Rental Agreement

These terms and conditions are a legal agreement between you (“You,” “Your,” or “Renter”) and Sams Baby Gear LLC (“Sam’s Baby Gear,” “we,” “us” or “our”), establishing terms and conditions under which You will submit information to, and rent maternity gowns (each a “Product” and collectively, “Products”) and receive related services (“Services”) from, Sams Baby Gear via our website at www.samsbabygear.co (the “Website”). If You do not agree to be bound by this Agreement, You may not use the Services. All use by You of the Services is governed in this Agreement.

 

BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON, YOU ARE AGREEING TO BE LEGALLY BOUND BY THIS AGREEMENT, AND YOU SIGNIFY YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE SERVICES. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT AND ANY CHANGES WILL APPLY TO THE RENTAL OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.

 

  1. General; Rental Not Purchase; Adult Agreement Required.

This Agreement contains all the terms and conditions governing Your rental of Products from Sams Baby Gear via the Website. You agree that Your general use of our Website, other than rental orders as set forth in this Agreement, is subject in all respects to our Website Terms and Conditions of Use available at Terms and Conditions and Privacy Policy at Privacy, as such terms may change. You agree and acknowledge that You are renting the Products, and that ownership of the Products always remains with Sams Baby Gear. Our Products are rented for use by individuals over 18 years of age, who may pay with a debit/credit card or other approved payment method.

 

  1. Fees and Credit Card Authorizations.

The rental fee (“Rental Fee”) for the Products will be Your rate to rent the Product from Sams Baby Gear. In addition, You also agree to pay other fees, damages, taxes and cost including but not limited to late fees or ascertained damages. Upon Your order for a Product, You hereby authorize us to charge Your debit/credit card for the Rental Fee, shipping and applicable taxes set forth on the Website. We will charge your debit/credit card the amount of the Rental Fee immediately upon receiving Your 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.

 

Our team of professionals will handle the meticulous cleaning of all products. Kindly refrain from attempting to clean the gowns on your own. Should organic debris be found on the product an excessive cleaning fee of $20 will be applied. Small rips or other minor repairs that are not in a noticeable section of the Product will be charged a repair fee if the damage can be repaired. Damage to a Product that cannot be repaired included but not limited to high-heel punctures and stains that cannot be removed will require the Renter to pay 200% of the retail cost of the rented Product. The 200% will cover the purchase of a new Product and the loss of revenue to Sams Baby Gear as we wait 4-8 weeks for a replacement Product to be created and delivered by the designer. Each Product is shipped in a garment bag, property of Sams Baby Gear. Products not returned in their original garment bag will assess a $10 replacement fee. If the product is damaged in any way (makeup, deodorant, pet hair, strong smells, rips, tears, stains, etc.) it is not returnable/exchangeable and will be returned to the Renter. There will be no exceptions.

 

We expect Renters to return the Product by the agreed date set forth in the reservation to ensure that We can deliver to Our future Renters in a timely manner. A late fee of $30 per day, per Product is applied and can accumulate until the gown is returned. Additionally, If the gown is not returned 200% of the retail value of each Product will be collected from the original payment method to cover the cost of remaking the gown and the time that it is not available to other customers. When You fail to return a Product back in time it impacts our ability to honor our promises to our other customers, which in turn negatively impacts our business and reputation.

 

You agree to allow Sams Baby Gear to authorize the debit/credit card used at the time of placing your order to cover any repairs, damages, replacement of Products and/or late fees associated with your rental of the Product.

 

If the Product You rented in a timely manner and there is no cause for further charges as set forth in this agreement, Sams Baby Gear will not charge Your debit/credit card beyond the amount collected during the initial transaction.

 

2a. Renting Three (3) or More Products.

If You rent three (3) or more products from Sams Baby Gear's inventory, Sams Baby Gear is authorized to place a hold on Your original payment method for an amount equal to 100% of the retail value of the combined products. This hold serves as a security deposit to cover any potential damages, late returns, or outstanding fees incurred during the rental period. By completing Your transaction, You acknowledge that this hold is a precautionary measure and does not constitute an actual charge at the time of rental.

