TERMS AND CONDITIONS
I. Accepting these Terms and Conditions
These terms and conditions ( “Terms & Conditions” ) constitute a legal agreement (this “Agreement” ) between you ( "User" , "You," or "Your" ) and Trejours, [LLC] (the "Company" , “Trejours,” "we" , "us" , or "our" ), and governs Your access to and use of our website located at www.trejours.com , and any successor site thereto (the “Website” or the “Platform” ), and our services, including Trejours’ rental ( “Rental” ) of fine jewelry (each, a “Product” ) (together with the Website and the Content (as defined below), the “Services” ).
- Please review these Terms & Conditions carefully
By accessing or using any of the Services, including by creating a User Account (as defined below), You acknowledge that You have read, understood, and agreed to be bound by these Terms & Conditions and You represent that you are an individual of legal age to form a binding contract. Under no circumstances may you access or use the Services if you are under eighteen years of age. These Terms incorporate by reference any additional terms and conditions posted by Trejours on the Website or otherwise made available to You by Trejours (the “Additional Terms” ), and You understand and agree that by accessing or using any of our Services, You agree to also comply with all Additional Terms.
This Agreement constitutes a legally binding contract between You and Trejours. No other terms or conditions shall have any force or effect on this Agreement or the parties thereto. You acknowledge and agree that You are renting the Products and that the title and ownership thereto remain with their respective legal owners at all times.
- Creating a User Account
BEFORE YOU CAN BEGIN USE OF THE SERVICES, YOU MUST REGISTER THROUGH THE WEBSITE AND OBTAIN A USER ACCOUNT. BY CLICKING ON THE "I ACCEPT" BUTTON, REGISTERING A USER ACCOUNT ON THE WEBSITE, OR BY RESERVING, OFFERING, AND/OR ORDERING ANY PRODUCT LISTED ON THE PLATFORM, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS & CONDITIONS, CLICK THE "I DO NOT ACCEPT" BUTTON AND YOU WILL NOT BE PERMITTED TO RENT PRODUCTS FROM THE PLATFORM.
- Number of Products
We reserve the right to determine the allowed number of Products that may be rented at the same time. For security reasons, the current number of Products that can be rented for a set one week period of time, is limited to three (3). You cannot receive new jewelry Rentals before returning any outstanding Rentals first.
WE RESERVE THE RIGHT TO UPDATE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME AS WE DEEM APPROPRIATE AND ANY SUCH UPDATE OR CHANGE SHALL BE IN FULL FORCE AND EFFECT FROM THE MOMENT IT IS REFLECTED ON THE WEBSITE. In addition, we may, at any time and without liability, suspend, modify, or discontinue all or part of the Services (including access to the Website via any third-party links). We encourage you to check our Website periodically for the most current Service offerings. Similarly, we may update the Content, including descriptions and specifications about Products, 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 & Conditions), in our sole discretion, and without notice. Trejours will have no liability for any change in the Services, or any suspension or termination of your access to Services.
- Credit Inquiry
Trejours reserves the right in its sole discretion to perform a direct credit inquiry of Your credit report in connection with any Rental order. This additional security measure applies but is not limited to the following criteria:
- If any of your preliminary verification information does not match the information you submitted.
- If the total market value of the products rented is greater than $1,300.
This credit inquiry shall be done via a third party credit bureau Transunion. If you have any questions about such inquiry, You can reach Transunion customer service at (855) 681-3196.
- Charges to Your Account
You authorize Trejours to charge Your credit card in accordance with the provisions stipulated herein. Ensuring that the credit card details associated with Your User Account are accurate at all times is Your responsibility, and in no event will Trejours be held liable if a Product cannot be delivered due to incorrect or out-of-date credit card information.
- Approval/Rejection of Rental Services and Fees
Due to the nature of the services that we provide we reserve the right to reject jewelry rental services to individuals, who do not meet the minimum merit of good credit qualifications and/or do not pass background and identity verification.
Opening a fraudulent user account by using fictitious information or using another person's identity information is a crime. We reserve the right to report instances of fraudulent accounts to the proper authorities. A new user account may be flagged as a Fraud Risk if it contains a pending order that meets the following criteria: order shipping date is within the next (7) days, user cannot pass background verification check, additional background information is requested, and that additional information does not check out.
If a new user account is flagged as a Fraud Risk, and that account has a pending jewelry rental order within a period of (7) days or less of placing the order, we reserve the right to cancel the pending order and charge an Order Cancellation fee in the full amount of the rental fee.
