ARTICLE 1: INTRODUCTION
Mama Bump Rentals, LLC (“Mama Bump Rentals”) provides a large inventory of clean, fashionable, and previously worn maternity gowns for your use (the “Gown”). Use of any rental services, Gown or information offered by Mama Bump Rentals (the “Services”), is governed by the following terms (the “Agreement”). By using the Services you (‘you” or “Renter”) consent to be bound by the Agreement and acknowledge your agreement to its terms. If you do not agree to be bound by this Agreement, you may not use the Services. All use by you of the Services is governed by this Agreement.
Please read the Agreement carefully, because it is a legal contract and imposes obligations on you as a user of the Services.
BEFORE CLICKING ON THE “I ACCEPT” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING THE “I ACCEPT” BOX, YOU WILL BE BOUND BY THIS AGREEMENT, AND YOU SIGNIFY YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE THAT YOU ARE EITHER EIGHTEEN YEARS OF AGE OR HAVE THE INVOLVEMENT AND APPROVAL OF YOUR PARENT OR LEGAL GUARDIAN. BY CLICKING THE “I ACCEPT” BOX, YOU FURTHER AGREE THAT YOU HAVE OR WILL REVIEW AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE SERVICES.
ARTICLE 2: RENTAL
You agree that you are renting the Gown and that Mama Bump Rentals retains all ownership in the Gown. You agree to pay the rental fee set forth on the website and other fees, damages, taxes, and costs including but not limited to late fees or liquidated damages. Rental fees include delivery costs for shipment to you and return to Mama Bump Rentals. We charge your credit card at the time of the rental reservation for the rental amount, delivery charges, and taxes set forth on the website. You may cancel a reservation up to 24 hours after placing your order. If you cancel after that time but before shipment, Mama Bump Rentals will refund your credit card on file in an amount equal to at least 50% of the cost of the dress rental (exclusive of shipping and other costs). Reservations that is cancelled after shipping label has been created is non refundable. It is your responsibility to inspect the Gown upon delivery and confirm that you received the Gown you ordered. In the event you receive a Gown that is not the Gown you ordered, you should contact Mama Bump Rentals immediately and return the Gown within 24 hours once one of our customer service representatives confirms the incorrect dress was indeed received. Mama Bump Rentals will ship you out a Gown that is the one you requested if available or one similar to it if it is not available.
Upon delivery, use of the Gown is at Renter’s risk. Renter assumes sole responsibility for the Gown while in Renter’s possession. Renter shall be liable for any loss, theft, damage, staining or destruction of the Gown while in possession of the Gown in addition to any charges incurred for the rental of the Gown. Renter must return all rented Gowns in the condition in which it was delivered to Renter. If there is a spill and stain, please do your best to stop the stains from setting. Small rips or other minor repairs will be charged a repair fee if reparable and not is a noticeable section of the dress. Damage to the Gown that cannot be repaired including punctured holes due to high-heels or anything similar including stains that are not removed with cleaning will require Renter to pay for the 200% the cost of a new garment. The 200% cost will cover a new gown and up to 4 clients refunded as we wait 4-8 weeks for a replacement gown to be made and delivered by the designer. You can purchase insurance for $5 for minor wear and tear: lost beads, stuck zipper, and small rips along seems and hems capable of repair. You agree to allow Mama Bump Rentals to use the credit card at the time of purchase to cover any repairs, damages, replacement of a Gown and/or late fees associated with your rental of the Gown at the time of the return of the Gown. Gowns not returned with their garment bag will be charged a $10 replacement fee. If the Gown you rented is returned in a timely manner and there is no cause for further charges as set forth in this Agreement, Mama Bump Rentals will not charge your credit card beyond the amount collected at the time of the rental.
ARTICLE 3: RENTAL PROCESS
You will receive a clean, thoroughly inspected Gown from Mama Bump Rentals on or before the date you have requested. The Gowns are previously worn and some signs of use should be expected. Along with the Gown you will receive the return shipping material in the form of a label and package. It is your responsibility to hold on to this shipping material until it is time to return the Gown. If you lose this shipping material, you must ship the Gown at your own expense and provide a tracking number to Mama Bump Rentals. Failure to provide the tracking number will result in the date of arrival at Mama Bump Rentals to be considered the received date and not the date of shipment. You have seven days from the requested start date to have the Gown shipped back to Mama Bump Rentals in the shipping material provided to you. In order to be considered shipped within a timely manner, the return package must be in the shipping process on the end date communicated to you at the time of purchase and delivery. By way of example, if a package is dropped in a box at 11:00PM on the end date, the package will not ship that day and you will incur a late fee. Late fees are $25 per day per dress and can accumulate up to 200% of the purchasing price of each garment. Late fees for Maternity Shorts are $4 per day.
