Terms of Use.
January 20, 2024
ABOUT THESE TERMS
Welcome to AVEIL! These Terms of Service ("TOS") govern your use of the Service (defined below) and the website located at aveil.com (and any successor site thereto) (the “Site”), and related services, including AVEIL’s product rental. By using the Site or Service, you are stating that you have read and understand, and agree to be bound by, these TOS. The Site offers a wide range of services and sometimes additional terms (“Additional Terms”) may apply to your use thereof. If you do not agree to be bound by these TOS, you may not use the Service or Site in any way. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
LICENSE AND SITE ACCESS
AVEIL grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting 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; any action that imposes or may impose (in AVEIL’s sole discretion) an unreasonable or disproportionately large load on AVEIL’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by AVEIL to prevent or restrict access to the Site or Service. Any unauthorized use by you shall terminate the permission or license granted to you by AVEIL. We reserve the right to limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional Terms.
CHANGES
We encourage you to check our Site periodically for the most current Service offerings. Similarly, we may update the Content, including descriptions and specifications about Products or Services, and we reserve the right to remove any Content (as described below) at any time, for any reason (including, but not limited to, if someone alleges you contributed Content in violation of these Terms), in our sole discretion, and without notice. AVEIL will have no liability for any change in the Services, or any suspension or termination of your access to Services.
DESCRIPTION OF PRODUCTS AND SERVICES
In the Site, AVEIL provides users with access to rent bridal and bridal adjacent luxury accessories items online and related services ("the Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
AVEIL does everything possible to guarantee that Item photography on the Site or in its Showroom is accurate and representative of the Item, however the color and fit of an Item may slightly differ than how it is captured in a photograph. AVEIL is not responsible for any refunds or credit to User’s account should User consider an Item to look different in person than it does on the Site. We may, in our sole discretion, provide listings, descriptions, or images of Products that are available on the Services, as well as references and links to Products, but we do not warrant that the Product listings, descriptions, or images are accurate, complete, reliable, current, or error-free, or that any Products will be available, even if noted as so on our Services. Such information and the availability of any Product are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer (including a smart phone or similar device) will accurately display such colors. The prices displayed for Products and Services are quoted in U.S. dollars, unless otherwise indicated. Prices and availability for Products on our Reserve Service are not confirmed until the applicable Products are shipped; if the actual price of such a Product is higher than our stated price, or if the Product is no longer available, we will contact you for instructions before shipping or cancel your order and notify you of such cancellation. The availability through the Services of any listing, description, or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product.
COST OF SERVICES
SAVEIL may charge you to access and use certain parts of the Services (the “Paid Services”). We reserve the right to modify or waive fees required to use certain parts of the Services. You are solely responsible for: (i) the fee for any Paid Services that you order and that are not cancelled in accordance with our cancellation policy, (ii) the price of any Products that are not returned in accordance with our policies, and (iii) any late fees accrued by you due to late or lost items. Please note that any pricing, fees, and payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
SALES
If you purchase a Product through the Services, the purchase price for such Product (“Purchase Price”) will be equal to the purchase fee and delivery charges listed on the Service for the applicable Product at the time of purchase. AVEIL, at its discretion and without notice, reserves the right to alter the price of a Product, the amount or availability of any discount, or the availability of any particular item. You hereby authorize us (or our third-party payment processor) to charge your Payment Method (as defined below) for the Purchase Price when you purchase Products. We will charge your Payment Method the amount of the Purchase Price immediately upon your purchase order. We do not make, and expressly disclaim, any warranties of any kind with respect to any Product that you purchase, and such Product is provided on an “AS IS” basis.
RENT
User accepts that all Items User rents from AVEIL remains the property of AVEIL. Each Item shall be available for use by Use for one (1) “Rental Period”, which these Terms define as a period of five (5) to ten (10) days, with the first day being the delivery date and the last day being the return date or date of collection for the item.
