These terms and conditions (the "Agreement") are a legal agreement between you ("You" or "Your") and The Borrowed Collection Jewelry Company ("The Borrowed Collection", "TBC", "we," "us," or "our"), establishing terms and conditions under which You will submit information to, and rent jewelry and accessories (each a "Product" and collectively, "Products") and receive related services ("Services") from, The Borrowed Collection via our website at www.theborrowedcollection.com (the "Website").
The lessee agrees to lease Products from The Borrowed Collection Jewelry Company (“TBC”), and to pay the Rental Fee, and other fees, damages, costs and other payments specified therein, including (without limitation) any late fees or liquidated damages. By clicking "I have read and acknowledge the Rental Agreement Terms." you acknowledge that you have read the following terms and conditions carefully and in their entirety. If you do not agree to the terms, do not click "I have read and acknowledge the Rental Agreement Terms." or move forward with your order.
All TBC rentals are subject to the following terms and conditions. Please review thoroughly before acknowledging the Rental Terms and Conditions Agreement Form. In these terms and conditions, “TBC” or “we” or “us” or “our” refer to The Borrowed Collection Jewelry Company; “Lessee” or “you” or “your” refer to the client leasing the Product as indicated on the Website.
1. Rental Fees; Damage Deposit; Cancellations
Rental Fee – The rental fee ("Rental Fee") for the Products will include the rental fee and delivery charges listed on the Website in connection with Your rental of the Products. The Rental Fee is refundable up to 45 days prior to the stated event date, less a 25% Reservation Deposit. The Rental Fee is to be considered non-refundable if requested within 45 days of the stated event date and will not be returned under any circumstance except as described in this agreement.
Damage Deposit – You will be receive a secure link to our "Damage Deposit Form" 30 days prior to your rental start date or 24 hours after placing your order when your Wedding Date is less than 30 days away. You acknowledge that you are required to complete the “Damage Deposit Form” in order to have your order delivered to you. By completing the damage deposit form, you hereby authorize The Borrowed Collection to charge your payment card up to an amount equal to 200% of the entire original retail value of that Product (when new) set forth on the Website or the Rental Agreement form; provided that we will only charge your payment card for an amount greater than the Rental Fee in the circumstances set forth in Section 2 below. If you fail to complete the form, your order will not be delivered to you and will be considered fulfilled.
2. Late Fees; Damages
Late Fees – If the Product is not delivered to the drop off location or return shipper on or before the Return Date and Time specified in the Rental Agreement, then Late Fees shall be due and payable by you in addition to the Rental Fee and any other amounts payable under this agreement. Late Fees will be determined by postmark date or tracking date of the package being returned. Late Fees will be calculated as follows:
1 day late – 50% of the Rental Fee
5 days late – 100% of the Rental Fee
7 days late – Liquidated Damages apply
Such Late Fees will be deducted from your the payment card indicated on your Damage Deposit Form. You agree and acknowledge that the Late Fees are not intended to be punishment or penalty, but are intended as compensation for us for loss of sales and reputation due to unavailability of Product. Furthermore, our ability to make Product available to rent to other clients depends on the timely return of rented items. Late returns may prevent us from having sufficient time to clean, repair (if necessary), and re-ship the Product to the next client. We would not be able to commit to having Product available to upcoming clients until the items are in our possession and available for preparation for shipment or delivery. For these reasons, you agree that the amounts reflected in calculation of the Late Fees are reasonable compensation to us in the event of a late return. Additionally, if any Products are not returned within 7 days after the designated Return Date, you will be liable to us for Liquidated Damages as provided in the agreement.
Liquidated Damages – The Product shall remain titled to TBC at all times, except as provided in this paragraph. Shipping insurance will be provided for delivery to and from you. We are not able to provide insurance for the loss or theft while the Product is in your custody. Any claims regarding the loss or theft while the Product is in your custody may require filing of police reports and/or other legal affidavits. If the Product is returned to us at any time for any reason other than within 7 days after the Return Date, we will have the right to require payment in the form of the payment card indicated on your Damage Deposit Form. This additional amount will be the remainder of the retail value of the Product as Liquidated Damages. If this right is exercised, we will refuse the return of the item(s), and You will acquire title in such item(s) from Us. You agree and acknowledge that the Liquidated Damages are not intended to be a punishment or penalty, but are intended as compensation for us for loss of sales and reputation due to unavailability of jewelry items.
