0

Rental Agreement

Customer Rental Agreement

This Customer Rental Agreement (this "Agreement") is a legal agreement between you, the customer, ("you" or "your") and Ceremonial Attire, Inc. ("Ceremonial Attire, Inc.," "we," or "us"), establishing the terms and conditions under which you will rent regalia, and other items (each a "Product" or "Products") and receive related services from us through our website at capgown.com

Before you click on the "I accept" button, carefully read this customer rental agreement. By clicking on the "I accept" button, you are agreeing to be bound by and are becoming a party to Agreement, which incorporates the website terms & conditions of use (available at terms & conditions) and the privacy policy (available at privacy policy). If you do not agree to all the terms of this Agreement, you will not be permitted to rent Products from Ceremonial Attire, Inc..

This Customer Rental Agreement contains all the terms and conditions governing your rental of Products from Ceremonial Attire, Inc. through our website. You agree that your use of the website and your rental of Products is subject to our website Terms & Conditions of Use and our Privacy Policy, as such terms may change from time to time. You agree and acknowledge that you are renting the Products and that ownership of the Products remains with Ceremonial Attire, Inc. at all times.

Rental Fees and Credit Card Authorizations: The rental fee ("Rental Fee") for the Products will be the Rental Fees, accidental damage waiver, taxes and any other associated charges detailed on the checkout page of our website in connection with your rental order. Upon placing your order for Products, you 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 you completing your order on our website. You represent 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. A reservation for a Product on our website is an order for the rental of that Product, no matter how far in advance the order is placed. In addition to the Rental Fee, you further authorize us to charge your credit card for any Late Fees, Replacement Fees or other damage amounts as set forth below.

Product Quality and Sizing: We will ship to you the Products and sizes as requested by you through our website ordering system. When you receive the Products you ordered, you should immediately inspect and try on the Products. If any item does not fit due to measurement error, you must notify us within 48 hours of order delivery, and we will ship you a replacement item at no additional cost to you, except for the actual cost of shipping.

Cancellations: You may cancel your order for Products at least forty (7) days prior to your event date and receive a full refund with no cancellation fee. For cancellations that are less than forty (7) days prior to your event date, you will be charged for the full order amount. Shipping and Return: Your rental order will be shipped to you via United Parcel Service (UPS) or United States Postal Service (USPS) Delivery, and will be scheduled to arrive at least 10 days prior to your event date. We ship only to a valid residence, office or hotel street address within the continental US (we can not ship to a P.O. Box). All orders are shipped in a high quality box.

A pre-paid return shipping label is included with every order. To return your rental order, place all rental items in the original shipping box, seal the box, and place the return shipping label over the old shipping label, and deliver the box to any authorized UPS or USPS pick-up site. Be sure to return all rental items as listed on the packing slip included in your order. We are not responsible for any personal property returned with the rental order.

Late Fees, Damages and Replacement Fees: All rental orders must be shipped back to Ceremonial Attire, Inc. no later than 7 days following your event date. Orders must be returned in the original Ceremonial Attire, Inc. shipping box. Your order will be considered returned when you follow these return instructions and deliver the box to any authorized USPS or UPS pick-up location. Orders not timely returned will be charged at the rate of 25% of the total Rental Fee, per day. Any Products not marked shipped within 7 days of your event shall be deemed lost or appropriated and, in addition to Late Fees, you will be charged Product replacement fees ("Replacement Fees") as detailed below.

When you rent Products from Ceremonial Attire, Inc., an Accidental Damage Waiver is added to the cost of your order. This waiver covers only damages that can be repaired through normal dry cleaning or minor tailoring. If we determine that a rental Product is damaged beyond repair, or if a rental Product is not returned, you will be charged a Replacement Fee for the item. Replacement Fees for individual items are as follows: Gown $335; Hood $90; Silk Cap $80; Gold Bullion Cap $100; MIT Cap $50; Garment Bag $10. Unauthorized alterations made to a Product will result in an additional charge to return the Product to its original size.

You will be responsible for Late Fees, Replacement Fees and any other damage charges collectively, the "Fees") associated with Products you ordered and for any orders for Products initiated from your account. If you do not pay the amounts you owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys' fees.

Limitation of Liability: The full extent of Ceremonial Attire, Inc.’s liability to you under this agreement is governed by our website Terms & Conditions of Use (available at Terms & Conditions) and our Privacy Policy (available at Privacy Policy), which are hereby incorporated into this Customer Rental Agreement.

No Warranty: We do not make any representations or warranties about the products and all disclaimers set forth in the Terms & Conditions of Use will apply to the products and any other activities under this agreement.

This Agreement constitutes the complete and entire Agreement between you, the customer, and us, Ceremonial Attire Inc.

None of the provisions of this Agreement may be waived or modified except by a writing signed by the Parties.  Failure of any Party to require the performance of any term in this Agreement, or the waiver by any Party of any breach thereof, will not prevent subsequent enforcement of such term nor be deemed a waiver of any subsequent breach.

Each Party represents and agrees that in executing this Agreement it does so with full knowledge of its rights, and after having received independent legal advice from its attorneys.  In entering this Agreement, neither Party is relying on any inducements, promises, statements, or representations made by the other Party or any of its officers, agents, or attorneys other than as expressly set forth in this Agreement.

If any portion of this Agreement is declared invalid or unenforceable for any reason, such portion is deemed severable, and the remainder of this Agreement will be deemed and remain fully valid and enforceable unless such invalidity or unenforceability tends to substantially deprive any Party of the benefits to be provided to it by this Agreement, in which case the deprived Party will have the option of keeping this Agreement in effect or terminating it.

This Agreement shall be governed by the laws of the State of California.  Any dispute, controversy, or claim arising out of or in relation to or in connection with this Agreement or for the breach thereof shall be adjudicated in the State of California, County of Los Angeles.