WEBSITE TERMS OF USE AND
HANDBAG RENTAL AGREEMENT
IMPORTANT!
IN ORDER TO USE THIS WEBSITE, AND IN ORDER TO RENT OR PURCHASE A HANDBAG FROM GOT 2 HAVE IT HANDBAGS, YOU MUST HAVE READ AND AGREED TO THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT.
YOU MUST BE 18 YEARS OF AGE OR OLDER TO ACCESS AND/OR USE THIS SITE.
THIS WEBSITE TERMS OF USE AND HANDBAG RENTAL AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GOT 2 HAVE IT HANDBAGS. YOUR ACCESSING, USE AND/OR RENTAL OF A HANDBAG OF THIS SITE CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET OUT HEREIN,
YOU MAY NOT USE THIS WEBSITE.
Terms and Conditions:
1. Definitions. Unless otherwise expressly defined in this Agreement, the following terms shall have the meanings set forth below:
(a) "Agreement" means this Website Terms of Use and Handbag Rental Agreement and any Schedules hereto. The Schedules form part of this Agreement.
(b) "Content" includes all content of the Site, which includes without limitation all Text, Graphics, Design and Programming;
(c) "Customer" means an individual who accesses, uses and/or subscribes to rent any designer handbag(s) from GOT 2 HAVE IT HANDBAGS.
(d) "Delivery Fee" means the shipping and handling fees charged by GOT 2 HAVE IT HANDBAGS being payable by the Customer in connection with the delivery of a rented designer handbag pursuant to a Customer’s order, the Delivery Fee being more particularly set out in Schedule “A” to this contract. A Customer may select either “regular” or “express” shipping options, and the estimated delivery time shall be confirmed to the Customer at the time his or her order is processed. Delivery time may vary depending on the inventory available and third party delivery schedules.
(e) "Design" includes the page layout, colour combinations, and all other design elements of the Site.
(f) "GOT 2 HAVE IT HANDBAGS" means Joanne Seguin & Linda Medwid carrying on business as GOT 2 HAVE IT HANDBAGS.
(g) "GOT 2 HAVE IT HANDBAGS Website" or the "Site" means the websites found by the internet addresses "www.got2haveithandbags.com " and “www.got2haveithandbags.ca”, as well as any related websites owned or operated by GOT 2 HAVE IT HANDBAGS, and includes all Content, Text, Graphics, Design, Programming and Services forming part thereof.
(h) "Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
(i) "Programming" includes both the source code and compiled executables, if applicable, used in connection with the Site.
(j) "Rental Period" means the period agreed to by the Customer and GOT 2 HAVE IT HANDBAGS, whereby the Customer is in possession of the designer handbag pursuant to the terms of this Agreement; the Rental Period being as more particularly set out in Schedule “B” to this contract. Typically, rental periods for designer handbags rented using the Site are for a weekly, bi-weekly, monthly or seasonal period.
(k) "Text" includes all printed matter, words, phrases, and information provided on the Site, whether editorial, navigational, or instructional.
(l) "You" and "Your" means the individual Customer using the Site and/or requesting or receiving a service provided by GOT 2 HAVE IT HANDBAGS.
2. Binding Agreement and Amendments. As noted above, this Agreement constitutes a binding agreement between you and GOT 2 HAVE IT HANDBAGS. Your access to or use of the Site, including the rental of any designer handbag through the Site indicates your acceptance of the terms and conditions set out herein. GOT 2 HAVE IT HANDBAGS reserves the right to amend this Agreement, in its discretion, without further notice, and your continued accessing and use of the Site constitutes your consent to any such amendments. It is your responsibility to continue to check this Agreement and any terms and conditions regulating use of the Site – if you do not agree to the revised terms, you may not use the Site or any services provided by GOT 2 HAVE IT HANDBAGS.
3. Right to Refuse. GOT 2 HAVE IT HANDBAGS reserves the right to refuse any Customer’s request to rent or purchase a designer handbag from its Site.
4. Operation of Site. You are accessing and using the Site at your own risk .GOT 2 HAVE IT HANDBAGS reserves the right to amend the Sitein its discretion without further notice. GOT 2 HAVE IT HANDBAGS makes no representations or warranties that use of the Site will uninterrupted or error-free.