RENTAL FEES
If you rent a Product through our Rental Service, the rental fee (“Rental Fee”) will include rental coverage charges and delivery charges (as applicable). The total value on the invoice User receives for each order of an Item will be composed of the Rental Price, plus taxes, damage waiver charges, and delivery charges for the order. When User places a rental order on the Site, User hereby authorizes AVEILto charge the credit or debit card provided by User during and for the transaction. If an Item is reserved in advance, AVEIL will charge a fee to User’s credit or debit card at the time that the Item is reserved, and User hereby authorizes AVEIL to pre-charge User’s credit or debit card for a total amount that is additional to the Rental Price of the Item(s), but no higher than the retail value of the Item(s). The Rental Price of an Item as listed on the Site does not include federal, state and local taxes, or customs and duties fees, all of which shall be paid by User as part of the order. AVEIL reserves the right to alter the Rental Fee or availability of any particular item at its discretion and without notice. AVEILwill immediately adjust the displayed Rental Price on the Site should any discrepancy be detected.
AVAILABILITY
Subject to availability for the date(s) requested, AVEIL will deliver each Item ordered by User. In the event that an Item becomes unavailable between the time that the order is placed and the beginning of the Rental Period, AVEIL will use reasonable efforts to notify User that the Item is unavailable and take the proper action to resolve the issue.
CANCELLATIONS
User has the right to cancel its/his/her order subject to the following cancellation fees and policies:
User may receive a full refund, minus insurance and processing fees, if order is cancelled more than sixty (60) days prior to the rental period. If order is cancelled less than sixty (60) days, but more than thirty (30) days in advance of the Rental Period, client will be refunded 50% of the total rental, with the exception of insurance and processing fees. Last, if a User must cancel after the thirty (30) day mark, they will not be eligible for a refund, but may request a site credit for the total amount of their canceled order, minus insurance and processing fees.
CLEANING AND SANITIZATION
AVEIL is responsible for the dry cleaning and sanitization of each Item after every use. AVEIL shall not be held liable for any health issues or complaints for treatments that have resulted from the care of an item or from its fabric composition, and User hereby expressly waives any such claims related thereto.
USE OF THE PRODUCTS
You agree to treat the Products with great care. AVEIL takes impeccable care of its Items and trusts that User will do the same. The rental coverage provided by us covers normal wear and tear, but you are responsible for any loss, destruction, or damage to the Products for any reason, including due to theft, loss, mysterious disappearance, fire, major stains, or any other cause. “Normal wear and tear” means minor stains, rips, missing beads, stuck zippers, or other minor damage that is covered by the rental coverage. You agree to treat the Products with great care and If you return a Product that is damaged beyond what AVEIL considers normal wear and tear, then you hereby authorize us (or our third-party payment processor) to charge your Payment Method for the price for repairing or replacing the Product, as determined in our discretion, up to the full Retail Value for the Product.
DELIVERY
You must provide us with accurate shipping information, so that we can timely deliver Products to you. You are responsible for providing us with accurate shipping information for deliveries and for keeping the shipping information up-to-date. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Products. Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of each Product until you return such Product (including while they are in transit). We reserve the right to reject, cancel, or prohibit any rentals or sales of Products for any reason. Should there be any delays with the delivery of an Item or should AVEIL’s delivery services be unable to complete delivery for the planned date or time, AVEIL will use all reasonable efforts to notify User. AVEIL is not responsible for delays or failed deliveries due to Events Outside Our Control, as further defined.
RETURNING THE ITEM(S)
Users will be responsible for ensuring the return of the item(s). If the item is being returned via shipment, the shipment needs to be processed by 1pm on the last day of the rental. If the return is made in person, the item needs to be received by 5pm on the last day of the rental period. If not, the User will be charged a $100 late fee per day.
