- Gossamer Gang, L.L.C. CUSTOMER RENTAL AGREEMENT
- 1. These terms and conditions (the "Agreement") are a legal agreement between you ("You" or "Your") and Gossamer Gang, L.L.C., with corporate offices at 936 Clouet Street, New Orleans, LA 70117 ("Gossamer Gang, L.L.C.," "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") and receive related services ("Services") from, Gossamer Gang, L.L.C. via our website at www.gossamergang.com (the "Website").
- BEFORE YOU CLICK ON THE "I ACCEPT" BUTTON AS A FIRST TIME USER, OR CLICK ON THE “SUBMIT ORDER” BUTTON AS A RETURNING USER, 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 "I ACCEPT" BUTTON AS A FIRST TIME USER OR BY SUBMITTING AN ORDER FOR PRODUCTS AS A RETURNING USER, 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 AND CONDITIONS AND THE PRIVACY POLICY AVAILABLE AT·POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "I DO NOT ACCEPT" BUTTON, OR 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 SERVICE
- General; Rental Not Purchase; Adult Agreement Required.
- This Agreement contains all the terms and conditions governing Your rental of Products from·Gossamer Gang, L.L.C. via the Website 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, and our Privacy Policy, 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 Gossamer Gang, L.L.C. 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 “I Accept” 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.
- Children under the age of 13 may not use the Website, and parents or legal guardians may not agree to the Website Terms and Conditions on their behalf.
- Children under 18 years of age, but at least 13 years of age, may use the Website under the supervision of parents or legal guardians who agree to be bound by the Website Terms and Conditions of Use on their behalf. If You are a parent or legal guardian, agreeing to the terms and conditions of this Agreement (including the Website Terms and Conditions and Privacy Policy) for the benefit of a child between the ages of 13 and 18, You are fully responsible for his or her use of the Website, the Services, and the rental of any Products, including all legal liability he or she may incur.
- We currently and generally limit the number of Products that can be rented by You and our other customers to three (3) at any time.
- 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 Gossamer Gang, L.L.C., to charge Your payment card for an amount equal to 300% of the entire value of that Product set forth on the Website, plus sales taxes ("Value"); provided that we will only charge Your payment card for an amount greater than the Rental Fee in the circumstances set forth in Section 5 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 Gossamer Gang, L.L.C., shall be paid by You to Gossamer Gang, L.L.C. in connection with Your order for the rental.
- You may cancel Your order for Products at least fifteen (15) days prior to the ordered delivery date, subject to the following cancellation fees:
- For cancellations that are fifteen (15) or more days in advance of such delivery date, no cancellation fee.
- For cancellations that are less than fifteen (15) days in advance of such delivery date, full credit that can be applied to a future Gossamer Gang, L.L.C. purchase.
- Our Commitments to You.
- Delivery to You.
- We will 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 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 (excluding insurance and delivery charges) as determined by us.
- Guarantees.
- Return of Unworn Products Due to Size.
- If Your Product does not fit You, then You may return the Product to us within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting us via email, or phone, and returning the Product in conformance with the return procedures in Section 5.
- We will then issue you a credit for the full Rental Fee (less delivery charges) of the Product for a future rental by You of our Products, so long as the Product(s), in our sole discretion, has not been worn.
- Lucky Strike.
- In order to provide greater assurance that a Product ordered through Gossamer Gang, L.L.C. will fit properly, You may opt to order a second Product (at the same or lower price tier as the first Product) (a "Lucky Strike") at a half-rate, for the same days for which You rent the first Product. A Lucky Strike is subject to availability.
- In such event, any Lucky Strike must be returned together with the Product with which it was ordered. These terms and conditions shall apply to the Lucky Strike just as to any other Product, including without limitation the requirements of Section 2 and Section 3; provided that:
- Section 4(2)(A) will not apply to a Product or Lucky Strike unless both the Product and the Lucky Strike are returned together in conformance with Section 4(2)(A).
- No credit will be issued to You for the Lucky Strike unless you were originally charged for it by us. We may discontinue the availability of Lucky Strikes at any time.
