This Customer Rental Agreement (this “Agreement”) is a legal agreement between you, the customer, (“you” or “your”) and HARTTER | MANLY LLC (“H|M,” “we,” or “us”), establishing the terms and conditions under which you will rent tuxedos, suits, accessories, and other items (each a “Product” or “Products”) and receive related services from us through our website at www.harttermanly.com.
Before you click on the “Place Order” button, carefully read this customer rental agreement.
The following policy applies to rental orders only. Rental orders are those that are checked-out/reserved as “Rent” or “Rental” on our website. To see our policies for retail purchases please review Terms & Conditions and Guarantees & Returns.
The rental fee (“Rental Fee”) for the Products will cover the fee for rental of the product including an Accidental Damage Waiver (defined below), taxes and any other associated charges detailed on the checkout page of our website in connection with your rental order. Upon placing your order for Products, you authorize us to charge your credit card for the Rental Fee. We will charge your credit card the amount of the Rental Fee immediately upon you clicking “Place Order” on our website. You represent that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described herein. A reservation or future order for a Product on our website is an order for the rental of that Product once the “Place Order” button is clicked, no matter how far in advance the order is placed. In addition to the Rental Fee, you further authorize us to charge your credit card for any Rental Extension or Unreturned Fee (each defined below), or other damage amounts as set forth herein.
We will ship the Products and sizes as requested by you through our website ordering system. When you receive the Products you ordered, you should immediately inspect and try on the Products. If any item does not fit, you must notify us within 48 hours of order delivery, and we will ship you a replacement item at no additional cost to you. If your replacement request is made after 48 hours you will be charged the cost of shipping the Product(s).
HARTTER | MANLY authorizes you to have a tailor make minor adjustments to the jacket sleeve length and / or pant length, provided that you follow our Rental Tailoring Instructions. After the altered Product is returned and we determine that you followed the Rental Tailoring Instructions, we will refund your account for the cost of such alterations, as specified in the receipt from the tailor, up to $15 per garment (jacket and pant only). A photo of all alteration receipts must be sent within 30 days of your event date.
Try on your garment within 24 hours of delivery. If for some reason your order doesn’t fit, we got you covered. Here are your options:
You may cancel your order at least twenty-one (21) days prior to your event date, subject to the following cancellation process: (i) For cancellations that are forty-five (45) or more days in advance of such event date, no cancellation fee is charged and the Rental Fee is fully refunded; and (ii) For cancellations that are less than forty-five (45) days in advance of such event date, you will receive full credit of the Rental Fee amount that can be applied to a future HARTTER | MANLY order within one (1) year of your original event date. Cancellations where the original event date has been updated after initial checkout are not eligible for refunds.
Your rental order will be shipped to you through a shipping partner, and will be scheduled to arrive at least 14 days prior to your event date. We only ship to a verified United States Postal Service residence, office or hotel street address within the contiguous U.S. (we cannot ship to a P.O. Box). All orders are shipped in a high-quality corrugated box.
To return your rental, just pack everything back into the original box. Then peel off the shipping label along the perforated edge to reveal the prepaid return label underneath and take the box to your nearest UPS location. We do not ship outside of the contiguous U.S., nor do we permit orders to be returned from outside of the contiguous U.S. If your event order is returned from Alaska, Hawaii, or any other country, we do not reimburse for extra shipping costs or international shipping costs. Returning your order from another country will most likely incur a late return fee as customs will delay the return of your rental.
All rental orders must be shipped back to HARTTER | MANLY no later than 3 days following your event date. Any Products not marked shipped within 3 days of your event shall be deemed as needing a rental extension. A “Rental Extension Fee” of sixty dollars ($60.00) will be charged to the payment card used to pay the rental. Any Products not postmarked within twenty-one (21) days of your event date will be considered unreturned and HARTTER | MANLY will charge your payment card for the retail value of your items at the retail price set on the website, plus applicable sales tax (“Unreturned Fee”).
If you lose the return packaging provided, contact us at email@example.com and we will send you a new label.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY PERSONAL ITEMS LEFT IN THE PRODUCTS OR THAT YOU OTHERWISE RETURN TO US IN YOUR SHIPPING BOX. WE WILL NOT REFUND (IN PART OR IN FULL) ANY ORDERS OR REIMBURSE THE COSTS OF ANY PERSONAL ITEMS YOU RETURN TO US. In the event that you accidentally return a personal item to us in your shipping box, you may submit a Lost Personal Items request and provide all necessary information to help us identify the item. We may attempt to locate any personal items you believe you have returned to us upon receiving your request, but we are not obligated to do so and assume no liability for such personal items. If we are able to locate your personal item(s), we will attempt to ship the items back to you at the address you have provided and will charge your credit card on file for the associated shipping costs. We will not be liable for any personal items that are damaged or lost in transit. Please allow up to 60 business days for us to process, locate and ship any found personal item(s) back to your desired address. We do not ship to P.O. Box addresses nor do we ship outside of the contiguous U.S. We will not return any items that cannot be legally shipped, and we will not return cash, credit cards, or debit cards. Our warehouses immediately shred any credit or debit cards that are found. Any personal items left unclaimed within seven (7) days of return will be destroyed or donated to a charity of our choosing.
