USER RENTAL AGREEMENT
PLEASE READ THESE USER TERMS & CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.
All rentals are subject to these User Terms and Conditions which create a binding legal agreement between you and THE SPARKLEZ BOX, LLC (the “Agreement”). IN ORDER TO REGISTER AS A USER AND RENT JEWELRY AND WATCH ITEMS (“MERCHANDISE”) VIA OUR SITE LOCATED AT www.thesparklezbox.com, YOU MUST ACCEPT THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” BUTTON BELOW. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO BECOME A USER OR USE ANY OF THE SERVICES OFFERED BY THIS SITE. This Agreement is effective as of the “last updated” date set forth above.
During registration, you will be asked for certain personal information (“Registration Data”). You hereby represent, warrant and covenant that (i) all Registration Data is true, accurate, current and complete, and (ii) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account, your user ID and password and for restricting access to your account. You are solely responsible for any activity related to your account.
By providing us with Registration Data, you give us permission to use the Registration Data to conduct Background and Credit Checks upon registration and at any time during your rental, for the purposes of determining, in our sole discretion, (i) whether you qualify for an account, (ii) and/or whether to keep your account active.
By providing us with your credit card information, you give us permission to (i) upon successful registration, charge your credit card for the applicable Rental Fee at the time of sign up, (ii) upon placement of an order, charge your credit card for the applicable Rental Fee(s), (iii) upon placement of an order and prior to the shipment thereof place a Security Deposit hold on your credit card(s), (iv) charge your credit card for the selected method of shipping, and (v) charge your credit card for the other fees set forth herein, (vi) charge your credit card in the event of damage or loss.
You must be 18 years of age or older and a legal resident of the United States to register as a User. Payment of the applicable Rental Fee entitles you to the use of corresponding merchandise. THE SPARKLEZ BOX reserves the right to cancel your rental at any time in our sole discretion. Immediately upon cancellation of your rental for any reason, you shall return all Merchandise to us as set forth in this Agreement. All Rental Fees are non-refundable.
To help protect us against loss, damages or theft, we require a Security Deposit for all rented Merchandise. We reserve the right, in our sole discretion, to determine the retail value of the Merchandise, and to require a Security Deposit of 20% of the retail value of the Merchandise upon shipment of such item(s). If you do not have enough credit available on your credit card account(s) to allow (i) a reserve for the Security Deposit to be applied, or (ii) fees and charges for damages or loss of the Merchandise to be applied, we may request additional credit card(s) or, at our discretion, regard the order as canceled. Any late fees/damage fees/additional fees or charges due to us as provided in this Agreement will also be charged to your credit card.
The Security Deposit (less any applicable fees or charges due) will be released upon return of the Merchandise subsequent to inspection and a determination, in our sole discretion, that the Merchandise is in the same condition as when delivered to you, reasonable wear and tear excepte
Due to technical limitation , we will deduct the security deposit from your account and this will be refunded on return
Shipping is based on nextday shipping from our facility to your designated point of delivery, and the return to our facility from that area. Your designated point of delivery should be your office or home address or other address where you are assured that someone trustworthy will be present to sign for and receive delivery of the Jewelry.
We include the prepaid to/from shipping labels, which includes delivery insurance, and the cost is reflected in the transaction amount that will be charged to your credit card.
When returned by you, the Merchandise must be repackaged in its original “The Sparklez box “boxes and placed into its corresponding packer box. The Jewelry box(es) must then be placed and sealed in the prepaid/preaddressed shipping package included with the initial shipment. The package may then be presented for shipment to any UPS Location or UPS Store in your area for the return shipment. You are not required to purchase insurance from UPS and, for security reasons, you should not discuss the contents of the package with UPS personnel.
You will be contacted if your order cannot be shipped due to unforeseen issues with inventory availability or other reasons. THE SPARKLEZ BOX promises to use every reasonable effort to ensure your reserved item is available for your scheduled date. If your reserved item is not available because it has been sold or not returned, alternative pieces of equal or greater value will be discussed and offered to you at that time for no additional costs. All of your fees and any Security Deposit will be refunded if an alternative solution, acceptable to you, is not identified. We will have no liability to you in the event that items are unavailable as contemplated by this paragraph, even if you have reserved them, other than the return of the fees and Security Deposit.
IN NO EVENT WILL WE SHIP JEWELRY OUTSIDE THE UNITED STATES.
Selected Date & Delivery.
All jewelry shall be available at a 2, 4- or 8-day rental period. Your credit card will be charged one hundred percent (100%) of the applicable rental fee (“Rental Fee”) when your order is placed.