A new user account that does not meet the minimum requirements of good credit will be denied jewelry services. If there is a pending order for that user, the order will be cancelled. Since each rental item is unique, reserving it and cancelling the reservation within a week time of rental period eliminates the item's availability to be rented by other customers. Therefore an Order Cancellation fee of $50 will be charged. The remaining amount will be credited back to the original payment method used to reserve that order.
II. USERS RENTING PRODUCTS
- Event Date
The date submitted in Your order should be considered the day of delivery. It is your responsibility to make sure that you have enough time in advance for an event where You will use the Product(s) rented. We suggest that you set shipping date to receive the product so that it is at least two days before your Event Date. We are not liable for any damages that you may incur if you do not receive the Products on time for an event. Because of shipping times and limited weekend delivery options, all Product(s) will be shipped to arrive during the business week (Monday-Friday)
Late shipments from Vendors: in the event that a vendor's jewelry rental item is running late from a previous order, or if the jewelry item has been damaged and is in need of repair, a customer shall be offered a substitute jewelry similar in style, OR the jewelry shipping date shall be moved forward an additional one to two days, if that works for the customer. If the order arrival date is extended, the return date shall be extended as well by at least the same amount of time as the delay.
Jewelry Item sold or otherwise unavailable by Vendor: in the event the vendor has sold the jewelry before the rental period begins and has not updated their inventory records, the vendor can offer a substitute similar in style of at least the same or better grade/brand. If the customer cannot find a satisfactory substitute, Trejours will refund the customer's order in full.
- Payment and Applicable Fees
We reserve the right to determine whether your credit card(s) is/are pre- authorized to accept a minimum charge equal to up to 25% of the value of each Product being rented. In the event we determine 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.
- Rental Fees:
An amount equal to the total rental price of the Product(s) will be charged to your credit card account at the time you submit your online reservation. Note that in case of order cancellation, a minimum of 25% of this payment is non-refundable.
The rental fee for the Product(s) includes rental fee, and if applicable, any rush delivery charges listed on the Website in connection with your rental of the Products. Rental fees exclude all federal, state, and local taxes, all of which shall be paid by You directly or, if paid by the Company, shall be paid by You to the Company, in connection with Your rental.
- Security Deposits
A Security Deposit of up to 25% of the retail value of the Product(s) rented will be reserved against Your credit card account. Your encrypted credit card information is stored in a digital vault via a secure third party. The Deposit will be released upon timely delivery of the Product(s) back to us, re- packed in the manner described below, and with no damages. In the event that damages are discovered by the receiving Trejours vendor, deposit amount will be applied towards covering the damages.
- Late Fees
In the event you do not deliver the rented Product for return shipment by the required Return date, as stipulated below, late fees will be assessed in respect to the Product. The value of such fees is calculated in the following manner:
One (1) Day Late - 20% of the weekly rental fee for that Product will be additionally charged to Your credit card;
Two (2) to Three (3) Days Late - 50% of the weekly rental fee for that Product(s) will be additionally charged to Your credit card;
Over (4) Days Late - 100% of the weekly rental fee for that Product(s) will be additionally charged to Your credit card;
Note that the Late fees referred to above DO NOT constitute a penalty or punishment, as they are intended to compensate a loss on our behalf that is not subject to an accurate estimation due to the nature of the services provided.
- Liquidated Damages
Please note that failure to return any Product(s) within five (5) days after the Return Date, regardless of the reason, will constitute grounds for charging Your credit card account for Liquidated Damages. They will be in an amount of 200% of the Retail Value, attributable to each Product, in addition to the rental fee.
You are responsible for any loss, destruction or damage to the Product(s) due to theft, disappearance, fire, major stains, abnormal dirt or foreign substances on any part of the Product, missing stones, broken clasps, visible deep scratches, chips, tears or any other damages, other than normal wear and tear, for the occurrence of which Your credit card account may be charged up to 100% of the Retail Value, attributable to each Product, in addition to the Rental fee.
For the purposes of the above, normal wear and tear encompasses minor scratches, minor dents, rhodium plate wear, minor bends in the structure of the jewelry, up to two (2) missing pave stones, or any other minor damage covered by the basic insurance included in the Rental fee.
- A Basic insurance plan is included automatically with each order. Basic insurance coverage includes minor scratches, minor dents and chips on both metal and stones, up to two pave sized (melee size 1.6 mm and below) missing stones, jammed clasps, minor kinks on stiff chains, minor tear in filigree work if any, small partial tear on a chain etc. The damage degree will be assessed by a professional jeweler employed by Trejours. Basic insurance plan does NOT cover loss, theft or disappearance of jewelry while in customer's custody. Customer is solely responsible for any loss, theft or disappearance of rental jewelry during the rental period.
