These Terms and Conditions govern your use of the Covetella website (the "Site") and all Covetella services (the "Service"). By joining our email list, you acknowledge and represent that you have read and understand these Terms and Conditions and that they become a binding agreement ("Agreement") between you and Covetella, you agree to receive all communications from Covetella under this Agreement electronically via email, you agree to keep your current email address updated under Profile on the Site at all times and you agree that you will be deemed to have received any notice we send to that email address. By visiting or browsing the Site, you accept these Terms and Conditions and any modifications made to them from time to time.
2. Modifications to Terms and Conditions
Covetella ("we," "us," and "our") reserves the right, to change or terminate this Agreement. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms and Conditions. If you do not agree to any changes in the Terms and Conditions as they may occur, please arrange to terminate your account (a) by notifying Covetella of your unwillingness to accept the changes to the Terms and Conditions by emailing firstname.lastname@example.org; and (b) by immediately returning all outstanding items and discontinuing your use of the Service and the Site.
3. The Covetella Service
The Service allows registered members to access the Site and purchase or borrow products from Covetella in accordance with these Terms and Conditions. Members also agree to comply with any terms, conditions, or policies that Covetella may provide to users from time to time on the site. The member can choose products to borrow from our expansive on-line selection, and have them shipped to the member's address. All of this with no limits on the number of times a member can borrow. However, we reserve the right to ask for a deposit and/or limit the number of items that a member may borrow at any time and/or to require the return of any or all borrowed items in your possession in the event you fail to make required payments on time or in the event other factors arise which, in our sole discretion, increase the risk of non-timely payment by you. The current borrowing rates are outlined in detail on the Site. Also, the current shipping policies governing the delivery and return of products are detailed on the Site. Delivery time for products you have selected to borrow may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, Covetella makes no guarantees as to actual delivery time. The borrowing period begins when the item has been received. The risk of loss for items shipped passes to you upon our delivery to the carrier. If you are unable to locate a confirmed delivery, you are required to contact Covetella immediately to place a tracer investigation and to temporarily suspend the borrowing period. All tracers take 8-12 business days to complete and until the results of the investigation are received, we are not able to proceed with the resolution of a lost item.
Members may be charged for the repair of tears, holes, or rips to a rental item. If you return an item with excessive or abusive damage exceeding normal wear and tear, as determined by Covetella in its sole discretion, you agree that Covetella may charge your credit card and collect a replacement fee for such an item. The item replacement fee varies depending on the specifics of each dress or other item and is disclosed to you at the time of borrowing. Also this does not cover the theft or loss of an item and therefore you will be responsible for the full retail price of the time immediately. Rental fees will continue to accrue until the payment is received in full. Also Covetella reserves the right to close your account at any time if we notice multiple cases of excessive damage or abuse to the items you have rented.
4. Becoming a Member and Obtaining an Account
Before you can begin use of the Service, you must register through the Site to obtain an account. By registering as a member through the Site you give us permission to obtain credit information from consumer credit-reporting agencies. Typically this is done when requesting a "Credit Check Required" item HOWEVER we reserve the right to perform this at any time you request a rental item. You must be 18 years of age or older to register as a member and use the Service. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse to offer you any and all current or future use of the Service and the Site. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately. In order to provide you with ease of access to your Account, we may place a cookie (a small text file) on the computers from which you access the Site. When you revisit the Site, this cookie will enable us to recognize you as the Account holder and allow you to more easily access your Account.
5. Gift Cards
We offer Gift Cards that can vary in amount and be applied toward any Covetella service or item. In purchasing a Gift Card, you authorize us to charge your credit card. Gift Cards are subject to the additional terms and conditions set forth on the "Gift Subscriptions" page.
When you join as a member you will be required to provide Covetella with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By signing up for the Service, you authorize Covetella or its agent to bill your credit card for the applicable per-item or borrowing fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. Other fees will be charged to your credit card as you incur them.
If Covetella does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services and you authorize Covetella to charge outstanding fees and other amounts due us against any credit card you have on file with us. Covetella reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. Covetella reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
We may modify the price, content, or nature of the Service at any time. Upon users becoming a member, that membership continues indefinitely until terminated. Covetella or the member can terminate at any time at their discretion. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site.