 

Upon the return of all rented products in acceptable condition, with no outstanding fees or damages, Sams Baby Gear will promptly release the hold on Your original payment method. The release may take 1 business day to reflect in Your account, depending on the policies of the payment provider.

 

If any rented product is returned in a damaged or unusable condition or if any outstanding fees, such as late fees, replacement costs, or any other applicable charges, are incurred during the rental period, the Sams Baby Gear reserves the right to charge Your original payment method for the necessary fees, in addition to 200% of the retail value of the products rented. You will be notified in writing of any such charges.

 

  1. Payment Methods.

Sams Baby Gear does not accept prepaid cards, reloadable cards or gift cards for the rental or sale of any products.  We only accept credit cards and debit cards that are issued by major banks and digital gift cards issued by Sams Baby Gear.

 

If you attempt to use a prepaid card, reloadable card, or gift card to make a purchase, your order will be cancelled immediately upon discovery. Additionally, we will issue a full refund to the original payment method. Due to processing time funds may not be available for 3-5 business days.

 

Furthermore, Sams Baby Gear will ban the use of our service to any violators who make multiple attempts to use prohibited payment methods on our website.

 

  1. Refunds and Cancellations.

You may cancel a reservation up to 24 hours after placing your order unless your order has shipped. If you cancel after that time but before shipment, Sam’s Baby Gear will refund your credit card on file 50% of the cost of the dress rental. Reservation that is cancelled after shipping label has been created is non-refundable.

 

If the Renter elects to change the reservation date or change the Product rented after the order has been received but prior to shipping by Sams Baby Gear, there will be a $15 change fee and is contingent upon the availability of the selected Product and/or date.

 

Shipping fees and expedited orders are not refundable.

 

When a refund is issued it can take 3-5 business days to appear on your payment method. If it is not received within this timeframe, please contact us at info@samsbabygear.co.

 

  1. Sizing and Fit Policy.

Sams Baby Gear specializes in providing a diverse range of motherhood formalwear for rental. We do not offer local fitting services. It is the responsibility of the customer to accurately determine their applicable size using the sizing chart provided on our website on each of the product pages.  We strongly recommend referring to the sizing chart and considering any changes in your body measurements due to pregnancy before placing an order.

 

The sizing chart available on our website offers detailed information to assist you with making an informed decision on if the rental will fit or not. We encourage all customers to review the sizing chart thoroughly and measure themselves accordingly to ensure a proper fit. 

 

Sams Baby Gear does not provide a fit guarantee for rented products. While we strive to offer accurate sizing information and guidance, the fit of rented products may vary based on individual body types and preferences.  We recommend ordering well in advance of your event to allow time for any necessary adjustments. By acknowledging this Rental Agreement, you are attesting to reviewing and understanding the sizing chart made available to you on our website and have accurately determined your size based on the information provided.  Under no circumstances will a refund be issued if the rental does not fit as expected. 

 

  1. Our Commitments to You.

Delivery to You. Subject to availability, 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 in rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, Sams Baby Gear will use reasonable efforts to notify You that the Product is unavailable. You will be entitled to choose any available rental Product to replace the unavailable Product or elect to receive a full refund to authorized payment method. Style may appear different in color and style than the photos displayed on the Website. Sams Baby Gear stands on providing the best quality service to Our customers which begins with an on-time delivery. Our liability to You for failure to deliver the Product ordered is limited to the timely delivery of the Product on the delivery date specified in the order or a refund of the Rental Fee (delivery charges) as determined by us. It is your responsibility to inspect the Product upon delivery and confirm that You received the Product You ordered. If You receive a Product that is not what You ordered or have identified a quality issue, the Renter should contact Sams Baby Gear immediately within 24 hours from the time of delivery of the Product and await confirmation from one of Our Representatives confirming the incorrect Product was indeed received. We will ship You the Product that You ordered if available or one similar to it if it’s not available.

