WigCupid Customer Rental Policy
These terms and conditions (the "Agreement") are a legal agreement between you ("You" or "Your") and BOOMER WORLD LLC dba WigCupid, with corporate offices at 353 West 48th St. New York, 10036 ("WigCupid," "we," "us," or "our"), establishing terms and conditions under which You will submit information to, and rent wigs and accessories (each a "Product" and collectively, "Products") and receive related services ("Services") from, WigCupid via our website at www.wigcupid.com (the "Website").
1. General; Rental Not Purchase; Adult Agreement Required.
2. Rental Fees; Payment Card Authorizations; Cancellations.
The rental fee ("Rental Fee") for the Products will be the rental fee and delivery charges (if international) listed on the Website in connection with Your rental of the Products. Upon Your order for a Product, You hereby authorize us to charge Your payment card for the Rental Fee. We will charge Your payment card the amount of the Rental Fee immediately upon Your rental order. A reservation of a Product on our Website 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 order of a Product, You hereby authorize WigCupid to charge Your payment card for an amount equal to the entire original retail value of that Product (when new) set forth on the Website, ("Retail Value") plus applicable sales taxes; provided that we will only charge Your payment card for an amount greater than the Rental Fee in the circumstances set forth in Section 4 below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by WigCupid, shall be paid by You to WigCupid in connection with Your order for the rental.
3. Our Commitments to You.
- Delivery to You. We will deliver the Products You ordered, including the specified size, color and design, on or before the date for which You ordered them, except to the extent we informed You in connection with Your order that the specific Product was not guaranteed. Products may appear different in color and style than the photos displayed on our Website. Our liability to You for failure to do deliver the Product as ordered is limited to the timely delivery of Product as ordered or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by us. See Section 5(b) below.
- Delivery; Clean and Ready to Wear. All deliveries will be through WigCupid’s shipping partners, which may change from time to time at the Company's discretion. The shipping method used will be at the discretion of WigCupid. The Products will be professionally cleaned and delivered ready to wear. We freeze, wash and inspect each product with the utmost care, but use of the product is at your own risk and WigCupid shall not be held liable for any health-related complaints associated with a product rented from our site.
- Return Packaging. With delivery of the Product, we will provide You with a pre-paid label and polymailer as well as instructions for Your use in returning the Products to WigCupid ("Return Packaging").
- Services. On our Website, we offer various Services to assist You in selecting a Product. Our Services are provided "AS IS" without guarantee as to results.
4. Your Commitments to Us; Payment of Rental Fee; Fees for Late Returns.
- Receipt of the Products. Upon delivery, You bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, WigCupid 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 WigCupid is not to be held liable, but You will be held liable.
- 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 stretching, loose hair strands and minor hair tangling. 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.
- Return of the Products; Extensions. You agree to return the Products to WigCupid in the Return Packaging on the return date for the Products that is identified in the online invoice for Your order. You must return the Product by delivering the Product in the Return Packaging to a USPS store located in the United States by 12 p.m. on or before the date that the Product is due.
- 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 WigCupid will charge Your payment card the full Retail Value of the Product plus applicable sales tax.
- 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 WigCupid with a tracking number.
- Payment of Retail Value. We will not charge You for more than an amount equal to the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 4, excluding collection costs. If You pay us an amount equal to 100% of the Retail Value under this Section 4 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 pursuant to this Section 4.
- Collections. 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.
- Removal. We reserve the right to terminate your right to rent Products from us at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
- Email. We will use the preferences and orders You provide on our Website to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by emailing email@example.com or following the links provided at the bottom of those e-mails when available.
5. Details on Our Commitment to You.
- Limited Warranty. The limited warranties set forth in Section 3 apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in Section 3. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in Section 4 of this Agreement.
- Remedies. Your sole and exclusive remedy and WigCupid's sole and exclusive liability for a breach of WigCupid's limited warranty shall be, at WigCupid's option, WigCupid's use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Rental Fee (excluding insurance and delivery charges).
- Disclaimers. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.
6. Limitation of Liability.
- No Indirect Damages. IN NO EVENT SHALL WIGCUPID (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WIGCUPID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- Limited Direct Damages. WIGCUPID'S (AND ITS SUPPLIERS' AND LICENSORS') AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, THE PRODUCTS AND/OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.
- Use of Results at Your Risk. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.