We reserve the right to determine whether your credit card(s) is/are pre-authorized to accept a minimum charge equal to each dress and/or accessory rental or purchase. In the event we feel the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding items and/or that you provide a second valid credit card before continuing to use the Service.
Once the order has gone through and shipped, only the actual amount of the order and any applicable taxes/fees will be charged. In the event an order is canceled, the funds authorized are released by Covetella and are then subject to the rules of your financial institution, in determining the time that you will have the funds back.
Covetella will also accept Rental exchanges only. Our stylists will work with the customer to find a replacement item for the original rental gown. An item may be returned earlier than renewal date, but if it is returned later than the 4 or 8 day rental period, the customer will be responsible for shipping and may be liable for a 10% charge each day the gown is late up to 200% of the retail value of the item ordered. This fee shall be in addition to the rental fee for the item.
An order may be cancelled within 48 hours of the time it is placed. If a customer requests an order cancellation within 48 hours of the order time, Covetella will refund the order in full. If a customer requests a cancellation 48 hours after the order date, then the customer will be given a "Credit" equivalent of the amount of the existing rental. The "Credit" will be available for 6 month from the date of cancellation.
9. Actual Damages, Liquidated Damages, Attorneys' Fees and Costs
Actual Damages- In the case of a failure to pay any debts or to return any item(s) when due to Covetella (hereinafter, a "default"), you will be liable to Covetella for its ACTUAL DAMAGES, including but not limited to the then-current rental payment for each item until said item is received by Covetella in an undamaged condition. If said item has not been returned in an undamaged condition before the expiration of 90 days after the date of default, then Covetella at its option may alternatively charge you the retail value of the item as maintained by Covetella for that item, plus 90 days rent from the date of default, or seek to recover the wrongfully-retained item plus all rent owed to the date of recovery of the undamaged item. If suit is filed, Covetella may assert these measures of damage simultaneously. If an item is not recovered, or if it is recovered in a damaged condition, then Covetella will charge you the retail vaule as maintained by Covetella for said item, plus 90 days rent from the date of default.
Liquidated Damages- Covetella spends significant internal resources on its efforts to reduce and recover losses flowing from customer non-payments, from the theft and/or wrongful retention of its products, and from other improper, negligent or fraudulent acts. Because the amount of these internal losses are extremely difficult to calculate, you agree that Covetella is also entitled to collect LIQUIDATED DAMAGES-IN ADDITION TO ITS ACTUAL DAMAGES-if Covetella commences collection or legal action to recover any amounts due from you, and/or to recover property wrongfully retained by you. In all cases, the LIQUIDATED DAMAGES will consist of a $500 per-item charge for each item that remains unpaid and/or unreturned at the time that Covetella commences collection or legal action, which sum is intended to compensate for the expenditure of Covetella's internal resources as a result of your breach of contract, fraud or other wrongful or negligent acts. In cases where Covetella has been unsuccessful in recovering its merchandise in an undamaged condition prior to the entry of a judgment against you, then Covetella's LIQUIDATED DAMAGES will also include an additional 90-day rental charge to cover the period from day 91 through day 180 following your default. This second, 90-day rental period is intended to provide a reasonable estimate of Covetella's additional lost rental income caused by your wrongful retention of Covetella's property. It will be charged to you at the same rate as was actually charged for the first 90-day default rental period. You understand and agree that the LIQUIDATED DAMAGES of (i) $500 per item plus (ii) the second, 90-day rental period for items that are not recovered in an undamaged condition, are not a penalty, but instead are reasonable and necessary estimates of the sums needed to compensate Covetella for the loss of its internal resources and for the loss of its future rental income.
Attorneys' Fees, Costs and Interest- If Covetella commences litigation to recover its property from you, to recover ACTUAL DAMAGES, and/or to recover LIQUIDATED DAMAGES; you agree that the substantially prevailing party will be entitled to recover its reasonable attorneys' fees and expenses of litigation. You further agree that Covetella will be entitled to recover prejudgment interest on its ACTUAL DAMAGES and it's LIQUIDATED DAMAGES from the date of default to the date of judgment entry at the rate of 12% per annum.
