This Customer Rental Agreement (the “Agreement”) is a legal agreement between you (“You” or “Your”) and Aansuya LLC, also known as “DesiDrawer,” (the “Company,” “we,” “us,” or “our”), establishing terms and conditions under which You will submit information to, and rent clothing and accessories (each a “Product” and collectively, “Products”) and receive related services (“Services”) from, the Company via our website at www.desidrawer.com (the “Website”).

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ORDERING PRODUCTS OFFERED ON OUR WEBSITE, SIGNING UP FOR THE SERVICE AND PUTTING IN YOUR PAYMENT CARD DETAILS, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ORDER ANY PRODUCTS AND DO NOT RENT THE PRODUCTS.

WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE 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 the Company via the Website from time to time. 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 and Privacy Policy, as such terms may change from time to time. No other terms or conditions (preprinted or otherwise) shall have any force or effect. You agree and acknowledge that You are renting the Products and that ownership of the Products remains with the Company at all times.

Our Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may rent the Products with a payment card or other approved payment method (including, without limitation, credit cards). By renting Products from the Website, You represent that You are 18 years or older and that You are authorized to use the chosen payment method for the purpose of renting the Products as described herein.

  1. Rental Period; Rental Fees; Credit Card Authorizations; Cancellations.

The rental period (“Rental Period”) for the Products is a 4 or 8-day Rental Period, chosen by You while placing Your order. You may book a reservation for Products up to 1 year in advance. If Your order has not shipped, You may extend Your Rental Period for a Product by emailing desidrawer@gmail.com; provided that any extensions are subject to other orders for that Product and to payment of the additional Rental Fee applicable to that Product for the period of time of the extension. The return date will be fixed and indicated in a confirmation email sent to You from the Company after You place Your order. The Product must be returned in as-is condition, by the return date.

The rental fee (“Rental Fee”) for the Products is the total of the rental price, insurance charges and delivery charges as listed on the Website in connection with Your rental of the Products. The rental price is a percentage of the Retail Value of the Product and the cost of cleaning and care of the Product.

An order for a Product includes renting a Product on our Website for the rental of that Product and a reservation of a Product on our Website for the rental of that Product, regardless of how far in advance that Product is reserved (each, an “order”). Upon submitting Your order for a Product, You hereby authorize us to charge Your payment card for the Rental Fee. We will charge Your payment card the amount of the Rental Fee immediately upon placement of Your order.

In addition, at the time of Your order of a Product, You hereby authorize the Company to charge Your payment card for a deposit for an amount equal to 100% of the retail value of that Product as determined by the Company and set forth on the Website, plus any applicable sales taxes (“Retail Value”). Rental Fees exclude all federal, state and local taxes, fees, customs, duties, levies and other governmental assessments, 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 order for the rental.

If You cancel Your order for Products within 24 hours of placing the order by contacting desidrawer@gmail.com, we will issue You a refund of the Rental Fee of the Product. If You cancel Your order for Products after 24 hours of placing the order, no refund will be issued.

  1. The Company Offering.

3.1. Delivery. We will deliver the Products You ordered on or before the date for which You ordered them, except to the extent we informed You in connection with Your order that the specific Product was not guaranteed. Products may appear different in color and style than the photographs displayed on our Website. Our liability to You for failure to deliver the Product as ordered is limited to the timely delivery of the correct Product or a refund of the Rental Fee as determined by the Company.

3.2. Sizing and Damage Returns.

  1. Return of Unworn Products Due to Size. If a Product, excluding accessories, does not fit You, then You must contact the Company by email or phone within 4 hours of delivery of the Product and return the Product in conformance with the return procedures set forth in Section 4 below. We will issue You a refund of the Rental Fee of the Product, excluding accessories, so long as the Product, determined by us in our sole discretion, has not been worn.
  2. Return of Products Damaged at Delivery. If a Product is delivered to You damaged, You must contact the Company by email or phone within 4 hours of delivery of the Product and return the Product in conformance with the return procedures set forth in Section 4 below. We will issue You a refund of the Rental Fee of the Product, in our sole discretion.

3.3. Cleaning. All Products will be professionally cleaned and delivered ready to wear. We dry clean and inspect each Product with the utmost care, but use of the Product is at Your own risk and the Company shall not be held liable for any health-related complaints or injuries associated with a Product rented from us.

3.4. Return Packaging. With delivery of the Product, we will provide You with a pre-paid, pre-addressed label and instructions for Your use in returning the Products to the Company (“Return Packaging”).