Damage to Product – You acknowledge that each item you are renting from us is a high value item and you pledge to treat it as if you own it. A minimal amount of wear may occur with a rental use consistent with wearing high quality jewelry to a formal event. If any piece of jewelry is damaged, shows abnormal signs of wear, or is abnormally dirty or encrusted with any foreign substance, we will have the right to charge the payment card indicated on your Damage Deposit Form for the full cost of repairing or cleaning of the jewelry item. You may be liable for additional damage fees, the amount of which is left to our sole discretion based on the extent of the damage or repairs.
Re-stocking Fee - Each product will be carefully and separately packaged when it is delivered to you. You acknowledge that the jewelry must be stored carefully to avoid damage and agree to re-package the products in their respective containers upon return. You agree to pay a Restocking Fee of $40 for failure to return your products in their provided containers.
3. Jewelry Care; Shipping
Jewelry Care – Each piece of jewelry will be thoroughly inspected and cleaned before delivery to you. While in your possession, we expect you to handle the jewelry with the utmost of care. In the event that any piece of jewelry requires special handling or care, such information will be provided to you at the time of the Damage Deposit Form, at which time you will be required to acknowledge your understanding of the provisions.
While in your possession, all risk of the jewelry being lost, stolen, or damaged is yours. You are solely responsible for being aware if any materials in the jewelry cause you or any wearer any kind of skin or other physical reaction. TBC may not be held liable for any injury caused due to any reaction or ailment resulting from wearing any jewelry.
Additionally, while in your possession, you will not transport, ship, or carry the jewelry outside of Canada.
Loss of Stone – TBC acknowledges that the loss of a stone or crystal is possible with costume jewelry. You will not be held liable for the loss of one stone. The loss of more than one stone is however considered excessive; and will be viewed as improper care and therefore, conditions under "damage to jewelry" would apply. If a stone is lost during delivery by shipper, you will be required to contact TBC within 2 hours or accepting your parcel. As our commitment to you, TBC will send a replacement product via overnight service whenever possible.
4. Shipping; Customer Pick Up/Drop Off
Return by Shipper – You shall ship all jewelry back to us on the return date specified in the Rental Agreement. The jewelry must be re-packaged in its TBC jewelry boxes and shipping box. The jewelry boxes will be placed and re-sealed in the shipping box that you received the jewelry in. You will affix the return shipping label provided in the box by TBC. The package shall then be presented to the selected shipper for return shipment. You will not be required to purchase shipping insurance and you shall not discuss or disclose the contents or value of the package with any shipping personnel.
Customer Pick Up – You will pick up your order from the location and on the date indicated in your order and on the website. TBC will not be responsible for orders unfulfilled due to failure to pick up and the order will be processed as a completed lease under this Agreement.
Customer Drop Off – You will return your order to the location indicated in your order and on the website at the time or prior to the time and date indicated. Failure to return the product as described above will result in the application of Late Fees and when applicable, Liquidated Damages as outlined in Section 2.
5. General; Liability
Sales Taxes – Applicable taxes imposed on us in connection with lease of the jewelry shall be added to the Rental Fee and shall be payable by you.
Unavailability – If the Product you have reserved becomes unavailable for any reason, we will contact you to discuss alternative Products. If we cannot agree on an alternative solution, we will refund all fees payable by you, including the Rental Fee. We will have no liability to you in the event an item becomes unavailable, even though you have reserved the item, other than the return of your reservation deposit and any other fees you have paid.
Cancellations – All cancellations must be requested in writing. Cancellations more than 45 days prior to your Event Date will forfeit your Rental Fee only. Cancellations within 45 days of your Event Date will be charged the full Rental Fee only. Any applicable shipping fees will not be charged. Cancellation is not possible after your Products have been shipped or delivered.
Entire Agreement – This agreement is the entire agreement of the parties relating to the rental of jewelry from The Borrowed Collection Jewelry Company.