5. Terms and Payment for Services. You understand that you must provide GOT 2 HAVE IT HANDBAGS with your name, address and valid credit card information in order for GOT 2 HAVE IT HANDBAGS to process any request that you may make to rent or purchase any of our designer handbags using the Site. At this time, GOT 2 HAVE IT HANDBAGS will rent or sell product only to those persons resident in Canada, and in placing any order, you confirm that you are a Canadian resident. Only Visa or Master card is accepted on approved credit. In providing your information to GOT 2 HAVE IT HANDBAGS, you are representing and warranting that the information that you provided is truthful, complete and correct. In submitting a rental request to GOT 2 HAVE IT HANDBAGS, you authorizing us to charge your credit card in connection with any such rental or purchase. Charges associated with the purchase of designer handbags from the Site will typically include the purchase amount indicated on the Site, applicable taxes, shipping and handling fees (which includes shipping insurance to cover damage or loss while in transit). Charges associated with the rental of designer handbags from the Site will typically include a membership fee, rental payments (which are dependant on the Rental Period that you have selected and which has been agreed to by GOT 2 HAVE IT HANDBAGS), applicable taxes, insurance, shipping and handling fees (which includes shipping insurance to cover damage or loss while in transit), and damage and/or replacement costs for damaged or lost rented product, as well as a replacement fee. All costs associated with the rental and/or purchase of designer handbags from the Site shall be detailed at the time of rental and/or purchase by the Customer. By submitting your information to GOT 2 HAVE IT HANDBAGS, you are confirming that you are authorizing GOT 2 HAVE IT HANDBAGS to charge your credit card for said costs, and that you have the legal authority to grant such authorization.
The following terms shall also apply with respect to the rental of designer Handbags using the Site:
(a) The rental fee shall be as set out by GOT 2 HAVE IT HANDBAGS on its Site at the time of rental. GOT 2 HAVE IT HANDBAGS reserves the right not to rent a designer handbag for a price specified on the Site if there is any error or omission.
(b) The following additional rental terms apply to any rental using the Site:
(i) Only one (1) designer handbag may be rented by any Customer at one time. All designer handbags listed on the Site will be classified by GOT 2 HAVE IT HANDBAGS, in its discretion, as falling within the Bronze Collection, Silver Collection, Gold Collection or Platinum Collection categories. GOT 2 HAVE IT HANDBAGS reserves the right to require a security deposit from any Customer, depending on order history, previous damage or loss by any client, or based on credit rating.
(ii) Should the Customer select the monthly billing option for payment of the rental fee, such monthly billings will commence upon shipment of the rented designer handbag by GOT 2 HAVE IT HANDBAGS. The Customer’s credit card will otherwise be charged at the time of shipment by GOT 2 HAVE IT HANDBAGS. It is the responsibility of the customer to maintain current billing information. If a credit card charge is declined for any reason, an administrative fee of $20.00 fee will be assessed and an email will be sent to customer with a 72 hours termination of service notice. After 72 hours, the credit card will be charged again, and if again declined, the account will be terminated. You must immediately return any rented product to GOT 2 HAVE IT HANDBAGS. Customers may reactivate their accounts within 5 business days after termination for an administrative fee of $9.95.
(iii) GOT 2 HAVE IT HANDBAGS reserves the right to change fees, monthly service rates or to institute new fees at any time upon posting such amendments to the Site. GOT 2 HAVE IT HANDBAGS may, in its sole discretion, request identification from you to confirm your identity and your ability to authorize use of the credit card. Should you have provided inaccurate or incomplete information or should payment be declined, you hereby undertake to fulfill all payment of all amounts owed to GOT 2 HAVE IT HANDBAGS. GOT 2 HAVE IT HANDBAGS reserves the right to take any necessary steps to collect these unpaid amounts, including but not limited to the use of third party collection agencies or other legal action. If GOT 2 HAVE IT HANDBAGS, at sole discretions, deems it necessary to use such third party agencies, then you agree to be liable for any fees GOT 2 HAVE IT HANDBAGS incurred by doing so. Should you experience a problem or discrepancy with a bill from GOT 2 HAVE IT HANDBAGS, You agree to bring this to the attention of GOT 2 HAVE IT HANDBAGS within sixty (60) Days of any such problem or discrepancy. If you fail to do so, you waive any right to dispute said problem or discrepancy.