3.5. Services. On our Website, we offer various Services to assist You in selecting a Product. Our Services are provided “AS IS” without guarantee as to results.

  1. Your Commitments to Us; Payment of Retail Value; Fees for Late Returns.

4.1. Receipt of the Products. Upon delivery, You bear responsibility for the Product(s). We will provide You with tracking information for Your order. You must enter a shipping address to a valid residence, company, or hotel. You may not ship to a P.O. box. The Company does not bear liability for Products left unattended at the designated shipping address. Furthermore, You acknowledge that providing anything other than a valid residence, company, or hotel shipping address, where You may timely receive the Product, may result in delivery delays and additional fees for which the Company is not liable, but You are liable to pay any such fees.  

4.2. Use of the Products. You agree to treat the Products with the utmost care. You are responsible for loss, destruction, or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains and rips, missing beads, stuck zippers or other minor damage covered by the insurance You paid for with Your order of the Product. If You return a Product that is damaged beyond normal wear and tear, then You agree that we shall charge You, and You shall pay, for the price of repairing or replacing the Product, as determined by us in our sole discretion, up to the Retail Value for the Product.

4.3. Return of the Products. You agree to return the Products to the Company in the Return Packaging on the return date identified in the confirmation email for Your order. You must return the Product by delivering the Product in the Return Packaging to a UPS store or UPS drop box located in the United States by 12 p.m. on or before the return date.

  1. Loss of Return Packaging. If You lose the Return Packaging, You will be responsible for shipping the Product back the Company at Your own expense by the required return date, and for providing the Company with a tracking number by email at desidrawer@gmail.com by the required return date.
  2. Product Returned Damaged. If a Product is returned damaged beyond normal wear and tear, as determined by us in our sole discretion, then You agree that we will charge You for the Retail Value, plus applicable sales tax, of the Product as listed on our Website. All cleaning and repair fees due to the normal wear and tear of the Products, as determined by us in our sole discretion, shall be borne by the Company.
  3. Missing Components. If a Product is returned missing a component, You will be subject to the same late fee schedule set forth in Section 4.4 below.

4.4. Late Fees. If You return a Product late or not at all, late fees, up to an amount not to exceed 100% of the Retail Value plus applicable sales tax, will be charged to the payment card You used to pay the Rental Fee in the following manner: (i) Products received 1 to 2 days late will result in a late fee of 100% of the Rental Fee for those Products; (ii) Products received 3 to 7 days late will result in a late fee of 250% of the Rental Fee for those Products; and (iii) any time beyond 8 days, without notification, Products will be presumed lost or stolen and the Company will charge the payment card the Retail Value of the Product, plus applicable sales tax. If You notify the Company that You returned the Product on or before the return date, the Company, in its sole discretion, will determine whether the carrier lost the Product. If so determined, the Company will issue You a refund of the applicable late fees.

4.5. Collections. If You do not pay the amounts You owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees.

4.6. Removal. We reserve the right to terminate Your right to order Products from us at any time in the event of Your breach of this Agreement or for no reason or any other reason in our sole discretion.

4.7. Email. We will use the preferences You provide and orders You place on our Website to send You e-mails regarding Your orders. You may opt out of receiving these e-mails by contacting desidrawer@gmail.com.

 

4.8. Limited Warranty. The limited warranties set forth in Section 3 apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in Section 3. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in Section 4 of this Agreement.

 

4.9. Remedies. Your sole and exclusive remedy and the Company’s sole and exclusive liability for a breach of the Company’s limited warranty shall be, at the Company’s option, the Company’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of the Rental Fee of the Product.

 

4.10. Disclaimers. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.

 

  1. Limitation of Liability.

 

5.1. No Indirect Damages. IN NO EVENT SHALL THE COMPANY (OR ITS SUPPLIERS OR LICENSORS) 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 COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

5.2. Limited Direct Damages. THE COMPANY’S (AND ITS SUPPLIERS’ AND LICENSORS’) AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, THE PRODUCTS AND/OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES AND LATE FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.

 

5.3. 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 OF THE PRODUCTS DURING YOUR RENTAL PERIOD.

 

  1. Miscellaneous.

 

This Agreement, (including the Website Terms and Conditions and the Privacy Policy referenced in this Agreement) constitute the entire agreement between You and the Company with respect to the subject matter hereof 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 hereof. Modifications may be made only by the Company. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws principles. You shall not assign this Agreement without the Company’s prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 1, 2, 3, 4 and 5 shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. The Company shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.

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