1. General; Rental Not Purchase; Adult Agreement Required.
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 articles of clothing that can be rented by You and our other customers to TWO (2) at any time. Your purchase of a subscription provides you one (1) or two (2) articles of clothing per order, quantities of each as defined by your membership plan, that can be in your possession at any given time until the rental period of three (3) days is over so long as you continue to make RECURRING payments for your membership each month.
2. 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) PLUS any insurance or shipping charges listed on the website in connection with your membership.
Upon Your order, 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 Your rental order or checkout where you confirm and submit – “Check Out”.
In addition, at the time of Your order of a Product, You hereby authorize The Mercer Club, Inc. 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 The Mercer Club, Inc., shall be reimbursed by You to The Mercer Club, Inc. in connection with Your order for the rental.
You may cancel your membership at any time prior to the renewal of your membership to The Mercer Club to avoid being charged for another month. Canceling account post renewal date will result in your account being charged for an entire month of The Mercer Club membership. Once you cancel your membership, you are responsible for submitting to the U.S. Postal Service (USPS) through Priority Mail any outstanding articles of clothing or accessories in your possession within THREE (3) CALENDAR DAYS. Failure to do so will result in you being charged for the entire value of the Product, which at that point will be yours to keep.
3. The Mercer Club Offering.
All deliveries will be made as per The Mercer Club delivery and mailing schedules. Sometimes The Mercer Club 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 divided by 4 (excluding insurance and any relevant delivery charges) as determined by us. See Section 5(b) below.
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 garments, no refund will be issued and another Product will be mailed to you automatically.
All Products will be professionally cleaned and delivered ready to wear for each consumer. We tumble wash and / or dry clean and inspect each product with the utmost care, but use of the product is at your own risk and The Mercer Club, Inc. shall not be held liable for any health-related complaints associated with a product rented from our site.
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 The Mercer Club, Inc. (“Return Packaging”).
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.
4. Your Commitments to Us; Payment of Retail Value.
a. Receipt of the Products
Upon shipment, You bear responsibility for the Product(s). In the event that an unsecure shipping address is provided, The Mercer Club, Inc. 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 The Mercer Club, Inc. is not to be held liable, but You will be held liable.
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. Normal wear and tear encompasses minor stains, missing beads, stuck zippers or other minor damage covered by the subscription price you paid in order to rent the Product. If You return a Product that is damaged beyond normal wear and tear, then You agree that we shall charge You, and You shall pay, for repairing or replacing the Product, as determined in our discretion, as advertised on our site OR explained to you in the package delivered to you.
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.
– 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.
– Removal: We reserve the right to terminate your right to be a member of The Mercer Club at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
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.
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.
Your sole and exclusive remedy and The Mercer Club, Inc.’s sole and exclusive liability for a breach of The Mercer Club, Inc.’s limited warranty shall be, at The Mercer Club, Inc.’s option, The Mercer Club, Inc.’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).
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.
a. No Indirect Damages.
IN NO EVENT SHALL THE MERCER CLUB, INC. / (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 LE TOTE, INC./ LE TOTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
b. Limited Direct Damages.
THE MERCER CLUB, INC.’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
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.
This Agreement constitutes the entire agreement between You and The Mercer Club, Inc. 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 The Mercer Club, Inc. 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 The Mercer Club, Inc.’s prior written consent. Termination of this Agreement will not relieve.
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. The Mercer Club, Inc. 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.