LATE FEES
If you do not return one or more Products (other than Products that you purchase/rent) by the Product Return Date (see the “Returns, Extensions, Shipping, and Lost Items” section below), you hereby authorize us (or our third-party payment processor) to charge your Payment Method non-refundable late fees for the days that we do not receive every Product that comprises such order, up to the full retail value of the Products not returned to us (for each Product, the “Retail Value”) plus applicable sales tax.
If you are charged by AVEIL, and pay the full Retail Value (for Reserve Orders) of a Product pursuant to this “Late Fees” section and as described in the corresponding FAQ Section(s), you are permitted to retain the Product; however, we do not make, and expressly disclaim, any warranties of any kind with respect to the Product, and the Product is provided to you on an “AS IS” basis. For the avoidance of doubt, this “Late Fees” section shall not apply to the Rental Fee, or fees paid or payable by you for the non-return of Return Packaging (as defined below), each of which will be charged separately from, and in addition to, any late fees. Payment of any late fees does not excuse your breach of these Terms.
PAYMENT POLICY
AVEIL accepts all major credit and debit cards for all transactions. When you place a rental order for a Product, you hereby authorize AVEIL to charge your payment card or other payment instrument (“Payment Method”) for the Rental/Service Fee. You must ensure that at all times your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to AVEIL and notifying AVEIL of any changes to such information. AVEIL will charge your Payment Method the full amount of the Rental or Service Fee immediately upon your rental order. A reservation of a Product through the Services 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 AVEIL to charge your Payment Method for an amount up to the Retail Value of the Product set forth on the applicable Service plus applicable sales taxes; provided that AVEIL will only charge your Payment Method for an amount that is greater than the Rental Fee as described below and in the Cost of Services section above. Rental Fees exclude all federal, state, and local taxes, goods and service tax, fees, customs, duties, levies, and other governmental assessments, all of which shall be paid by you directly or, if paid by SAVEIL shall be paid by you to AVEILin connection with your rental order.
We use a third-party payment processor (the “Payment Processor”) to bill you for any Paid Services through a payment account linked to your account (your “Billing Account”). By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen Payment Method. You agree to make payment using that selected Payment Method, but if the Payment Processor is not able to charge your preferred Payment Method, you authorize us to use any Payment Method stored on record for your Billing Account. We reserve the right to suspend or cancel a rental order or terminate your access to the Services in the event that we are unable to successfully charge the provided Payment Method. We are not responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes that we or the Payment Processor make(s) even if we have or our Payment Processor has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts owed.
USER CONTENT
Any content that User submits to the Site, or shares on or with any of AVEIL’s social media accounts (“Company Social Media”), or that User submits to its/his/her social media accounts and therein references AVEIL with tags or hashtags (or otherwise), may be used, adapted, reproduced, sub-licensed and distributed worldwide by AVEIL at any time. User acknowledges and agrees that AVEIL shall not be responsible or liable, directly or indirectly, for any content created by Users or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content published on Company Social Media or on any other website.
DISCLAIMER
User’s use of the Site is at its/his/her sole risk. The Site is provided on an “as is” and “as available” basis. AVEIL does not warrant that: (a) the Site will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Site is free of viruses or other harmful components; or (d) the results of using the Site will meet User’s satisfaction.
LIMITATION OF LIABILITY
You expressly understand and agree that AVEIL and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AVEIL has been advised of the possibility of such damages), resulting from use of the site, content or any related services.
GENERAL AGREEMENT
Unless otherwise specified herein, these Terms constitute the sole and entire agreement between User and AVEIL with respect to the Site and the Services and supersede all prior or contemporaneous understandings, agreements, representations, communications and proposals, whether electronic, oral or written, between the User and AVEIL with respect to the Site and the Services. AVEIL’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. A printed version of these Terms and any notice given in electronic form related hereto shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These terms and conditions of sale are subject at all times to AVEIL’s Terms of Service.
HOW TO CONTACT US
If you have any questions or comments about these TOS or this Site, please contact us by email at hello@aveil.com