Terms & Agreements
The following TERMS AND CONDITIONS apply to the rental of any Product.
RENTAL FEE. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, insurance charges and delivery charges listed on the Site for your rental of the Product. When you place your rental order for a Product, you hereby authorize Bashery & Co., LLC to charge your payment card for the Rental Fee. Bashery & Co., LLC will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize BASHERY & CO. LLC to place a hold on your payment card for an amount equal to 200% of the original retail value of the Product (when new) set forth on the Site (“Retail Value”) plus applicable sales taxes; provided that BASHERY & CO. LLC will only charge your payment card for an amount greater than the Rental Fee as described below.
CANCELLATION POLICY. You may cancel your rental order subject to the following cancellation fees and policies:
You can cancel atleast 45 days before your event to receive a full refund. Full payment is required at the time of ordering. If you cancel less than 45 days but more than 30 days in advance of the delivery date, you will not receive any refund, but you will receive a full credit to your Bashery & Co., LLC account for the Rental Fee associated with the cancelled order. This credit can be applied to any future Bashery & Co., LLC rental.
RECEIPT OF THE PRODUCTS. Upon delivery, you bear responsibility for the Product(s). You agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that a Secure Shipping Address is highly recommended. Which means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, Bashery & Co., LLC 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 Bashery & Co., LLC will not be liable. You will be liable for all such delays and additional delivery fees.
USE OF THE PRODUCTS. You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, or other minor damage covered by the insurance you paid for with your rental of the applicable 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 the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
The Client assumes responsibility for all items rented from Bashery & Co., LLC from the time of delivery or pick up to the time the items are returned. This includes the handling racks and boxes that transport the equipment and the packaging materials. Replacement costs for loss or damaged items (including boxes, crates, packing materials, hangers, etc.) will be retained from the damage deposit. Client agrees Bashery & Co., LLC may charge Client’s credit or debit card if already on file. In the event of serious damage, Bashery & Co., LLC reserves the right to repair or replace the damaged item or items in its discretion at Client's sole expense. All collection fees, attorney fees, court costs, or any expense involved in the collections of rental charges will be the Client’s responsibility.
All linens should be free of loose items before returning. Linens that are damaged in any way, including candle wax, ink, mildew or other unusual damage will be considered sold to the rental Client. At that time, replacement cost at an amount equal to the retail cost of the linen will be charged to the Client or retained from their damage deposit.
RETURN OF THE PRODUCTS; EXTENSIONS. You agree to return the Products to Bashery & Co., LLC in the Return Packaging on or before the return date for the Products that are identified in the online invoice for your order. You may extend your order for a Product on the Site by phone to Bashery & Co., LLC; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension.
LATE FEES. If you return the Products late or not at all, a late fee of fifty dollars ($50.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to Bashery & Co. LLCfor every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 200% of the Retail Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within twenty (20) days after the return date for the Product, your late return will be considered a non-return and Bashery & Co. LLC will charge your payment card the maximum late fee.
PAYMENT OF 200% RENTAL VALUE Bashery & Co., LLC will not charge you for more than an amount equal to 200% of the Retail Value plus the Rental Fee, excluding collection costs. If you pay Bashery & Co., LLC an amount equal to 200% of the Retail Value and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you.
LOST RETURN PACKAGING. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing Bashery & Co., LLC with a tracking number.
LIMITED WARRANTIES. The following are the limited warranties Bashery & Co., LLC provides in connection with Product rentals. Bashery & Co., LLC’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by Bashery & Co., LLC.
CORRECT PRODUCTS. We will deliver the Products you ordered, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or is otherwise unavailable. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site.
The Client is responsible for counting and inspecting items upon delivery; otherwise amounts delivered will be considered correct. If you did not receive your contracted rental items or believe the items are not in the appropriate condition, please notify Bashery & Co., LLC within 8 hours after you picked up the items to avoid being charged replacement fees.
HOLD HARMLESS. The Client agrees to and shall indemnify and hold harmless and defend Bashery & Co. LLC, its employees and third-party contractors hired by Bashery & Co., LLC from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney's fees, for injury to or death of any person, or damage to any kind of property, or for any breach of contract arising out of or in connection with this rental agreement and the purposes for which this rental agreement was entered into, including but not limited to property damage, injuries and death due to the act, party contractors hired by Bashery & Co., LLC(2) the Client, its agents and employees; and (3) any invitees, licenses or guests of the Client.
Client shall have possession of the equipment for the purpose and term aforesaid. Client hereby waives and releases any claim for damages against Bashery & Co. LLC, its employees and third-party contractors hired by Bashery & Co., LLC on account thereof.
Client agrees to deposit with Bashery & Co., LLC as a damage deposit for the equipment noted on the Rental Form the sum of __AMOUNT DEPENDS ON RENTAL ITEMS payable as set forth in. Client acknowledges receipt of a copy of the regulations governing the use of Bashery & Co., LLC equipment and agrees to be bound by the terms thereof. Bashery & Co., LLC will return all or a portion of this damage deposit to the Client promptly after Bashery & Co., LLC has had reasonable opportunity to inspect the equipment provided and
deducted any sum for repair or replacement. If no damage deposit is required, Client agrees that Bashery & Co., LLC may charge the customer for any additional fees or damage. Bashery & Co., LLC will supply client with invoice before charging any additional fees.
All equipment is to be returned clear of food matter, candle wax and other items, and in the handling racks in which they were delivered. Failure to do so will result in charges for the extra time and materials used to repackage the items at a rate of $20.00 per hour. Client agrees to pay replacement costs for any missing or damaged items. If items are found missing or damaged at pickup/return, a detailed invoice of the charges will be provided to you. Failure to return items will result in legal action against the Client. The Client will be responsible for any collection costs including: collecting agency fees, attorney fees, court costs, and any other costs incurred in collecting any charges due to Bashery & Co., LLC.