Rental Agreement
Please read this Agreement carefully. By using the Services, you consent to this Agreement, including all of the services provided by or on behalf of The Recollective, including the Products. If you disagree with this Agreement, you may not use the Services or Products. This Agreement incorporates any additional terms and conditions posted by The Recollective or otherwise made available to you. BY SUBMITTING AN ORDER FOR PRODUCTS OR USING ANY PART OF THE SERVICES, WEBSITE OR IN STORE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE TERMS OF SERVICE AND PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT PLACE AN ORDER OR USE OUR PRODUCTS.
Please read this Agreement carefully. By using the Services, you consent to this Agreement, including all of the services provided by or on behalf of The Recollective, including the Products. If you disagree with this Agreement, you may not use the Services or Products. This Agreement incorporates any additional terms and conditions posted by The Recollective or otherwise made available to you. BY SUBMITTING AN ORDER FOR PRODUCTS OR USING ANY PART OF THE SERVICES, WEBSITE OR IN STORE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE TERMS OF SERVICE AND PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT PLACE AN ORDER OR USE OUR PRODUCTS.
- Agreement. Please review the following terms and conditions (the "Agreement") together with the Terms of Use and the Privacy Policy. This Agreement is between you (the “Customer”, “you” or “your”) and The Recollective (“we”, “us”, “our” or “The Recollective”) and governs the terms and conditions to rent handbags ("Product" and collectively, "Products") and receive related services ("Services") from The Recollective via the website or store currently known as “The Recollective”.
- The Recollective Service. Provided you comply with this Agreement, The Recollective allows you to rent Products by placing an order through the website or in store, paying the Rental Fee, and having the Products shipped to your specified address or to pick up in store. You acknowledge that you are renting the Products, and that ownership remains with The Recollective unless otherwise stated in this Agreement.
- Registration. You must register on the website or in store in accordance with our Terms and Conditions of Use prior to renting the Products. All information submitted as part of the registration is subject to our Privacy Policy. All information you submit must be and shall remain true, accurate and complete. It is your responsibility to keep this information up to date.
- Eligibility. To rent the Products, you represent that you (i) are 19 years or older, (ii) are a legal permanent resident of Canada, (iii) have a valid address for order shipment, (iv) have an account with a Canadian credit institution, (v) are authorized to use the chosen payment method by a Canada-based financial institution, and (vi) have a valid email address. We may require emailed proof of ID and verification of your physical address.
- Limits. The Recollective reserves the right to limit, cancel or prohibit any rentals of Products for any reason, at any time, at our sole discretion. In the event an order is canceled, the funds authorized or charged are released by The Recollective and are then subject to the rules of your financial institution.
- Rental Fees. The rental fee ("Rental Fee") for the Product(s) includes the rental fee and delivery charges listed on the website or in store. By placing a rental order, you authorize The Recollective or its agent to charge your payment card for the Rental Fees, shipping charges, applicable taxes, and any other related charges. The Recollective will charge your payment card the Rental Fee upon verifying your order. Reserving a Product on the website or in store constitutes an order for that Product, regardless of the advance reservation time.
- Payment Card Authorizations. At the time of your rental order, you authorize The Recollective to charge your payment card for the Manufacturer's Suggested Retail Price (“MSRP”) of the Product plus applicable taxes, though your card will only be charged more than the Rental Fee under specific circumstances. We reserve the right to pre-authorize your payment method for the MSRP amount. If we determine your available credit is insufficient, we may request the immediate return of items or a second valid payment method before proceeding with your rental. Once your order is shipped, only the actual Rental Fees and applicable taxes will be charged. If an order is canceled, authorized funds will be released according to your financial institution's rules. If your credit card is denied, your order will not be processed until a new valid card is provided. If your card expires, is declined, or becomes invalid while you have a Product and a new rental term is due, you must update your payment information promptly to avoid late payments. If you do not pay amounts owed to The Recollective when due, we may request the return of all outstanding Products and use various means to collect payments, including legal action and collection agencies. You agree to pay our collection costs, including reasonable attorneys' fees.
- Refundable Security Deposit. Some Products may require a refundable security deposit ("Deposit"), determined at The Recollective's discretion. The Deposit amount is listed on the website or in store. The Recollective will charge your payment card for the Deposit when the order is dispatched. The Deposit will be refunded once the Product is returned undamaged.
- Pick Up or Delivery. If you wish to pick up your Products in store, please contact us directly to arrange a time and a date. Alternatively, your Products will be delivered by a shipping partner selected by The Recollective to the address specified at the time of order, subject to the additional delivery charges listed on the website or in store (for expedited or remote shipping). When your order is dispatched, you will receive an automated email with a tracking number to trace your package. The estimated delivery time and shipping fee vary based on inventory availability, delivery address, order placement time, and other circumstances impacting delivery. The Recollective makes no guarantees regarding actual delivery time.
- Billing and Shipping Address. Your billing address must be the same as the shipping address. We will not ship to a different address than we bill to, unless otherwise authorized by us in advance. Contact Us if you require further advice on the delivery of your order.
- Receipt of Products. To help ensure the safe and secure delivery of your order, the carrier will require an adult signature upon delivery for all orders. Upon delivery to the address specified on the order, you bear responsibility for the Products. If you are unable to locate a confirmed delivery, you are required to contact The Recollective immediately to place a tracer investigation and to temporarily suspend the Rental Term. We will not proceed with the resolution of a lost Product until the tracer investigation results are received.
