Membership Terms & Conditions
Last updated: January 2013
PLEASE READ THESE MEMBERSHIP TERMS & CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.
All rentals are subject to these Membership Terms and Conditions which create a binding legal agreement between you and Haute Vault, LLC (the “Agreement”). IN ORDER TO REGISTER AS A MEMBER AND RENT JEWELRY AND WATCH ITEMS (“MERCHANDISE”) VIA OUR SITE LOCATED AT www.hautevault.com, YOU MUST ACCEPT THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” BUTTON BELOW. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO BECOME A MEMBER OR USE ANY OF THE SERVICES OFFERED BY THIS SITE. This Agreement is effective as of “last updated” date set forth above.
• During registration, you will be asked for certain personal information (“Registration Data”). You hereby represent, warrant and covenant that (i) all Registration Data is true, accurate, current and complete, and (ii) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
• You are responsible for maintaining the confidentiality of your account, your user ID and password and for restricting access to your account. You are solely responsible for any activity related to your account.
• By providing us with Registration Data, you give us permission to use the Registration Data to conduct Background and Credit Checks upon registration and at any time during your membership, for the purposes of determining, in our sole discretion, (i) whether you qualify for an account, (ii) which Membership Level you qualify for, and/or (iii) whether to keep your account active.
• By providing us with your credit card information, you give us permission to (i) upon successful registration, charge your credit card for the applicable Membership Fee at the time of sign up, (ii) upon placement of an order, charge your credit card for the applicable Rental Fee(s), (iii) upon placement of an order and prior to the shipment thereof place a Security Deposit hold on your credit card(s), (iv) charge your credit card for the selected method of shipping, and (v) charge your credit card for the other fees set forth herein.
• We may change the Membership Fees from time to time upon notice to you. In the event of any increase in Membership Fees, you will have the option of cancelling your account in accordance with the terms set forth herein.
• You must be 18 years of age or older and a legal resident of the United States to register as a Member.
• Payment of the applicable Membership Fee entitles you to an initial period of membership at the corresponding Membership Level. Your membership will automatically renew for successive membership periods (each, a “Renewal Period”), unless you cancel your membership or your membership is otherwise terminated under this Agreement. You may cancel your membership at any time by contacting us at 305-935-5528. You must cancel your membership before it renews for the next Renewal Period to avoid a charge for such next Renewal Period. Upon receipt of your cancellation request, we will terminate your account at the end of the then-current Renewal Period. Haute Vault reserves the right to cancel your membership at any time in our sole discretion. Immediately upon cancellation of your membership for any reason, you shall return all Merchandise to us as set forth in this Agreement. All Membership Fees are non-refundable.
Background and Credit Check.
• You understand and acknowledge investigative consumer reports may be obtained in connection with your placing a Jewelry and/or Watch order. We may obtain information about you from accredited outside sources and add it to or combine it with your personal information. For example, we may receive credit information from a national credit bureau upon member registration or at a later point in time prior to shipment of your order. You understand these reports may contain information about your background, to include but not limited to criminal and credit history. The information may be obtained from Federal, State and Local government agencies or other private databases.
• You acknowledge this information may be used to make decisions, including but not limited to; acceptance, placement or rejection of desired level of membership, in adjustments in the security deposit amount required of 30% of the retail value of the Jewelry or Watches being rented as a condition of said shipment, all at our sole discretion.
• To help protect us against loss, damages or theft, we require a Security Deposit for all rented Merchandise. We reserve the right, in our sole discretion, to determine the retail value of the Merchandise, and to require a Security Deposit of 30% of the retail value of the Merchandise upon shipment of such item(s). If you do not have enough credit available on your credit card account(s) to allow (i) a reserve for the Security Deposit to be applied, or (ii) fees and charges for damages or loss of the Merchandise to be applied, we may request additional credit card(s) or, at our discretion, regard the order as cancelled. Any late fees/damage fees/additional fees or charges due us as provided in this Agreement will also be charged to your credit card.
• The Security Deposit (less any applicable fees or charges due) will be released upon return of the Merchandise subsequent to inspection and a determination, in our sole discretion, that the Merchandise are in the same condition as when delivered to you, reasonable wear and tear excepted.
