Rental Agreement
Introduction
Welcome to Motherhood Closet - Maternity Consignment’s website! By using or participating in the Motherhood Closet - Maternity Consignment website or any of its services, products, tools, or The Clothesline Club (collectively, the “Motherhood Closet - Maternity Consignment Site”, "MCMC", “Website” “The Clothesline Club” or “Services”) you agree to the following Terms of Conditions (the “Terms of Conditions” or the “Agreement”) with Motherhood Closet - Maternity Consignment, LLC, a Pennsylvania Limited Liability Company. Motherhood Closet - Maternity Consignment may be referred to in these Terms of Use as "we" "us" "our", "Motherhood Closet - Maternity Consignment" or "MCMC".
The Agreement is a legal agreement between you ("You" or "Your") and MCMC, establishing terms and conditions under which You will submit information to, and borrow or rent gently used maternity clothes through The Clothesline Club (each a "Product" and collectively, "Products") and receive related services ("Services") from, MCMC via our website at www.MotherhoodCloset.com (the "Website").
By Borrowing/Renting from the Motherhood Closet - Maternity Consignment Site through The Clothesline Club, you are agreeing to the Terms of Conditions. If you do not agree to these Terms of Condition, DO NOT borrow from Motherhood Closet - Maternity Consignment or Join The Clothesline Club, as you ARE NOT AUTHORIZED to use this service.
General
This Agreement contains all the terms and conditions governing Your rental of Products from MCMC 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 available at Terms & Conditions and our 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.
Rental of Products
You agree and acknowledge that You are renting the Products and that ownership of the Products remains with MCMC at all times. By clicking the “Add To Bag” 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.
The Clothesline Club Membership Fees
The Clothesline Club Membership Fee ("Rental Fee") for the Products will be the rental fee and delivery charges listed on the Website in connection with Your rental of the Products. Upon Your order for Products, You hereby authorize us to charge Your credit card for the Rental Fee. We will charge Your credit card the amount of the Rental Fee immediately upon Your rental order. Rental Fee is NON-REFUNDABLE.
Terms of The Clothesline Club Membership
As a Clothesline Club Member You to Borrow 15 gently used maternity Products for one, three, six, or nine months (based on your prepaid selections) from the shipping of your order with unlimited swapping.
Limits To The Clothesline Club Membership
As a Clothesline Club Member, You cannot borrow *New* Products.
Unlimited Product Swapping
As a Clothesline Club Member, You can swap any and all Products at any time and as many times as you would like with no limits or fee.
Swapping Fees
There is a no swapping or processing fee.
Swapping Shipping Fee
There is a flat rate $20 shipping fee each time you swap out your items, regardless is you are swapping all or one of your borrowed item(s). This fee covers all swapping shipping cost per transaction.
Use of the Products
You agree to treat the Products with great care as if it was borrowed from Your close girlfriend.
Lost or Damaged Products
You are responsible for the loss, destruction or damage to such Products, regardless of the reason for the loss, destruction or damage to the Product(s) other than normal wear and tear. Normal wear and tear which includes minor stains, odors, tears, missing beads, and stuck zippers. Damage beyond normal wear and tear includes, without limitation, stains or odors that are unable to be removed with normal professional dry cleaning, cigarette smoke, pet order, tears to the seams of the Products that exceed one inch in length, tears to any portion of the Product(s) outside the seams, regardless of the size of such tears, and any burns to the Product(s), regardless of the size and location. MCMC, in its sole discretion, will determine whether to repair or replace any damaged Product beyond normal wear and tear and will be entitled to charge your credit card for damage or destruction that we, in our reasonable discretion, determine to be damaged beyond normal wear and tear.
If You return a Product that is damaged beyond normal wear and tear, then You agree that MCMC shall charge You, and You shall pay, up to 100% of the website listed price for the item(s).
Due Date
You agree to return the Products to MCMC in the Return Packaging on the date (due date) set forth in the specific rental agreement in connection with Your order. You may extend Your rental agreements on the Website at which time a new due date will be generated.
Due Date Extension
You may extend your Rental Agreement due date by 30 days when you order an extension. Extensions cost $99 per month.
Return of Rented Products
You are responsible for the return of all Products to MCMC by the applicable due date. With delivery of the Product, we will provide You with instructions via email or mail for Your use in returning the Products to Motherhood Closet.
Return of the Product will be accomplished by delivering the products a UPS facility by 12 p.m. on or before the date of your membership due date.
Late Fees
If you return a Product at any time after its applicable due date, MCMC will charge you a late fee of $1 a day/per item, up to 100% of the retail price for the applicable Product(s) as stated on the Website at the time of your order.
Authority to Charge Additional Amounts
You expressly authorize MCMC to charge your credit card and/or retain a portion of your security deposit, in addition to and separate from the Rental Fee, for any amounts necessary to (i) pay any late fees, and (ii) pay all costs and expenses incurred by us to replace or repair any destroyed or damaged Products – in all cases up to the full amount of the Purchase Price of the applicable Product(s) as stated on the Website at the time of your order.
Collections
If You do not pay the amounts You owe to MCMC when due, then MCMC will 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 or extend your rental term from MCMC at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
Limited Warranty
The limited warranties 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 these terms.
Remedies
Your sole and exclusive remedy and MCMC's sole and exclusive liability for a breach of MCMC's limited warranty shall be, at Motherhood Closet's option, MCMC'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 delivery charges)..
Miscellaneous
This Agreement constitutes the entire agreement between You and MCMC 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 MCMC. 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 Commonwealth of Pennsylvania, excluding its conflicts of laws principles. You shall not assign this Agreement without MCMC's prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. 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. MCMC 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.