- Rental Term. Products may be rented for either (i) no less than 7 calendar days at a time or (ii) a 30 calendar days rental period (each, “Rental Term”). The Rental Term will begin on the day of pick up or delivery to the Customer (verified by the courier service scan/signature confirmation) and conclude on the day that you return or ship the Products back to us (verified by the courier service tracking). The Rental Term is calculated in calendar days. If the end of a Rental Term occurs on a weekend or holiday when the carrier is closed, the following available business day will be used for calculations. Please keep records of both deliveries in case of missing shipments and as proof of filing.
- End of Rental Term Return of the Products. You agree to return the Products to The Recollective in the original shipment packaging ("Return Packaging") on or before the return date for the Products that are identified in the online invoice for your order. You must return the Product using the return label provided by delivering the Product in the Return Packaging to a courier service by 12 p.m. on or before the date that the Product is due. The Product must be returned in the condition it has been delivered, along with all accessories in original packaging. If you lose the return label, we reserve the right to charge you for an additional return label. If you return the Products late, damaged or you do not return the Product at all, the provisions set forth in Sections 16 and 17 apply.
- Extensions. You may extend your order by contacting The Recollective via email (management@shoptherecollective.com) at least 24 hours prior to the end of the Rental Term. An extension will be for a minimum of 7 days or 30 days at a time, depending on the initial Rental Term, provided that extensions are not approved until confirmed by us in writing, subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension.
- Use of Products. Products available for rent are new or slightly used. Due to the nature of the materials, lighting in photoshoots, or your display settings, the color may vary slightly from product to product. You agree to treat the Products with great care and take all necessary precautions to avoid damage and keep them in their original condition.
You must return the Product in the exact condition it was received, with plastic hardware protection labels intact (if present) and all accessories included. If the Product is returned dirty (e.g., stained, scuffed, or with an odor), you will be responsible for a cleaning fee of $175 Canadian Dollars plus applicable tax.
You are responsible for loss, destruction, or damage to the Products due to theft, mysterious disappearance, fire, major stains, or any other cause beyond normal wear and tear. Normal wear encompasses minor damage as determined by The Recollective at its sole discretion. If a Product is returned damaged beyond normal wear and tear, you agree to pay for the repair or replacement, up to the MSRP value.
Products rented from The Recollective are for personal use only and may not be monetized, sublet, loaned, or used for professional or commercial purposes.
- Loss, Theft, or Degradation of the Products. If a Product is damaged beyond normal wear and tear, immediately notify The Recollective via phone or email. The Product must be sent back immediately for evaluation. Do not attempt to repair the item yourself or by using a third party; doing so will result in you being charged the full MSRP value of the Product. Rental Fees will continue to accrue until the Product is fully repaired and rentable again. You are responsible for theft or loss of a Product and will be charged the full MSRP value upon occurrence. Rental Fees will continue to accrue until full payment is received. The Recollective reserves the right to close your account at any time if there are multiple instances of damage to rented Products.
- Non-Return. If you return the Product late or not at all, a late fee will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to The Recollective. The late fee will be equal to one extension of the Rental Term (i.e. 7 days) and you agree to pay such late fees. The late fee is payable for each Product that is the subject of the order that is late. If you have not returned a Product within the 7 days after the return date for the Product, your late return will be considered a non-return and The Recollective will charge your payment card the full MSRP Value.
- Counterfeit Return. The Recollective inspects and validates the Product is upon return. If an item is detected to be a copy or counterfeit, The Recollective will, without notice, charge you the full MSRP value, close your account immediately, and may notify appropriate law enforcement officials of the theft.
- Payment of MSRP Value. The Recollective will not charge you for more than an amount equal to the full MSRP value plus the Rental Fee, in the aggregate, for any charges arising under this Agreement. If you pay The Recollective an amount equal to the full MSRP value and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Agreement.
- Rental Returns. Rental orders do not include the right of return. The Rental Fee for the initial Rental Term is non-refundable, and you will not receive a refund, exchange, or compensation for early termination of the rental order.
- 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, court costs, interest at a rate equal to one and half times the legal interest rate, accrued rental fees until the product is returned or replaced and can be rented again, and such other remedies that may be available to us.
- Disclaimer Of Warranty. THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS”. THE RECOLLECTIVE MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- Limitation Of Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL THE RECOLLECTIVE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF YOUR USE OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE RECOLLECTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, THE RECOLLECTIVE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF THIS AGREEMENT, THE PRODUCTS AND/OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THE RECOLLECTIVE’S LIABILITY SHALL IN NO EVENT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
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.
- Indemnification. You agree to indemnify and hold The Recollective, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Services, the Products or Services related thereto, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.
- Application. The Products and Services are controlled or operated (or both) from Canada and are not intended to subject The Recollective to any non-Canada jurisdiction or law. At this time, the Services are not available outside of Canada Any use of the Services is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Product or Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
- Changes. We reserve the right to change this Agreement from time to time. We will notify you when we change this Agreement by any reasonable means, including by posting a revised Agreement through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes.
Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. It is your responsibility to check this Agreement periodically for changes. This Agreement applies every time you submit an order for Products or otherwise use our Services.
We may, at any time and without liability, modify or discontinue all or part of the Services (including access to the Services via any third-party links); charge, modify or waive any fees required to use the Services; or offer opportunities to some or all users of the Services.
- Miscellaneous. This Agreement, (including the Terms and Conditions of Use and the Privacy Policy referenced in this Agreement) constitute the entire agreement between you and The Recollective 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. 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 or condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, excluding its conflicts of laws principles. You shall not transfer or assign this Agreement without The Recollective’s prior written consent. Termination of this Agreement will not relieve you of any payment obligations hereunder. Those provisions that by their nature are intended to survive termination or expiration of this Agreement shall so survive. 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 Recollective 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.