Reservation of Rights- Covetella expressly reserves its right to seek additional elements of actual damages other than those expressly identified above.
The Site may allow you and other third parties to post reviews or comments concerning the Service or the products we distribute. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of Covetella, or its shareholders, directors, officers, or employees. Covetella may review and delete any content, in whole or in part, that in the sole judgment of Covetella violate these Terms and Conditions or which might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Covetella, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service or the Site.
We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings on message boards on the Site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and the Service. Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by Covetella will not infringe on or violate the rights of any third party.
Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
12. Use Restrictions
You will not use the Site or Service to:
(a) Upload, post, email, or otherwise transmit any Submission that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(d) Upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) Upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
(f) Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;
(g) Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(i) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
(j) "Stalk" or otherwise harass another;
(k) Write comments that in any way refer to persons under 18 years of age;
(l) Collect or store personal data about other users.
13. Access Limits
Unless otherwise specified, the content on the Site is for your personal and non-commercial use; Covetella grants you a limited license to access the Site solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Service, or any information contained on, or obtained from, the Site without the express written consent of Covetella. Any and all unauthorized uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not:
(a) Use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts).
(b) Frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
14. Disclaimers of Warranties; Limitations on Liability
The Service (including the products provided under the Service or purchased through the Site), and the Site and its contents, are provided "as is"; Covetella makes no representations or warranties of any kind with respect to the Service, gift cards, products provided with or sold by the Service, the Site, or any contents therein. Covetella assumes no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site, any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the Site, any losses or damages arising from the use of the content provided on the Site, goods or services provided by Covetella, or any conduct by users of the Site. Covetella reserves the right to refuse to ship products in its sole discretion. Covetella EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. In addition, Covetella does not represent or warrant that the information on or accessible via the Site or through the Service is complete or current.
You agree to indemnify and hold Covetella, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions.
16. Intellectual Property
Covetella is a trademark of Covetella. All Covetella graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Covetella. Any trademarks not owned by Covetella that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Covetella. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Covetella, its licensors, or its product suppliers, and is protected by Singapore and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
You agree that we, in our sole discretion, may terminate your password, Account, or use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information and Submissions made from your Account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.
18. Links and Advertising
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. Covetella IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.
19. Service Tests
Covetella tests aspects of its Service from time to time. Covetella reserves the right to include you in such tests without notice.
20. Governing Law, Jurisdiction, Venue and Arbitration
These Terms and Conditions are governed in all respects by the laws Singapore. BY ACCEPTING THIS AGREEMENT AND USING THE SERVICE, YOU ACCEPT AND CONSENT TO THE JURISDICTION AND VENUE OF THE COURTS OF SINGAPORE, FOR ANY COURT ACTION OR PROCEEDING DEEMED NECESSARY BY COVETELLA TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT COVETELLA FROM THEFT OR FRAUD. AT COVETELLA’S SOLE OPTION, COVETELLA MAY ALSO COMMENCE ANY COURT ACTION OR PROCEEDING TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT COVETELLA FROM THEFT OR FRAUD, IN THE COURTS IN THE JURISDICTION WHERE YOU RESIDE, OR IN THE JURISDICTION WHERE THE PROPERTY IS LOCATED.
Any other controversy or claim arising out of or relating to these Terms and Conditions, the Service, the Products, or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Singapore, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Singapore law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
21. Claims of Copyright Infringement
It is our policy to respect the intellectual property rights of others. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Site, or know of someone who is making unauthorized use of the content of the Site, please contact our registered agent for notice of copyright infringement.22. Taxes
All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.23. General
Covetella's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Service, you consent to receiving electronic communications from Covetella. These communications will include notices about your Account (e.g., shipping and receiving emails and other transactional information) and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Covetella is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms and Conditions comprise the entire agreement between you and Covetella and supersede all prior agreements between the parties regarding the subject matter contained herein.