All items will be shipped via UPS for overnight delivery. The desired starting date submitted with your rental order will be shipped from our location on a Wednesday to be received by you on Thursday. Every reasonable effort will be made to deliver the Merchandise to your designated valid address for your selected date. The merchandise MUST be returned by you on Monday to be received at "The Sparklez BOX” of business by Tuesday in accordance with the prepaid shipping label. “The Sparklez BOX “understands that desired Merchandise may be required for events/occasions earlier in the week. In that event, we offer our USERS a prorated additional rental fee for items shipped outside the standard Company shipping policy. For example, we will ship Monday to be received Tuesday and charge an additional two day prorated rental fee.
A signature is required for delivery or pickup of the Merchandise. Any refused or returned deliveries will be processed as a completed rental transaction, with the full rental and other fees assessed.
If through our fault the Merchandise is not delivered by your selected date, we will return all rental fees and, upon return of the Merchandise as provided above, remove the hold for your Security Deposit. The return of these amounts will be our sole liability to you in the event of nontimely delivery or nondelivery; in no event will we be liable for any other damages whatsoever.
If we timely deliver the Merchandise to UPS with delivery prepaid for to you at least one day prior to the selected date, any late delivery or nondelivery will be deemed to be not our fault and we shall have no liability under this paragraph. Further, nonavailability of items, even where reserved, shall be deemed to be not our fault. Again, THE SPARKLEZ BOX practice will be to accommodate its users with a similar item of equal or greater value at no additional cost.
CARE OF JEWELRY
We will inspect, repair and clean every piece of Jewelry before delivery to you. While in your possession, we expect you to handle the Jewelry/Watch with the utmost care as if it were your own.
You should keep the Merchandise in your possession and under your control at all times. Users are prohibited from letting anyone else use or wear it for any purpose.
Even though you are renting Merchandise, you acknowledge that each item rented from us is a high-value item and you covenant to treat it as if you own it. Our rental rate assumes a minimal amount of wear which may occur with a rental use consistent with wearing high-quality Merchandise responsibly. Unusual wear or any damage, abnormal dirt or foreign substances on any Jewelry Item gives us the right to charge your credit card account(s) for the cost of repair or cleaning. In the event of damage to any Jewelry Item that is beyond repair, we have the right to charge your credit card account(s) for 100% of the replacement value of the Jewelry Item. The amount to be charged is left to our sole discretion based on our assessment of the damage.
All items must be returned by the designated return date following receipt of your items. It is imperative that THE SPARKLEZ BOX receives the items at our location the day after your return date to ensure the proper maintenance, cleaning and repair to provide our clients with clean and impeccable jewelry and watches.
The Merchandise must be repackaged in its original box and placed and sealed in the prepaid / preaddressed shipping package included with the initial shipment. The package may then be presented for overnight shipment to any UPS Office in your area for return shipment. Remember to request a receipt for proof that you delivered the package, without the receipt you can be held responsible if it does not get delivered.
We include the prepaid to/from shipping, including delivery insurance, and the cost is reflected in the transaction amount that will be charged to your credit card. You are not required to purchase insurance from UPS and, for security reasons, you should not discuss the contents of the package with UPS personnel or anyone else.
To extend your rental period, please contact us. If we can accommodate your request, we will provide a revised return shipping label.
If you do not deliver the Merchandise for return shipment by the required Return Date, late fees will be assessed as to that item(s) as follows:
One (1) Day Late – 50% of the rental fee for that item will be added to the total fees
Two (2) to seven (7) Days Late – 100% of the rental fee for that item will be added to the total fees
Eight (8) to Fourteen (14) Days Late – 150% of the rental fee for that item will be added to the total fees.
Over Fourteen (14) Days Late – Presumed Lost or Stolen and Liquidated Damages apply
Late fees will be charged to your credit card account(s) in addition to all other applicable fees. You agree and acknowledge that the late fees provided for by this paragraph are intended as compensation to us, and are not intended to be a punishment or penalty, because the damages that we would suffer by way of late return are incapable or very difficult of accurate estimation because of factors including, without limitation, our recovery of anticipated profits, our loss of sales and reputation due to unavailability of items, fluctuations in the value of gems and precious metals, and changes in our insurance rates.
You further agree and acknowledge that (i) our ability to make Merchandise available for rent to other valued USER depends greatly on our ability to secure return of those items by Tuesday of each week, a return after such date may prevent us from having sufficient time to clean, repair and reship the Jewelry to the next valued USER; (ii) because of that lack of time we cannot commit to having Merchandise available to upcoming USERS until such time as the merchandise is in our possession and capable of securing clasps, polish and cleaning (and where applicable, repair) for upcoming selected dates; and, (iii) that while we may be able to restock and have said merchandise made available on a rush basis if it is returned by the Wednesday following your rental period, Jewelry returned on Thursdays day after your rental period, or later, cannot be processed and reshipped in time for the upcoming weekend. For the foregoing reasons, you agree with us that the amounts reflected in the schedule of late fees above are a reasonable forecast of just compensation to us in the event of late return.