 

Clean and Ready to Wear. We carry a diverse inventory of clean, trendy, previously worn Products. The Products will be professionally cleaned and delivered ready to wear. We thoroughly inspect each Product with the utmost care. Upon delivery use of the Product is at Your own risk and Sams Baby Gear shall not be held liable for any health-related complaints associated with a Product rented from the Website.

 

Return Packaging. The total paid at checkout includes return shipping for rentals. With the delivery of the Product, we will provide You with a pre-paid, pre-addressed mailing envelope for returning the Product to Sams Baby Gear.

 

  1. Your Commitments to Us.

Receipt of the Products. Upon delivery, you assume sole responsibility for the Product(s) while in Your possession. You agree to bear responsibility for receipt of the Products shipped to the location specified at the time of checkout. You acknowledge that a Secure Shipping Address is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive Product(s). If an unsecure shipping address is provided, Sams Baby Gear does not bear liability for Products left unattended. In addition, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Sams Baby Gear is not to be held liable, but You will be held liable.

Use of Products. You agree to treat Our Products with great care. You are responsible for any loss, theft, mysterious disappearances, fire, damage, major staining, destruction, or any other cause, other than normal wear and tear of the Product while it is in Your possession. You must return all rented products in the condition in which it was delivered to You.

 

Collections. If the amount owed to Sams Baby Gear is not paid or we are unable to collect what is due, we will institute collection procedures. You agree to pay all costs associated with collection efforts, including without limitation attorneys’ fees and court costs.

 

Refusal of Services. We reserve the right to terminate Your right to rent Products from Sams Baby Gear at any time in the event of Your breach of this Agreement or any other reason in our discretion.

 

  1. Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Sams Baby Gear OR ITS EMPLOYEES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR MISUSE OF, OR THE INABILITY TO USE, THE CONTENT OR SERVICES, EVEN IF Sams Baby Gear OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Sams Baby Gear 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. BY USING THE SERVICES, YOU AGREE THAT THE SERVICES, INCLUDING THE PRODUCT, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION SERVICES OR PRODUCTS PROVIDED BY Sams Baby Gear AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

  1. Recompense.

You agree to defend, indemnify and hold harmless Sams Baby Gear and its Owners, Officers, Shareholders, Operators, Agents and Employees (each individually, an “Indemnitee”) from all actions, suits, claims, demands and proceedings (Claims”), and any judgments, damages, losses, debts, liabilities, penalties, fines, costs and expenses (including reasonable attorneys’ fees and costs of court) resulting therefrom whether arising out of contract, tort, strict liability, misrepresentation, violation of applicable law and/or any cause whatsoever brought or commenced by any person or entity against any Indemnitee for the recovery of damages for the injury, illness and/or death of any person, or loss or damage of property arising out of or alleged to have arisen out of the use of the Product rented by You.

 

  1. Miscellaneous

This Agreement constitutes the entire agreement between You and Sams Baby Gear with respect to the subject matter addressed herein and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings, and undertakings with respect to the subject matter herein. Modifications may be made only by Sams Baby Gear. We reserve the right to terminate or amend this Agreement at any time for any reason, effective upon notice to You of such termination or amendment. No transfer of any right or interest of You under this Agreement, in whole or in part (whether voluntarily or by operation of law), directly, indirectly, or contingently, shall be permitted without the prior written consent of Sams Baby Gear. Sams Baby Gear shall not be liable for delay or failure in performance resulting from acts beyond its control. Such acts include, without limitation, fire, earthquake, an act of God, an act of war, riot, an epidemic, flood or other disaster, an act of government, or a strike or lockout. This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of New York, shall be the only proper place of venue for all suits arising from or related to this Agreement, and any legal proceedings to enforce the provisions hereof shall be brought in the federal or state courts located in Kings Country, New York.