Terms of Service
This Dethorned Collective LLC Terms of Services Agreement ("Agreement") is entered into between Dethorned Collective LLC ("Company") and the customer completing checkout ("Client") and sets forth the terms of Client's and Company's rights, obligations, and liabilities arising from the rental of Company's arrangements and related decorative items ("Rental Items").
For and in consideration of the mutual promises and stipulations contained in this Agreement, Company does hereby rent to Client, and Client does hereby rent from Company, the Rental Items described below, upon the following terms and conditions.
1. Client Information
Client information, including name, contact information, billing address, shipping address, and event details, is collected directly through Company's checkout process. Client represents and warrants that all information provided during checkout is true, accurate, and complete.
2. Rental Information
Rental Items consist of faux floral arrangements and decorative items selected by Client at checkout.
Scheduled Event Date: The event date selected during checkout.
Estimated Delivery Date: Up to five (5) days prior to the event date.
Required Return Date: One (1) day following the event date. If the required return date falls on a day of a nationwide FedEx closure, the return deadline is extended to the next day FedEx is open for drop-off.
Total Rental Price: The total amount shown at checkout.
3. Payment
Client agrees to pay the full amount shown at checkout. All payments are due in full at the time of checkout. Company is not responsible for Client's lack of sufficient funds at the time payment is submitted. Except as expressly stated in this Agreement, all payments are non-refundable.
4. Rental Period
Rental Items may arrive up to five (5) days prior to the scheduled event date. All Rental Items must be shipped back no later than one (1) day following the event date using the Company-provided return shipping label. If the required return date falls on a day of a nationwide FedEx closure, the return deadline is extended to the next day FedEx is open for drop-off. Time is of the essence with respect to the return of all Rental Items.
5. Shipping
All Rental Items are shipped. In-person pickup is not available. Company ships only to physical street addresses within the forty-eight (48) contiguous United States. Shipments to Alaska, Hawaii, U.S. territories, P.O. boxes, and APO/FPO/DPO addresses are not available. Client is responsible for providing a valid physical shipping address at checkout; orders submitted with an ineligible address may be cancelled by Company without liability. Client is responsible for all outbound shipping costs to the shipping destination provided at checkout. Return shipping is included in the rental cost and must be completed using the Company's provided return shipping label. Failure to use the Company's return label shall not relieve Client of responsibility for loss or damage.
6. Use of Rental Items
Client agrees that Rental Items may only be used for their intended decorative purpose. Client shall not dismantle, alter, modify, cut, reassemble, or otherwise tamper with any Rental Item. Client shall not expose Rental Items to fire, excessive water, outdoor weather conditions not reasonably contemplated, or any other condition likely to cause irreparable damage.
Client is responsible for the supervision, care, and control of all Rental Items while in Client's possession.
7. Condition of Rental Items
Client acknowledges that the Rental Items are received in good condition and agrees to return all Rental Items in the same condition as received, ordinary wear and tear excepted, free from damage, stains, burns, tears, disassembly, or missing components, and returned in their original packaging.
8. Risk of Loss
Risk of loss or damage to the Rental Items shall transfer to Client upon delivery to the shipping address provided by Client. Risk of loss shall transfer back to Company once the return shipment is received by the carrier using the Company's return shipping label.
9. Damaged or Unsalvageable Items
Client agrees to be fully responsible for any and all damage to the Rental Items. If any Rental Item is returned with burns, tears, stains, disassembly, or any condition deemed unsalvageable in Company's reasonable discretion, Client agrees to pay a damage charge equal to eighty-five percent (85%) of the rental cost for the affected item.
10. Non-Return of Rental Items
If any Rental Item is not returned within five (5) days following the required return date, Client agrees to pay a non-return charge equal to one hundred fifty percent (150%) of the rental cost for the affected item, which includes administrative fees. Client acknowledges that failure to return Rental Items may result in Company pursuing all available legal remedies.
11. Late Returns
Client agrees that a late fee of Forty-Five Dollars ($45.00) per day shall be charged for each day the full order is not returned past the required return date.
12. Cancellations
Client may cancel an order free of charge up to ninety (90) days prior to the scheduled event date. Any cancellation made within ninety (90) days of the event date shall be non-refundable.
13. Order Changes
Additions or upgrades to an existing order are not permitted. Any additional Rental Items must be placed as a new and separate order.
14. No Warranties
Company makes no warranty or representation, either express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose. All Rental Items are provided "as is," and all risks associated with their use are borne solely by Client.
15. Indemnification
Client assumes all risks and liability for damage to property or injury arising from Client's possession, use, or return of the Rental Items. Client shall indemnify, defend, and hold Company harmless from any and all claims, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorney's fees, arising out of or related to Client's rental, use, handling, or failure to timely return the Rental Items, whether or not caused in whole or in part by the negligence of Company.
The indemnities and obligations set forth herein shall survive the expiration or termination of this Agreement.
16. Agreement Survives Partial Invalidity
If any provision of this Agreement or the application thereof to any party or circumstance is held invalid or unenforceable, the remainder of this Agreement shall remain valid and in full force and effect.
17. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts-of-law principles.
18. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, or agreements, whether written or oral.
19. Acknowledgment and Acceptance
By submitting payment and completing checkout, Client acknowledges that Client has been given adequate time to read and review this Agreement, has thoroughly read and understands its terms, and agrees to be bound by this Agreement willingly and without duress.