Rental terms and Conditions


RENTAL AGREEMENT

 

These terms and conditions are a legal agreement between you ("You" or "Your") and VivTote. ("VivTote" "We,", “we” "us," or "our"), establishing terms and conditions under which You will submit information to, and rent accessories (each a “Product” and collectively, "Products or Items") and receive related services (“Services”) from, VivTote via our website at https://www.vivtote.com.

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY BECOMING A VIVTOTE MEMBER, SIGNING UP FOR THE SERVICE AND PUTTING IN YOUR CREDIT CARD DETAILS, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT RENT THE PRODUCTS VIA THE VivTote PROGRAM.

 

WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.

 

  1. General; Rental Not Purchase; Adult Agreement Required.

 

This Agreement contains all the terms and conditions governing Your rental of Products from VivTote. via the VivTote.com website from time to time. You agree that Your general use of our Website, 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 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 VivTote at all times.

 

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. We currently and generally limit the number of accessory boxes that can be rented by You and our other customers to ONE (1) at any time. Each accessory box, with your purchase of a subscription provides you 3 accessories as defined by VivTote that can be in your possession at any given time for an unlimited period of time so long as you continue to make RECURRING payments for your membership each month.

 

  1. Rental Fees; Credit Card Authorizations; Cancellations.

 

The rental fee (“Rental Fee”) for the Products will be the monthly rental fee (as defined on the website for your specific membership or sometimes defined by any discounts offered to you).

 

Upon Your order for your accessory box, You hereby authorize us to charge your credit card for the Rental Fee and / or monthly subscription fee on a RECURRING basis whereby your card will be automatically charged thirty days from the commencement of your membership. We will charge Your credit card the amount of the Rental Fee immediately upon shipping your first Accessory box. We will also run a $50 pre-authorization charge which will be returned before shipping your first box.

In addition, at the time of Your order of a Product, You hereby authorize VivTote. to charge Your credit card for the ORIGINAL RETAIL VALUE of that Product (when new) as set forth, plus any applicable sales taxes (“Retail Value”); provided that we will only charge the Retail Value in the circumstances set forth in Section 4 below.

Rental Fees exclude all federal, state and local taxes, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by VivTote shall be reimbursed by You to VivTote in connection with Your order for the rental.

You may cancel Your membership at least THREE (3) BUSINESS DAYS prior to the renewal of your membership to VivTote to avoid being charged for another month. Canceling account post renewal date or within 72 hours of the renewal will result in your account being charged for an entire month of VivTote membership. You understand that by purchasing VivTote’s membership based program, you authorize us to continue your membership automatically, charged monthly to the payment method provided until you cancel. Cancellation can be done by providing WRITTEN emails to the email address provided on the account.

  1. VivTote program Offering.

 

  1. a) Delivery

All deliveries will be made as per VivTote delivery and mailing schedules. We do NOT guarantee the delivery date of items and you agree that items in your accessory box will be delivered as they become available. However, sometimes VivTote Products may appear slightly different in color and style than the photos displayed on our website. Our liability to you for not meeting your satisfaction is limited to refund of a maximum of one month’s rental fee as stated on the site (excluding insurance and any relevant delivery charges) as determined by us. See Section 5(b) below.

 

  1. b) Guarantees

Return of Unworn Products Due to Size. If Your Product does not fit You, then You may return the Product(s) to us by simply mailing to us using the pre-paid label and inform us via email or phone that you are returning the Product(s) in conformance with the return procedures in Section 4(b) below (a “Sizing Return”). Unless you are completely dissatisfied with your accessories, no refund will be issued and another box / package with up to 3 accessories will be mailed to you automatically.

 

  1. c) Cleaning

All Products will be professionally cleaned and delivered ready to wear for each consumer. We clean and inspect each product with the utmost care, but use of the product is at your own risk and VivTote shall not be held liable for any health-related complaints associated with a product rented from our site.

 

  1. d) Return Packaging

With delivery of the Product, we will provide You with a pre-paid, pre-addressed envelope or box as well as instructions for Your use in returning the Products to VivTote. (“Return Packaging”).

 

  1. e) 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.

 

  1. Your Commitments to Us; Payment of Retail Value.

 

  1. a) Receipt of the Products

Upon delivery, You bear responsibility for the Product(s). In the event that an unsecure shipping address is provided, VivTote 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 VivTote is not to be held liable, but You will be held liable.

 

  1. b) Use of the Products

You agree to treat the Products with great care, and return it in the same condition as was delivered to you. You are completely responsible for loss, destruction or damage to the Products due to theft, disappearance, fire, stains or any other cause, other than normal wear and tear.

 

  1. i) Normal wear and tear encompasses minor damage covered by the subscription price you paid in order to rent the accessory. If You return a Product that is damaged beyond normal wear, then You agree that we shall charge You, and You shall pay, for repairing or replacing the Product, as determined in our discretion, up to the Retail Price for the Product as advertised on our site OR explained to you in the package delivered to you.

 

  1. c) Payment of Retail Value

You agree to treat the Products with great care, and return it in the same condition as was delivered to you. You are completely responsible for loss, destruction or damage to the Products due to theft, disappearance, fire, stains or any other cause, other than normal wear and tear.

 

  1. i) Collections: If You do not pay the amounts You owe us when due, then we may institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees.

 

  1. ii) Removal: We reserve the right to terminate your right to be a member of VivTote program at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.

 

  1. d) 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 clicking on the links provided at the bottom of those e-mails when available.

 

  1. e) 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.

 

  1. f) Remedies

Your sole and exclusive remedy and VivTote’s sole and exclusive liability for a breach of VivTote’s limited warranty shall be, at VivTote’s option, VivTote’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).

 

  1. g) 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.

 

5) Limitation of Liability.

 

  1. a) No Indirect Damages. IN NO EVENT SHALL VIVTOTE (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 VIVTOTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

  1. b) Limited Direct Damages. VIVTOTE’S (AND ITS SUPPLIERS’ AND LICENSORS') AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND 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

 

  1. 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.

 

6) Miscellaneous.

 

This Agreement constitutes the entire agreement between You and VivTote 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 VivTote. 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 New york, excluding its conflicts of laws principles. You shall not assign this Agreement without VivTote’s prior written consent.

 

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. VivTote 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.