes that we or the Payment Processor make(s) even if we have or our Payment Processor has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.  

Information Provided by Customers

You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). If your Payment Method is canceled for any reason (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your User ID or password, you must promptly notify us and update your Payment Method. Changes to such information can be made in your  account settings. IF YOU FAIL TO PROVIDE ANY OF THE REQUIRED INFORMATION OR KEEP SUCH INFORMATION UP-TO-DATE, YOU AGREE AND ACKNOWLEDGE THAT WE MAY CONTINUE CHARGING YOU USING ANY PAYMENT METHOD YOU HAVE ON RECORD, FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT, UNLESS YOU HAVE CANCELLED OR PAUSED YOUR PAID SERVICES OR TERMINATED YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS. 

Payment Authorization

If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state taxes), we shall provide notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method.

How to Cancel a Reserve Order

You may cancel a Product ordered using our Reserve Service subject to our cancellation fees and policies.

Assignment 

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (including by operation of law or otherwise) without Pick A Gown Rental’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations (in whole or in part) without your consent or notice to you.

Taxes 

You will be responsible for paying, withholding, filing, and reporting all federal, state, and local goods and services taxes, duties, customs, duties, levies, and other governmental assessments associated with your activity in connection with the Services (including any purchase or rental of any Products and Membership Services), provided that Pick A Gown Rental may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. 

Delays

There may be delays, omissions, or inaccuracies in the Services, including the Content. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that Pick A Gown Rental is not, and will not be, liable for any such delays, omissions, inaccuracies, or unavailability.

Entire Agreement

You and Pick A Gown Rental agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Pick A Gown Rental, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Pick A Gown Rental, and you do not have any authority of any kind to bind Pick A Gown Rental in any respect whatsoever. 

Information or Complaints

If you have any questions or complaints regarding the Services or about these Terms, you may contact us at mail to:pickagownrental@gmail.com For any questions related to Services or Products, please contact us at mail to: pickagownrental@gmail.com Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.