Shindy, LLC (DBA Shindy Studio)
This rental agreement is a legal agreement (the “Agreement”) between you (“You” or “Your”) and Shindy, LLC, a New York limited liability company with its principal office at New York, NY 10033 (“Shindy Studio”, “we”, “us”, or “our”), establishing terms and conditions under which you will submit information to, and rent event furniture and accessories (each a “Product” and collectively, “Products”) and receive related services (the “Services”) from, Shindy Studio via our website at www.ShindyStudio.com (the “Website”).
BY CLICKING THE [“I ACCEPT”] BUTTON DISPLAYED AS PART OF THE ONLINE ORDERING PROCESS OR BY SIGNING THIS DOCUMENT IN WRITTEN FORM, YOU AGREE TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST SELECT THE [“I DECLINE”] BUTTON AND WILL NOT BE PERMITTED TO RENT THE PRODUCTS. SHINDY STUDIO RESERVES 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. You acknowledge and agree that it is your responsibility to regularly review this Website in order to keep yourself apprised of any modifications.
- Rental Fees; Credit 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 credit card for the Rental Fee. We will charge Your credit card the amount of the Rental Fee immediately upon Your rental order. At the time of Your order of a Product, You hereby authorize Shindy Studio to charge Your credit card for the entire original retail value of that Product (when new) set forth on the Website, plus sales taxes (“Retail Value”); provided that we will only charge the Retail Value in the circumstances set forth in this Agreement. 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 Shindy Studio, shall be paid by You to Shindy Studio in connection with Your order. You may cancel Your order for Products by notifying us through the Website no later than 5:00 p.m. (New York, New York time) on the date You place the order.
- Orders; Shipment; Returns.
a. Delivery. We will deliver the Products You ordered, including the specified 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 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. See Section 8 below regarding our limited warranties to you.
All deliveries will be through Shindy Studio’ delivery partners, which may change from time to time at our sole discretion. The delivery method used will be at the discretion of Shindy Studio. 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 Shindy Studio shall not be held liable for any health-related or other complaints associated with a Product rented from our Website.
b. Return of the Products. You agree to return the Products to Shindy Studio on the predetermined date we provided You with Your Products (the “Return Packaging”) on the date set forth on the Website in connection with Your order. You may extend Your order for a Product through the Website or by telephone; provided that any extensions are subject to other orders for that Product and to prepayment of the additional Rental Fee applicable to that Product for the period of time of the extension. If You return the Products late or not at all, a late fee of five percent (5%) of the Retail Value will be charged to You every day that you are late on top of the initial rental fee already charged, and You agree to pay such additional fees, up to 200% of the Retail Value.
c. Return Packaging. With delivery of the Product, we will provide You with instructions for Your use in returning the Products to Shindy Studio.
d. Website Services. On our Website, we offer various Services to assist You in selecting a Product. Our Services are provided “AS IS” without any guarantee, representation or warranty whatsoever.
- Receipt and Use of the Products.
a. Receipt of the Products. Upon delivery, You bear responsibility for the
Product(s). You acknowledge that a secure shipping address is highly recommended. A secure shipping address means a location where an individual can physically receive and sign for a Product delivery.
b. Use of the Products. You agree to treat the Products with care. You are responsible for loss, destruction or damage to the Products 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 and 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 as determined in our sole discretion, then You agree that we shall charge You, and You shall pay, for the price for repairing or replacing the Product, as determined in our sole discretion, up to the full Retail Value for the Product.
- Payment of Retail Value; Billing.
a. Payment of Retail Value. We will not charge You for more than the Retail Value plus the Rental Fees, in the aggregate, for any charges arising under this Agreement, excluding collection costs. If You pay us the full Retail Value and all Rental Fees incurred under this Agreement and You still possess the Product, the Product is Yours to keep, though on an “AS IS” basis without representation or warranty of any kind.
b. Collections. In the event You fail to pay any amounts due to us, You fail to return any Products as and when due or You return damaged or soiled products (normal wear and tear excepted), we shall have the right to take any and all actions necessary to collect amounts due from You, including but not limited to legal action and/or use of a collection agency. In the event of such legal action or collection efforts and in addition to amounts owed to us for Products and Services used by You, You agree to pay on demand any and all costs of such legal action or collection efforts, including, without limitation, reasonable attorneys’ fees and court costs.