• You will be notified via email if an increase in your Security Deposit is required. You may cancel your order within twenty four (24) hours after receipt of such notice. TIME IS OF THE ESSENCE IN PROVIDING TIMELY NOTICE OF CANCELLATION. If you cancel your order within the twenty four (24) hour period, we will release the Security Deposit (less any applicable fees or charges due).
• Shipping is based on next-day shipping from our facility to your designated point of delivery, and the return to our facility from that area. Your designated point of delivery should be your office or home address or other address where you are assured that someone trustworthy will be present to sign for and receive delivery of the Jewelry and/or Watch item(s).
• We include the prepaid to/from shipping labels, which includes delivery insurance, and the cost is reflected in the transaction amount that will be charged to your credit card.
• When returned by you, the Merchandise must be re-packaged in its original Haute Vault Jewelry and/or Watch boxes and placed into its corresponding packer box. The Jewelry and/or Watch box(es) must then be placed and sealed in the pre-paid/pre-addressed shipping package included with the initial shipment. The package may then be presented for shipment to any FedEx Location or FedEx Store in your area for return shipment. You are not required to purchase insurance from FedEx and, for security reasons, you should not discuss the contents of the package with FedEx personnel. For your convenience, Haute Vault has arranged for a pick-up service with FedEx for your return shipment at an additional fee of $20.00. If you wish to avail yourself of this service, simply select the option at checkout or notify us at email@example.com before 10 a.m. EST on the day of your scheduled return and we will make the arrangements for you.
• You will be contacted if your order cannot be shipped due to unforeseen issues with inventory availability or other reasons. Haute Vault promises to use every reasonable effort to ensure your reserved item is available for your scheduled date. If your reserved item is not available because it has been sold or not returned, alternative pieces of equal or greater value will be discussed and offered to you at that time for no additional costs. All of your fees and any Security Deposit will be refunded if an alternative solution, acceptable to you, is not identified. We will have no liability to you in the event that items are unavailable as contemplated by this paragraph, even if you have reserved them, other than return of the fees and Security Deposit.
IN NO EVENT WILL WE SHIP JEWELRY OUTSIDE THE UNITED STATES.
Selected Date & Delivery.
• All jewelry and watches shall be available at a weekly or monthly rental period. Your credit card will be charged one hundred percent (100%) of the applicable rental fee (“Rental Fee”) when your order is placed.
• All items will be shipped via FedEx for overnight delivery. The desired starting date submitted with your rental order will be shipped from our location on a Wednesday to be received by you on Thursday. Every reasonable effort will be made to deliver the Merchandise to your designated valid address for your selected date. The merchandise MUST be returned by you on Monday to be received at Haute Vault’s location of business by Tuesday in accordance with the prepaid shipping label. Haute Vault understands that desired Merchandise may be required for events/occasions earlier in the week. In that event, we offer our members a prorated additional rental fee for items shipped outside the standard Company shipping policy. For example, Haute Vault will ship Monday to be received Tuesday and charge an additional two day prorated rental fee.
• A signature is required for delivery or pickup of the Merchandise. Any refused or returned deliveries will be processed as a completed rental transaction, with the full rental and other fees assessed.
• If through our fault the Merchandise is not delivered by your selected date, we will return all rental fees and, upon return of the Merchandise as provided above, remove the hold for your Security Deposit. The return of these amounts will be our sole liability to you in the event of non-timely delivery or non-delivery; in no event will we be liable for any other damages whatsoever.
• If we timely deliver the Merchandise to FedEx with delivery pre-paid for to you at least one day prior to the selected date, any late delivery or non-delivery will be deemed to be not our fault and we shall have no liability under this paragraph. Further, non-availability of items, even where reserved, shall be deemed to be not our fault. Again, Haute Vault’s practice will be to accommodate its members with a similar item of equal or greater value at no additional cost.
Sales/Use Taxes. Applicable sales or other transaction taxes imposed on us in connection with your order will be added to the Rental Fee or the Purchase Fee. Applicable use or other transaction taxes imposed on you in connection with your order of the Merchandise are solely your responsibility to report and pay.
Care of Jewelry and Watches.
• We will inspect, repair and clean every piece of Jewelry and Watch before delivery to you. While in your possession, we expect you to handle the Jewelry/Watch with the utmost of care, as if it were your own.