If we determine that a rental Product is damaged beyond repair, or if a rental Product is not returned, you will be charged an Unreturned Fee for the item. Unauthorized alterations made to a Product will result in an additional charge to return the Product to its original size. Determination of damage is H|M’s sole discretion.
In conjunction with our rental service, we are offering the option to purchase some items at the “Rent to Keep” price. For items that qualify for Rent to Keep, you will find information in your rental order or the return email after your event detailing how to take advantage of the program. All sales from Rent to Keep are “as-is”. Garments can be returned with 14 days if necessary. The option to keep your rental is not available for all styles. If any item is kept without confirming availability for final purchase the Unreturned Fee will be charged to your credit card on file.
You are responsible for Unreturned Fees and any other damage charges collectively associated with Products you ordered and for any orders for Products initiated from your account. If we are unable to collect any fees owed by a member of an event (e.g. a groom’s wedding party), the event creator (e.g. the groom) shall be responsible for paying such fees. 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.
We do not make any representations or warranties about the Products and all disclaimers set forth in the Terms & Conditions will apply to the Products and any other activities under this agreement.
The text, graphics, user interfaces, photographs, logos, arrangement, computer code, and all other material on the Site (collectively, “Content”) are copyrights, trademarks, trade names or other intellectual property are protected by intellectual property rights and unfair competition laws and are owned, controlled or licensed by or to HARTTER | MANLY.
As part of the services we offer, we may contact your groomsmen directly on your behalf to coordinate rental services. You must have consent from each of your groomsmen to share his name and contact information with us. If you do not have such consent, please do not share your groomsmen’s contact information with us.
You represent, warrant, and agree that you will not contribute any Content or User Submission (as defined below) or otherwise use the Site or interact with the Site in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including H|M);
(b) Violates any law or regulation, including any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Site as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Mail List, Listserv, any form of auto-responder or “spam” on the Site, or any processes that run or are activated while you are not logged into the Site, or that otherwise interfere with the proper working of the Site (including by placing an unreasonable load on the Site’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Site, User Submissions or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the User Submission or Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site.
A violation of any of the foregoing is grounds for termination of your right to use or access the Site.
You may not use the Site (a) to transmit, distribute, store or destroy material in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) to transmit, distribute or store material that is defamatory, obscene, threatening, abusive or hateful. The Site may not be used for any illegal purpose or in any manner that would subject HARTTER | MANLY or any of the Site’s users to liability.
You may not use any engine, software, tool, agent, device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) or any similar or equivalent manual process, to navigate the Site, other than the search engine and search agent available from HARTTER | MANLY on the Site and other than generally commercially available third party web browsers.
You may not attempt to gain any unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any HARTTER | MANLY server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of HARTTER | MANLY, including any HARTTER | MANLY account not owned by you, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or HARTTER | MANLY’s systems or networks, or any systems or networks connected to the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not disguise the origin of any message or transmittal you send to HARTTER | MANLY on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. HARTTER | MANLY reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, (b) to modify or change the Services or any portion of the Services, and any applicable policies or terms; (c) to interrupt the operation of the Services, or any portion of the Services, as necessary.
If you post, upload or make anything available to the Site, or otherwise submit anything to HARTTER | MANLY in connection with your use of the Site, (collectively a “User Submission”), you hereby grant to HARTTER | MANLY a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, comment on, modify, create derivative works based upon, and otherwise exploit such Content and your name, image, voice, likeness and / or other biographical information or material in connection with that Content in all media formats, without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of permission from or payment to you or other person or entity. You waive any right to inspect or approve any such Content or any use of such Content.
You are responsible for all User Submissions you contribute, in any manner, to the Site, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like HARTTER | MANLY, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to learn how to report potentially infringing content, email us are firstname.lastname@example.org.
HARTTER | MANLY may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to the products and services may be out of date, and HARTTER | MANLY makes no commitment to update the materials on the Site with respect to such products or services.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
The Site, and its contents, and any products or services purchased or offered through the Site are delivered on an “as-is” and “as available” basis only, without any warranties of any nature. HARTTER | MANLY makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this site or the information, content, materials or products included on this site. You expressly agree that your use of the site is at your sole risk. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HARTTER | MANLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HARTTER | MANLY DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
To the fullest extent allowed by applicable law, HARTTER | MANLY will not be liable to you or any other person for any damages of any kind arising from the use of the site, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if HARTTER | MANLY has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
HARTTER | MANLY disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of this site and /or HARTTER | MANLY services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against HARTTER | MANLY for dissatisfaction with the site or any content is to stop using the site or any such content.
This limitation of liability is part of the bargain between the parties.
You agree to indemnify and hold HARTTER | MANLY, its officers, directors, shareholders, successors in interest, employees, agents and subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorney fees), made against HARTTER | MANLY by any third party due to or arising out of or in connection with (a) your use of the Site (including any actions taken by a third party using your account), and (b) your violation of these Terms.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without HARTTER | MANLY’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
HARTTER | MANLY makes no representation that information on the Site is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.
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