- User Taxes
Applicable taxes imposed on us in connection with Your order will be added to the rental fee. You acknowledge and agree that all applicable use or other transaction taxes, imposed on You in connection with Your order, are solely Your responsibility to report to the respective authorities and pay within the applicable time limits.
- Return Date
The Return Date is the last date on the rental period. After use, the Product(s) shall be put back in the respective jewelry box, then placed in the jewelry packer box, with attached prepaid label that is provided by Trejours in the package. The package may then be presented for shipment to a United States Post Office in Your area. You should not discuss the contents of the package with the personnel accepting the package for security reasons. It is important to request a receipt from the office for proof that You have assigned the delivery, as without the receipt You may be held responsible if we do not receive the Product back. The package must be stamp dated on the last date of the rental period. If the last date is on a Sunday, the package must be shipped the following Monday.
- Shipping and Delivery
The Product(s) rented will be subject to
A Priority Mail or Express Mail shipping, proof of delivery signature required, from our facility to your designated point of delivery, and returned to our facility from the same area via Priority mail by using the enclosed returned label that we have provided in the package. You acknowledge and confirm that the address of delivery provided shall be deemed a Secure Shipping Address (SSA). SSA is defined as a location where a User can physically receive the Product(s), as Your signature is required for delivery/pick up. We prepay the to/ from shipping, including delivery insurance, and the cost is reflected in the amount charged to your credit card. You are therefore not required to purchase shipping insurance. We are NOT responsible for any address discrepancies due to omitted and/or wrong address details as entered by You in Your Trejours account, which may result in shipping delays, lost or misplaced shipment, or shipment being returned back to sender. Any refused or returned deliveries will be processed as a completed rental transaction, with all applicable fees assessed and charged to Your credit card account.
- You will be notified via message to Your User Account about the projected delivery date within the same day the Product(s) have been shipped to Your SSA. If it is our fault that the Product(s) are not delivered on the first date of your rental period, you are entitled to reimbursement of the portion of the rental fee charged for that day via online store credit. The Security Deposit will be released as soon as we receive the Product(s) back.
- We assign delivery of the Product(s) requested to a FedEX, USPS or UPS Office or representative in a manner that gives reasonable grounds to believe that they will be made available to You on Your Rental Date. Any late delivery or non-delivery will be deemed to be not our fault and we shall have no liability under this paragraph.
- If You live in an apartment building, condominium complex, or any other residential building that utilizes a mail room and has a mail room attendant, a concierge, or any other building employee in charge of receiving residents’ mail, that person is authorized to sign and receive shipment on Your behalf as Your Agent. In case of mail room loss or theft of shipment, You are solely responsible for the Product(s) full market value.
- You acknowledge and agree that due to the nature of the services we provide, even where Product(s) have been reserved, they might not be available for delivery. Any non-availability of requested Product(s) shall be deemed to be not our fault. We hereby undertake to contact You via message to Your User Account in the event a certain Product becomes unavailable due to inventory issues or other reasons. The message will also list at least one alternative Product, whose delivery to Your SSA will comply with the time frame stipulated herein. In the event You do not accept the proposed alternative Product and after discussion of other available items, You haven't found an acceptable alternative, all fees charged for that rental item will be refunded. Such refund reflects our liability under this paragraph in its entirety, and in no event will we be liable for any damages, including without limitation, direct, indirect, special or consequential damages.
- In the event that customer fails to return outstanding rental Product(s), we reserve the right to charge customer's credit card the full market value of the outstanding jewelry Product(s). See section II/9/c for more details on Late Fees.
- Maintenance and Care
- Each jewelry product is thoroughly inspected, cleaned and packed as described above before being shipped to You. While in Your possession, we expect You to handle the Product(s) rented with the utmost of care and attention. We undertake to include any information in regards to special handling or care requirements, applicable to the Product(s) ordered, at the time of their Reservation. You are not to use any non approved cleaning agents and chemicals on the jewelry, since they may damage it. Please refer to the maintenance card attached with the jewelry box that you will receive with your order.
- Based on the information for the materials used in each Product, You may wish to ensure in advance that they will not cause to the wearer any skin irritation or other physical reaction due to allergy or any other type of intolerance, as we may not be held liable for any injury, undesirable bodily reaction or any other type of ailment, resulting from wearing the Product(s) ordered.
- For security reasons, while in your possession, the Product(s) rented may not be transported, either packed or worn, outside of the United States.