(iv) If you return a rented handbag to GOT 2 HAVE IT HANDBAGS in dirty condition, you will be responsible for the costs of cleaning the rented handbag (including the fees of any third party) sufficient to returning the handbag to its pre-rental condition, excepting normal wear and tear. You hereby expressly authorize GOT 2 HAVE IT HANDBAGS to charge your credit card for any such fees and costs so incurred by GOT 2 HAVE IT HANDBAGS. If the handbag cannot be returned to pre-rental condition, excepting normal wear and tear, you will also be responsible for the replacement cost of the handbag.
(v) If the handbag is damaged (excepting normal wear and tear), lost, stolen, or destroyed, you agree and authorizes GOT 2 HAVE IT HANDBAGS to charge your credit card and collect a replacement fee (as indicated at the time of rental) to cover the replacement costs of the designer handbag that was rented by you to the extent not covered by GOT 2 HAVE IT HANDBAGS insurance policy. The security deposit provided by the Customer at the time of rental will be retained by GOT 2 HAVE IT HANDBAGS and applied to the replacement cost.
(vi) Customers may purchase insurance at time of rental through GOT 2 HAVE IT! HANDBAGS. The cost and coverage of such insurance will be specified at the time of rental, and the applicable rates will vary depending on the length of time the handbag is being rented.
6. Acceptable Use of the Site.
(a) General. The Site is made available to you on a personal and domestic basis, intended for use by individuals to rent or purchase designer handbags. You may use this Site only for these intended purposes. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Site complies with this Agreement.
(b) License to Use by Members who are Customers. GOT 2 HAVE IT HANDBAGS hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use. This authorizes you to view designer handbags offered for rental by GOT 2 HAVE IT HANDBAGS, to rent designer handbags subject to the terms and conditions of this Agreement, and to access other membership services as available from time to time.
(c) GOT 2 HAVE IT HANDBAGS reserves the right to suspend or terminate your Membership and/or rental agreement for any reason at any time, in its sole discretion. You must be 18 years old or older to register as a member on the Site or to rent any product from GOT 2 HAVE IT HANDBAGS.
7. Intellectual Property Rights. The Site and all right, title and interest in and to the Site, is the sole property of GOT 2 HAVE IT HANDBAGS, and is subject to the protection under the Copyright Act of Canada. Except for the limited non-exclusive license expressly granted to you in this Agreement, you have no right, title or interest in or to the Site or its Contents. You are expressly prohibited from reproducing, modifying, displaying, selling, or distributing the Content, or using it in any way for public or commercial purposes. This includes copying or adapting the HTML code used to generate web pages forming part of the Site. "GOT 2 HAVE IT HANDBAGS," the GOT 2 HAVE IT HANDBAGS… design logo and certain other names or logos are trademarks of GOT 2 HAVE IT HANDBAGS and may not be used or reproduced without the prior written consent of GOT 2 HAVE IT HANDBAGS. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by GOT 2 HAVE IT HANDBAGS trademarks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
8. Disclaimers and Limitations.
(a) GOT 2 HAVE IT HANDBAGS provides the Site, the information contained within it, and the associated products and services “as is”, and expressly disclaim any warranties of any kind, whether expressed or implied, including but not limited to, implied warranties of merchantability or fitness for a particular use.
(b) Any warranty that is provided in respect of the purchase of any product on this Site is provided solely by the manufacturer of that product, and not by GOT 2 HAVE IT HANDBAGS.
(c) In no event shall GOT 2 HAVE IT HANDBAGS be liable for any indirect, special, incidental or consequential damages arising from the accessing and/or use of this Site, its Contents or the purchasing or rental of any products or services provided on this Site.
(d) GOT 2 HAVE IT HANDBAGS makes reasonable efforts to ensure the accuracy and completeness of the information on this Site. GOT 2 HAVE IT HANDBAGS shall not be liable for any loss or damage suffered due to inaccurate or incomplete information relating to a product or service displayed on the Site.
(e) GOT 2 HAVE IT HANDBAGS does not endorse or recommend the products of services of any person and shall not be considered an endorsement, representation or warranty.
(f) GOT 2 HAVE IT HANDBAGS… DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GOT 2 HAVE IT HANDBAGS IS NOT RESPONSIBLE FOR THOSE COSTS.
