This agreement is in effect as of July 25, 2016.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any LaBelleBump.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless La Belle Bump and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
By using this service, you are entering a legal agreement between you and La Belle Bump. You will submit information and rent clothing via the website, https://labellebump.com.
a. General This service is for persons 18 years old and above. Our Products may be rented for use by individuals under 18 years of age, but rentals are made only to adults who must provide credit card information which must be approved by our merchant and processing agent. If you are under 18 years of age, you may accept these terms and conditions and order Products only with involvement and approval of your parent or legal guardian.
As La Belle Bump user, you agree to provide true, accurate, current and complete information about yourself, as prompted during the registration or check-out process, and to maintain and promptly update your information to keep it true, accurate, current and complete. As part of the registration or check out process, you may be asked to select a password. You shall be responsible for all uses of the Site under your login and password (your “account”), whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account. You may also browse the site as a visitor. In order to sign up for the La Belle Bump service, you must register an account and become a customer.
You represent and warrant to us that you have full legal authority to complete this registration, purchase, or rental (as applicable) on the Site, including full authority to make use of the credit card or debit card to which the rental charges, purchase price, fees will be charged. If you are registering or making rentals or purchases on behalf of a third party, you further represent and warrant that you have been duly authorized to act as agency on behalf of such party. By proceeding with this transaction, you agree that these Terms & Conditions of Use shall apply equally to you and to any third party for whom you are acting as agent.
b. Products Rented. In consideration of the rental price to be paid by you and the covenants and agreements set forth in these Terms & Conditions of Use, we agree to rent to you certain Product(s) as selected by La Belle Bump. The rental period is either in 7 day increment (for 1 item/Special Occasion box) or 30 days for all other boxes. You agree and acknowledge that you are renting the Products for a limited period of time and that ownership of the Products at all times remains with La Belle Bump, unless you request to purchase the product(s). If you wish to purchase a product, contact company at email@example.com to determine the current retail value. Once retail payment is received, you then own the product. However, written request and approval is required.
c. Rental Fees. The total rental fee (“Rental Fee”) for the Rental Products is equal to the sum of all applicable Rental fees and any additional add-ons that you select. These could include but are not limited to damage protection charges and delivery charges as listed on the Site in connection with your order of the Rental Products. By submitting to us an order for Rental Product (“Rental Order”) and providing credit or debit card information during registration or check out process, you hereby represent and warrant that you are the authorized owner of the credit/debit card account and you hereby authorize us to charge your credit card or debit card in payment of the Rental Fee and all other charges due to us hereunder, and, if necessary to initiate adjustments for any transactions credited or debited in error. This authority shall remain in effect until we are notified by you in writing to cancel such authorization in such time and manner as to afford us a reasonable opportunity to act upon it. If any charge authorized hereunder is rejected by your credit card company to bank for any reason (including without limitation insufficient funds or closed account), you agree to pay us the amount of the declined charge. We will charge your credit card the amount of the initial rental fee, and any additional selected fees immediately upon your Rental Order. A reservation of a Product on our Site constitutes a Rental Order (and your credit card will accordingly be charged immediately), regardless of the how far in advance that Product is reserved. In addition, at the time of your Rental Order, you hereby authorize La Belle Bump to charge your credit card for up to 200% of the entire original retail value of that Product set forth on the Site plus sales taxes (the “Retail Value”) should you not return the products. Rental fees exclude all federal, state, local taxes, GST, fees, customs, duties, levies, and other governmental assessments, all of which shall be paid by you directly or, if paid by La Belle Bump, shall be paid by you to La Belle Bump at the time of your Rental Order. Rental Fee is charged automatically monthly via the provided credit card, until cancellation. You many cancel your Rental Order at anytime. However, it has be communicated via email or Feedback card BEFORE another package/rental order is sent out. If cancellation is not done before the Rental Order is shipped or charged, customer is responsible for 50% rental fee or any other incurred costs ie shipping to and from consumer and payment processing fees. The higher of the two fees is what will be charged to the consumer.
d. Delivery. We will deliver the Rental Products, on or before the scheduled delivery date set forth on the Site at the time of our order (which will depend upon the shipping terms which you have selected), except to the extent we informed you in connection with your Rental Order that the specific Rental Product may not be available on the requested date or we otherwise could not guarantee delivery. All deliveries will be through our shipping partners, which may change from time to time at our discretion. The shipping method used will be at our discretion. We do not guarantee delivery date. Our liability to you for any alleged failure to deliver the Rental Product as ordered is limited to a refund of the Rental Fee (excluding damage and delivery charges) as determined by us.
e. Cleaning. The Rental 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 Rental product is at your own risk and La Belle Bump shall not be held liable for any health-related complaints associated with any Rental Product. Rental Products may appear different in color or style than any photos that may be displayed on our Site.
f. Sizing Returns. If a delivered Rental Product does not fit you, you may exchange the Rental Product. Return the Product in conformance with the return procedures via the provided pre-paid envelope or box. We will then provide you replacement Product. No refund will be offered.
g. Exchanges. You can exchange as many times as you’d like during the rental period.
h. Risk of Loss. Upon delivery and at all times thereafter until you return the Rental Products to us, you bear sole responsibility for any loss or damage to the Rental Product(s). You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where you can physically take possession of a Product at the moment of delivery. In the event that an unsecure shipping address is provided, LA BELLE BUMP is in no way responsible for Product 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 La Belle Bump has no control and no liability. At the time of your Rental Order, you hereby authorize La Belle Bump to charge your credit card for up to 200% of the entire original retail value of that Product set forth on the Site plus sales taxes (the “Retail Value”) should you lose the products. Rental fees exclude all federal, state, local taxes, GST, fees, customs, duties, levies, and other governmental assessments, all of which shall be paid by you directly or, if paid by La Belle Bump, shall be paid by you to La Belle Bump at the time of your Rental Order.
i. Use of Products. You agree to treat the products as if they are your own. Therefore, you are responsible for all loss, destruction or damage to the Rental Products during the Rental Period. If you return a Product with extensive damage, then you agree that we may charge you, and you agree to pay, the price for repairing or replacing the Rental Product, as determined in our discretion, up to the Retail Value for the price of the Product.
j. Rental Period. The Rental Product is determined by box option chosen and consists of either 7 day Rental Period (for 1 item/Special Occasion box) or 30 day Rental Period (for other boxes). If you choose to keep longer than the initial Rental Period, we will charge you for another Rental Period and will continue to do so until Product is either returned or it has been purchased by you.
k. Return of Rental Products. You will receive pre-paid return packaging when you receive your Products. Use the provided packaging (either an envelope or box) to return the Products. If you lose the Return Packaging, you will be responsible for returning the item at your own expense and providing La Belle Bump with a tracking number. Or email La Belle Bump and we can send you a label. We reserve the right to charge you for the shipping of the package. If you choose to cancel your subscription, the products must be received by La Belle Bump BEFORE the renewal date.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
a. the use of our Resources will meet your needs or requirements.
b. the use of our Resources will be uninterrupted, timely, secure or free from errors.
c. the information obtained by using our Resources will be accurate or reliable, and
d. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
a. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
b. no information or advice, whether expressed, implied, oral or written, obtained by you from La Belle Bump or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. La Belle Bump will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on LaBelleBump.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of La Belle Bump, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by La Belle Bump.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by La Belle Bump. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee UNLESS OTHERWISE EXPRESSED, La Belle Bump EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: La Belle Bump firstname.lastname@example.org