- Delivery; Clean and Ready to Wear.
- Your Products may be ordered and couriered to You on the same day for certain orders placed by 2 p.m. in New Orleans, subject to the additional delivery charge set forth on the Website. Otherwise, all deliveries outside of New Orleans will be through Gossamer Gang, L.L.C.’s shipping partners, which may change from time to time at the Company's discretion. The Products can be delivered to you until 8:00 p.m. on your rental date.
- 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·Gossamer Gang, L.L.C. shall not be held liable for any health-related complaints associated with a product rented from our site.
- Return Packaging.
- With delivery of the Product, we will provide You with a pre-paid, pre-addressed envelope(s) as well as instructions for Your use in returning the Products to·Gossamer Gang, L.L.C. ("Return Packaging").
- Services.
- On our Website, we offer various Services to assist You in selecting a Product. Our Services are provided "AS IS" without guarantee as to results.
- Your Commitments to Us; Payment of Rental Fee; Fees for Late Returns.
- Receipt of the Products.
- Upon delivery, You bear responsibility for the Product(s). If however, You opt to have Your Products delivered in New Orleans by courier service, You agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. 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,·Gossamer Gang, L.L.C. 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·Gossamer Gang, L.L.C. is not to be held liable, but You will be held liable.
- Use of the Products.
- You agree to treat the Product(s) with great care, as if it was borrowed from Your close friend. You are responsible for loss, destruction, or damage to the Product(s) 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, 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 charge You, and You shall pay, triple (300%) Value for the Product(s).
- Return of the Product(s); Extensions.
- You agree to return the Product(s) to Gossamer Gang, L.L.C. in the Return Packaging, on the return date, for the Product(s) identified in the online invoice for Your order.
- You may extend Your order for a Product(s) on the by phone to·Gossamer Gang, L.L.C., provided that any extensions are subject to other orders for that Product(s), and to pre-payment of the additional Rental Fees applicable to that Product(s), for the period of time of the extension. You must return the Product(s) by delivering the Product(s) in the Return Packaging by 12 p.m. on, or before, the date that the Product is due.
- If You return the Product(s) late, or not at all, a late fee of fifty dollars ($50.00) will be charged to the payment card You used to pay the Rental Fee for every day that you are late, and You agree to pay such additional late fees, up to an amount not to exceed 300% of the Value (plus the Rental Fee). The late fee is payable for each order of Product(s) that is not returned when due, not for each Product that is the subject of the order that is late.
- 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 Gossamer Gang, L.L.C. with a tracking number.
- Payment of 300% of Value.
- We will not charge You for more than an amount equal to 300% of the Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 5, excluding collection costs. If You pay us an amount equal to 300% of the Value under this Section 5 and You still possess the Product(s), the Product(s) 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 5.
- 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.
- 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.
- 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@gossamergang.com or following the links provided at the bottom of those e-mails when available.
- Details on Our Commitment to You.
- 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.
- Remedies.
- Your sole and exclusive remedy and·Gossamer Gang, L.L.C.’s sole and exclusive liability for a breach of·Gossamer Gang, L.L.C.’s limited warranty shall be, at Gossamer Gang, L.L.C.’s option,·Gossamer Gang, L.L.C.’s use of its commercially reasonable efforts to replace the non-conforming Product(s) in a timely manner, or a refund of Your Rental Fee (excluding insurance 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·GOSSAMER GANG, L.L.C. (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 GOSSAMER GANG, L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- Limited Direct Damages.
- GOSSAMER GANG, L.L.C.’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.
- 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, (including the Website Terms and Conditions and the Privacy Policy referenced in this Agreement), constitutes the entire agreement between You and·Gossamer Gang, L.L.C., 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,·Gossamer Gang, L.L.C. 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 Louisiana, excluding its conflicts of laws principles. You shall not assign this Agreement without·Gossamer Gang, L.L.C.’s prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 1, 2, 3, 4, 5, 6 and 7 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.·Gossamer Gang, L.L.C. 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, interruptions in supply, other natural disaster, war embargo, and/or riots, or acts of terrorism.
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