• You should keep the Merchandise in your possession and under your control at all times. Members are prohibited from letting anyone else use or wear it for any purpose.
• Members agree to never place your jewelry in a checked bag when traveling. Members covenant to wear the jewelry or keep it with you when you're enroute.
• Members shall never hide the jewelry in your hotel room or leave it unattended and unprotected. When you're not wearing your jewelry, Members MUST place the items in the hotel Lobby safe. Members are prohibited from leaving the jewelry in the hotel room safe, and agree to keep the jewelry in the hotel lobby vault or on their person at all times.
• Even though you are renting Merchandise, you acknowledge that each item rented from us is a high value item and you covenant to treat it as if you own it. Our rental rate assumes a minimal amount of wear which may occur with a rental use consistent with wearing high quality Merchandise responsibly. Unusual wear or any damage, abnormal dirt or foreign substances on any Jewelry Item gives us the right to charge your credit card account(s) for the cost of repair or cleaning. In the event of damage to any Jewelry Item that is beyond repair, we have the right to charge your credit card account(s) for 100% of the replacement value of the Jewelry Item. The amount to be charged is left to our sole discretion based on our assessment of the damage.
• All items must be returned on the Monday following receipt of your items. It is imperative that Haute Vault receives the items at our location by Tuesday to ensure the proper maintenance, cleaning and repair to provide our clients with clean and impeccable jewelry and watches.
• The Merchandise must be re-packaged in its original box and placed and sealed in the pre-paid / pre-addressed shipping package included with the initial shipment. The package may then be presented for overnight shipment to any Federal Express Office in your area for return shipment. Remember to request a receipt for proof that you delivered the package, without the receipt you can be held responsible if it does not get delivered.
• We include the prepaid to/from shipping, including delivery insurance, and the cost is reflected in the transaction amount that will be charged to your credit card. You are not required to purchase insurance from FedEx and, for security reasons, you should not discuss the contents of the package with Federal Express personnel or anyone else.
• To extend your rental period, please contact us. If we can accommodate your request, we will provide a revised return shipping label.
If you do not deliver the Merchandise for return shipment by the required Return Date, late fees will be assessed as to that item(s) as follows:
• One (1) Day Late – 50% of the rental fee for that item will be added to the total fees
• Two (2) to Seven (7) Days Late – 100% of the rental fee for that item will be added to the total fees
• Eight (8) to Fourteen (14) Days Late – 200% of the rental fee for that item will be added to the total fees.
• Over Fourteen (14) Days Late – Presumed Lost or Stolen and Liquidated Damages apply
• Late fees will be charged to your credit card account(s) in addition to all other applicable fees. You agree and acknowledge that the late fees provided for by this paragraph are intended as compensation to us, and are not intended to be a punishment or penalty, because the damages that we would suffer by way of late return are incapable or very difficult of accurate estimation because of factors including, without limitation, our recovery of anticipated profits, our loss of sales and reputation due to unavailability of items, fluctuations in the value of gems and precious metals, and changes in our insurance rates.
• You further agree and acknowledge that (i) our ability to make Merchandise available for rent to other valued members depends greatly on our ability to secure return of those items by Tuesday of each week, as return after such date may prevent us from having sufficient time to clean, repair and re-ship the Jewelry to the next valued member; (ii) because of that lack of time we cannot commit to have Merchandise available to upcoming members until such time as the merchandise is in our possession and capable of securing clasps, polish and cleaning (and where applicable, repair) for upcoming selected dates; and, (iii) that while we may be able to restock and have said merchandise made available on a rush basis if it is returned by the Wednesday following your rental period, Jewelry returned on Thursdays day after your rental period, or later, cannot be processed and re-shipped in time for the upcoming weekend. For the foregoing reasons, you agree with us that the amounts reflected in the schedule of late fees above are a reasonable forecast of just compensation to us in the event of late return.
• If any Jewelry and/or Watch items are not returned within fourteen (14) days after the Return Date without express notice, as liquidated damages for your failure to timely return the item(s) we will have the right to charge your credit card account(s) as provided under “Liquidated Damages” below.
• Title to the Merchandise shall remain in us at all times except as specifically provided herein. We will include the prepaid shipping insurance for delivery to and from your delivery location.