ARTICLE 4: LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MAMA BUMP RENTALS OR ITS EMPLOYEES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR MISUSE OF, OR THE INABILITY TO USE, THE CONTENT OR SERVICES, EVEN IF MAMA BUMP RENTALS OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT SHALL MAMA BUMP RENTALS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING UNDER OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE GOWN EXCEED THE AMOUNT PAID BY YOU TO MAMA BUMP RENTALS FOR THE GOWN. BY USING THE SERVICES YOU AGREE THAT THE SERVICES, INCLUDING THE GOWNS, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED BY MAMA BUMP RENTALS AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ARTICLE 5: INDEMNIFICATION
Renter agrees to defend, indemnify and hold harmless Mama Bump Rentals and its owners, officers, shareholders, operators, agents and employees (each individually, an “Indemnitee”) from all actions, suits, claims, demands, and proceedings (“Claims”), and any judgments, damages, losses, debts, liabilities, penalties, fines, costs and expenses (including reasonable attorneys’ fees and costs of court) resulting therefrom whether arising out of contract, tort, strict liability, misrepresentation, violation of applicable law and/or any cause whatsoever brought or commenced by any person or entity against any Indemnitee for the recovery of damages for the injury, illness and/or death of any person, or loss or damage of property arising out of or alleged to have arisen out of the use of the Gown rented by Renter.
ARTICLE 6: MISCELLANEOUS
This Agreement contains the complete expression of the agreement between the parties with respect to the matters addressed herein and there are no promises, representations, or inducements except as herein provided. The terms and provisions of this Agreement may not be modified, supplemented or amended by you. All terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by your successors and permitted assigns. No transfer of any right or interest of Renter under this Agreement, in whole or in part (whether voluntarily or by operation of law), directly, indirectly or contingently, shall be permitted without the prior written consent of Renter. Mama Bump Rentals may assign this Agreement without the consent of Renter. Failure by either party hereto to enforce at any time or for any period of time any provision or right hereunder shall not constitute a waiver of such provision or of the right of such party thereafter to enforce each and every such provision. Mama Bump Rentals shall not be responsible for delay or failure in performance resulting from acts beyond its control. Such acts shall include, but not be limited to an act of God, an act of war, riot, an epidemic, fire, flood or other disaster, an act of government, or a strike or lockout. This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of Tennessee, shall be the only proper place of venue for all suits arising from or related to this Agreement, and any legal proceedings to enforce the provisions hereof shall be brought in the federal or state courts located in Clarksville, TN.
ARTICLE 7: PHOTOGRAPHERS DISCOUNT
A discount of 15% on rentals is offered in exchange of 3 images and link/tags in at least one outlet of social media.
A note in regards to photographers professional website MUST be noted at checkout or the rental is subject to cancellation without notice. Three images are to be sent via Dropbox to email@example.com within a 3 week time frame from date of gown return shipment.
When images are used in social media a link/tag must be made in at least one outlet of social media in the same 3 week time frame from rental return shipment.
If these requirements are not met, the renters card will be charged $15 per item for the breach or photographers discount agreement.
ARTICLE 8: Refunds on Mama Bump Signature
We must be contacted and receive a return tracking number within 5 DAYS of receiving your item. The item must be unworn, unwashed, undamaged, with no stains, alterations or smells and tags still attached.
A 30% restocking fee will be charged. The remaining balance will be sent back via the same method of payment used when ordering.
Returns made between 7 days to 14 days of receipt will be an exchange only.
Returns are not accepted after 15 days of receipt
SALE ITEMS ARE NON REFUNDABLE
If you receive the item and there is an issue with quality (I.e. Spots in the fabric or other damage missed in our quality inspection) you must notify us within 24 hours of receiving your order for it to be exchanged only – otherwise we can not prove the damage was done prior to shipment. Please look over your items!
Damages to package in shipping: Sometimes packages are damaged in shipment. Please take photos of the package and the damages to the item so a claim may be filed with the shipping provider.
Shipping fees, rush orders and custom fees are not refundable.
** !!!! If the gown is damaged in any way (makeup, deodorant, pet hair, strong smells, rips, tears, etc) or does not have a tag, it is NOT returnable/exchangeable and will be returned to the sender. ** NO EXCEPTIONS
Return Shipping is the customers responsibility
When a refund is issued it can take from 3-5 business days to appear on your method of payment. If it is not received in that time frame please contact us.
ARTICLE 9: BRAND AMBASSADOR AGREEMENT
Brand Ambassadors or clients booking/reserving the rental are responsible for returned photos to Mama Bump Rentals per agreement in contract or a non submission photos penalty fee will apply which is the price of the rental and shipping.