If any Jewelry items are not returned within fourteen (14) days after the Return Date without express notice, as liquidated damages for your failure to timely return the item(s) we will have the right to charge your credit card account(s) as provided under “Liquidated Damages” below.
Title to the Merchandise shall remain in us at all times except as specifically provided herein. We will include the prepaid shipping insurance for delivery to and from your delivery location.
If the Merchandise is returned to us more than fourteen (14) days after the Return Date for any reason under this Agreement, as Liquidated Damages we will have the right to charge your credit card account(s) an amount up to 100% of the replacement value attributable to each such item.
If we exercise our right to require payment of up to 100% of the replacement value of any Jewelry Item due to failure to timely return that item, we will waive all applicable late fees and damage fees otherwise chargeable with respect to that Merchandise, and refuse return of the item(s) in question, and you will acquire title in such Jewelry Item(s) from us.
You agree and acknowledge that the Liquidated Damages provided for by this paragraph are intended as compensation to us, and are not intended to be a punishment or penalty, because the damages that we would suffer by way of failure to return our items without express notice other than within fourteen (14) days after the Return Date are incapable or very difficult of accurate estimation because of factors including, without limitation, our recovery of anticipated profits, our loss of sales and reputation due to unavailability of items, fluctuations in the value of gems and precious metals, and changes in our insurance rates or the availability of insurance coverage. For the foregoing reasons, you agree with us that the amounts fixed above are a reasonable forecast of just compensation to us in the event of failure to return the items other than within fourteen (14) days after the Return Date. If debts are not able to be collected normally and it is collected through the use of a collection agency, an attorney, or through other legal proceedings, you agree to pay all reasonable costs or fees, including attorney fees and court costs, incurred in connection with such collection effort.
If you cancel your order in writing within 24 hours of placing your order you will receive a full refund minus applicable fees. If you cancel your order in writing more than two weeks ahead of the scheduled shipping date, fifty percent (50%) of the Rental Fee plus any applicable shipping and insurance fees will be refunded (in the form of a credit on your credit card). If you cancel your order less than two weeks ahead of the shipping date, the Rental Fee is not refundable and only the shipping fees will be refunded (in the form of a credit on your credit card). Cancellation of an order is not an option once the Merchandise has left our facility.
SALE OF JEWELRY
If you wish to purchase an item(s) of Jewelry or Watch without renting beforehand, you may do so by contacting us at +1-201-948-4357. If you are a USER and have rented one of our items and wish to purchase it applying a portion of your rental equity please contact us at +1-201-948-4357. Each item of Jewelry is unique and must be evaluated separately. If the item is available for sale, we will contact you and provide a fair market price and other terms of sale.
ALL JEWELRY AND WATCHES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR AFFILIATES OR SUPPLIERS MAKE, AND WE EACH HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE JEWELRY OR WATCHES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES OR SUPPLIERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (EACH, A “THE SPARKLEZ BOX PARTY”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM ACCESS TO OR OTHER USE OF THE MERCHANDISE, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. In such case, the aggregate liability of the THE SPARKLEZ BOX Parties shall be limited to the lesser of (i) one hundred dollars ($100.00), or (ii) the amount of rental fees paid as of the selected date giving rise to such cause of action occurs.
You agree to indemnify, defend, and hold each THE SPARKLEZ BOX Party harmless from and against any and all third party claims, liabilities, damages, losses and expenses (including without limitation taxes, reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with your failure to pay applicable taxes, breach of this Agreement, or your access to or other use of any Merchandise.
In no event shall we be liable for any failure or delay in performance of its obligations hereunder if such failure or delay is due to causes beyond our reasonable control including, but not limited to acts of God, fire or explosion, war, invasion, riot, or other civil unrest, governmental laws, orders, restrictions, actions, embargoes, or blockages, national or regional emergency, failure of common carriers including Federal Express, and injunctions, strikes, lockouts, labor trouble, or other industrial disturbances.
You may not assign or otherwise transfer this Agreement, your RENTAL or any of your rights or obligations hereunder to any third party.
Governing Law and Jurisdiction.
This Agreement, and all matters arising directly or indirectly from this Agreement, shall be governed by and construed in accordance with the laws of the State of NEW JERSEY, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of NEW JERSEY and waive any jurisdictional, venue, or inconvenient forum objections to such courts. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated, signed and maintained in printed form.
Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of this Agreement, and that provision and this Agreement generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in this Agreement.
Entire Agreement. This Agreement constitutes the entire agreement between you, the USER, and us, THE SPARKLEZ BOX, with respect to the subject matter contained herein, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you, the USER, and us, THE SPARKLEZ BOX, with respect to such subject matter.
BY CLICKING ON THE “I AGREE” BUTTON, I ACKNOWLEDGE THAT I HAVE READ, AND AGREE TO BE BOUND BY, THE TERMS OF THIS AGREEMENT.