• If the Merchandise are returned to us more than fourteen (14) days after the Return Date for any reason under this Agreement, as Liquidated Damages we will have the right to charge your credit card account(s) an amount up to 100% of the replacement value attributable to each such item.
• If we exercise our right to require payment of up to 100% of the replacement value of any Jewelry Item due to failure to timely return that item, we will waive all applicable late fees and damage fees otherwise chargeable with respect to those Merchandise, and refuse return of the item(s) in question, and you will acquire title in such Jewelry Item(s) from us.
• You agree and acknowledge that the Liquidated Damages provided for by this paragraph are intended as compensation to us, and are not intended to be a punishment or penalty, because the damages that we would suffer by way of failure to return our items without express notice other than within fourteen (14) days after the Return Date are incapable or very difficult of accurate estimation because of factors including, without limitation, our recovery of anticipated profits, our loss of sales and reputation due to unavailability of items, fluctuations in the value of gems and precious metals, and changes in our insurance rates or the availability of insurance coverage. For the foregoing reasons, you agree with us that the amounts fixed above are a reasonable forecast of just compensation to us in the event of failure to return the items other than within fourteen (14) days after the Return Date. If debts are not able to be collected normally and it is collected through the use of a collection agency, an attorney, or through other legal proceedings, you agree to pay all reasonable costs or fees, including attorney fees and court costs, incurred in connection with such collection effort.
Cancellations. If you cancel your order in writing more than two weeks ahead of the scheduled shipping date, fifty percent (50%) of the Rental Fee plus any applicable shipping and insurance fees will be refunded (in the form of a credit on your credit card). If you cancel your order less than two weeks ahead of the shipping date, the Rental Fee is not refundable and only the shipping and insurance fees will be refunded (in the form of a credit on your credit card). Cancellation of an order is not an option once the Merchandise have left our facility.
Sale of Jewelry or Watches. If you wish to purchase an item(s) of Jewelry or Watch without renting beforehand, you may do so my clicking on the “Buy For” link. If you are a member and have rented one of our items and wish to purchase it applying a portion of your rental equity please contact us. Each item of Jewelry and/or Watch is unique and must be evaluated separately. If the item is available for sale, we will contact you and provide a fair market price and other terms of sale.
Warranty Disclaimer. ALL JEWELRY AND WATCHES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR AFFILIATES OR SUPPLIERS MAKE, AND WE EACH HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE JEWELRY OR WATCHES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES OR SUPPLIERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (EACH, A “HAUTE VAULT PARTY”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM ACCESS TO OR OTHER USE OF THE MERCHANDISE, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. In such case, the aggregate liability of the Haute Vault Parties shall be limited to the lesser of (i) one hundred dollars ($100.00), or (ii) the amount of rental fees paid as of the selected date giving rise to such cause of action occurs.
Indemnification. You agree to indemnify, defend, and hold each Haute Vault Party harmless from and against any and all third party claims, liabilities, damages, losses and expenses (including without limitation taxes, reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with your failure to pay applicable taxes, breach of this Agreement, or your access to or other use of any Merchandise.
Force Majeure. In no event shall we be liable for any failure or delay in performance of its obligations hereunder if such failure or delay is due to causes beyond our reasonable control including, but not limited to acts of God, fire or explosion, war, invasion, riot, or other civil unrest, governmental laws, orders, restrictions, actions, embargoes, or blockages, national or regional emergency, failure of common carriers including Federal Express, and injunctions, strikes, lockouts, labor trouble, or other industrial disturbances.
No Assignment. You may not assign or otherwise transfer this Agreement, your Membership or any of your rights or obligations hereunder to any third party.
Governing Law and Jurisdiction. This Agreement, and all matters arising directly or indirectly from this Agreement, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of Florida, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated, signed and maintained in printed form.
Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of this Agreement, and that provision and this Agreement generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in this Agreement.
Entire Agreement. This Agreement constitutes the entire agreement between you, the member, and us, Haute Vault, with respect to the subject matter contained herein, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you, the member, and us, Haute Vault, with respect to such subject matter.
BY CLICKING ON THE “I AGREE” BUTTON, I ACKNOWLEDGE THAT
I HAVE READ, AND AGREE TO BE BOUND BY, THE TERMS OF THIS AGREEMENT.