- Email Communication. By using the Website, the Products or the Services, You consent to receiving electronic communications from Shindy Studio. These communications may include notices about Your order, information concerning or related to the Services and other marketing materials for other Products. You agree and acknowledge that You will be deemed to have received and consented to receiving any notice, agreement, disclosure or other communication that we may send to You electronically using the email address that You provide to us through the Website. You may opt out of receiving marketing emails by emailing email@example.com or following the links provided at the bottom of those emails when available.
- Limited Warranty. The limited warranties expressly set forth in this Agreement 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 made other than as expressly set forth herein and all other representations and warranties are hereby disclaimed.
- Remedies. Your sole and exclusive remedy and Shindy Studio’ sole and exclusive liability for any breach of this Agreement by Shindy Studio shall be, at Shindy Studio’ option, the replacement of a non-conforming Product in a timely manner or a refund of the Rental Fee (excluding insurance and delivery charges) paid by You and received by Shindy Studio for such non-conforming Product.
- Disclaimers. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, SHINDY STUDIO MAKES NO REPRESENTATIONS OR 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.
SHINDY STUDIO’ (AND ITS SUPPLIERS’ AND LICENSORS’) AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND SERVICES RELATED HERETO, 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.
YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM YOUR USE OF THE PRODUCTS AND SERVICES.
- Disclaimer of Consequential Damages. IN NO EVENT SHALL SHINDY STUDIO, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEBSITE OR SITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification. You agree to indemnify, defend and hold harmless Shindy Studio and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, our attorneys, advertisers, product and service providers, and affiliates against any and all liability, loss, claim, expense, damage and liability (including reasonable attorneys’ fees), arising out of or relating in any way to your breach of this Agreement or your use of our Website, Products and/or Services. We reserve the right to assume the exclusive control of the defense of any matter in which Shindy Studio is a defendant, including, without limitation, the defense of claims subject to indemnification by you and you will remain obligated to pay for all attorneys’ fees, court costs, settlement fees and costs, judgments and other fees, costs and expenses. You agree to cooperate with us in any such defense.
b. Headings. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.
c. Waiver. Shindy Studio’ failure to act in a particular circumstance or to timely exercise any of its rights hereunder or at law or in equity shall not be deemed a waiver of its ability or rights to act with respect to that circumstance or similar circumstances in the future.
d. Governing Law; Jurisdiction; Venue. These Terms and Conditions are governed in all respects by the laws of the State of New York with the exception of conflicts of law rules. By accepting this Agreement and by renting a Product or using the Services, You accept and consent to the personal jurisdiction and venue of the federal and state courts in New York, New York, for any court action or proceeding permitted by this Agreement which is deemed necessary by Shindy Studio to collect amounts due hereunder and/or to protect Shindy Studio from theft, fraud or other loss. At Shindy Studio’ sole option, Shindy Studio may also commence any court action or proceeding to collect amounts due hereunder and/or to protect Shindy Studio from theft, fraud or other loss, in the federal or state courts in the jurisdiction where You reside, or in the jurisdiction where the property is located.
e. Assignment. Neither this Agreement nor any interest herein may be assigned or delegated by You without Shindy Studio’ prior written consent.
f. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.
g. Force Majeure. Shindy Studio shall not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of courier or delivery service interruptions or delays, strikes, riots, insurrections, fires, floods, storms, explosions, earthquakes, acts of God, war, governmental action, or any similar cause that is beyond the reasonable control of Shindy Studio. If any force majeure event occurs, Shindy Studio will attempt to notify You.