In the event You cancel an order in writing via Your User Account page more than two weeks ahead of the scheduled shipping date, 75% of the rental payment will be refunded in store credit, and the remaining portion will be charged as a restocking fee. If you cancel an order in the same manner less than two weeks but more than one week, 40% of the rental payment will be refunded in store credit. If you cancel an order less than one week ahead of the shipping date, there is no refund and only the Security Deposit portion of the payment will be refunded. Please bear in mind that once the Product(s) ordered are submitted to USPS or FedEx for shipment, it will be no longer possible to cancel Your order.
III. DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY
- No Indirect Damages.
IN NO EVENT SHALL THE PLATFORM, ITS AFFILIATE, VENDORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS 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 THE PLATFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- Limited Direct Damages.
THE PLATFORM, ITS AFFILIATE, VENDORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS' AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND 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/LENDING OF THE PRODUCTS VIA THE PLATFORM.
You agree to indemnify and hold Trejours, its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Platform and the Services in violation of this Agreement and/or arising from a breach by any of the foregoing of any of the terms and conditions thereof.
IV. COPYRIGHT AND TRADEMARK NOTICE
- Intellectual Property
We own all proprietary content on the Platform. This includes but is not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, logos, titles, names, and button icons (collectively “Intellectual Property”). Our Intellectual Property is protected by copyright, trademark, patent, trade secret, and other laws of the United States, as they may be amended from time to time.
In the event any provision of this Agreement is held to be illegal, invalid, or unenforceable in any way, (i) the legality, validity and enforceability of the remainder of these Terms and Conditions shall not be affected thereby, (ii) said provision shall be modified to the minimum extent necessary to render it not illegal, invalid or unenforceable, and (iii) these Terms and Conditions shall continue in full force and effect as modified and shall be enforced to the greatest extent permitted by applicable laws.
In addition to the indemnification obligations set forth in Section 16 above, You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, subcontractors, sponsors, and enterprise partners for any loss, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or relating to (i) any intentional or willful violation by You of any rights of another or harm to another caused by You or any Product(s) You make available through the Website, (ii) any inaccurate or untruthful User information or other content, provided by You or made available by third parties through the Website.
We may terminate Your account and/or membership at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. In the event that Your access is suspended due to the breach of this Agreement, you acknowledge and agree that any fee(s) that You have paid will not be refunded.
All notices and communications required to be made pursuant to this Agreement shall be sent to You by e-mail (the most current e-mail address associated with your account), postage prepaid (most current SSA associated with Your account) and/or via Your User Account page on our Website.
For notices and communications directed to Trejours, please use the following email address: email@example.com or the Contact Form.
- Choice of Law and Venue
The validity of this Agreement, and its construction, interpretation, and enforcement, shall be determined under, governed by, and construed in accordance with the internal laws of the state of Connecticut. You hereby agree that all actions or proceedings arising in connection with this Agreement shall be tried and determined only in the state courts located in the County of Fairfield, state of Connecticut, or, at the sole option of Trejours, in any other court in which Trejours shall initiate legal or equitable proceedings and which has subject matter jurisdiction over the matter in disagreement. You hereby expressly waive any right You may have to object to venue to the extent any proceeding is brought in accordance with this Section of this Agreement.
- General Conditions
This Agreement contains the entire agreement between you and the Company regarding the use of the Website/Platform and any Product(s) or service(s) obtained through such use. Unless otherwise explicitly stated, the terms and conditions included herein shall survive termination of Your account with the Website/Platform or any other type of relationship established with the Company for the purposes of renting/lending items to third parties. In addition to the provisions contained in Section 9 above, if any provision of this Agreement is modified, this shall not affect the enforceability of the remainder of the Agreement.
V. USE OF BRANDS
In order to properly provide our services and help our clients quickly find exactly what they are looking for, we use the brand names and logos of the jewelry listed. Please bear in mind that this particular use is for informational purposes only. By using our Platform, You acknowledge and agree that in respect of the jewelry listed, Trejours itself is NOT any of the following: the direct distributor, licensed importer, or authorized vendor, or a producer of any of the latter.
In addition, use of any brand on the list of available items for informational purposes shall not be deemed to construe any form of endorsement, advertisement or any other form, which might constitute breach of the applicable intellectual property laws and regulations.
VI. PRODUCTS AUTHENTICITY
Trejours offers its platform to vendors who are established professionals in the jewelry industry who have demonstrated consistent compliance with ethical practices applicable to the industry. In addition, these vendors are subject to verification that the jewelry they offer for Rent is from authentic brands and is ethically sourced, to the best of their professional knowledge, manufacturer's information, and source of origin. All the listed jewelry for Rent is made with genuine gemstones and precious metals.
VII. Frequently Asked Questions
Please also refer to our online FAQ section for general information regarding our Services.
All Rights Reserved 2022 Trejours