Welcome to the Something Borrowed website, www.somethingborrowedbride.com (the "Website" or the "Site") owned and operated by Something Borrowed. These terms and conditions (the "Terms") govern your use of the Site and are a legal agreement between you ("You" or "Your") and Something Borrowed, ("Something Borrowed," "we," "us," or "our"), establishing terms and conditions under which You will submit information to, and rent (“rent” or “borrow”) or buy veils and accessories (each a “Product” and collectively, "Products") and receive related services ("Services") from, Something Borrowed via our Website.
BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON OR ORDERING THE PRODUCT(S), 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 CLICK THE “I ACCEPT” BUTTON AND YOU WILL NOT BE PERMITTED TO RENT OR BUY THE PRODUCTS. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT AT ANY TIME, WITHOUT PRIOR NOTICE, AND AT OUR SOLE DISCRETION. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THESE TERMS WHENEVER YOU USE OUR SITE BECAUSE BY VISITING THE SITE, YOU AGREE TO ACCEPT ANY SUCH CHANGES.
We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
No material from the Site may be copied, reproduced, manipulated, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, typeface, artwork, images, photographs, graphics, videos, music, sound, messages, graphs, software and the HTML used to generate the pages and other material (collectively, "Content"), is protected by and subject to trademark, service mark, trade dress, copyright, and/or other intellectual property rights or licenses held by Something Borrowed, one of its affiliates, or by third parties, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Something Borrowed owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.
Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, remove, delete, augment, add to, license, post, transmit, participate in the transfer or sale, lease or rental of, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Something Borrowed.The Something Borrowed Service
The Service allows You to access the Site and purchase or rent/borrow products from Something Borrowed in accordance with these Terms. However, we reserve the right to limit the number of items that a member may rent/borrow at any time and/or to require the return of any or all rented/borrowed items in your possession in the event you fail to make required payments on time or in the event other factors arise which, in our sole discretion, increase the risk of non-timely payment by you. The borrowing rates, are outlined in detail on the Site. Also, the current shipping policies governing the delivery and return of products are detailed on the Site.
All deliveries will be through Something Borrowed’s shipping partners, which may change from time to time at the Company’s discretion. The shipping method used will be at the discretion of Something Borrowed. The Products can be delivered to you until 8:00 pm on your rental start date. The Products will be cleaned and delivered ready to wear. We clean and inspect each product with the utmost care, but use of the product is at your own risk and Something Borrowed shall not be held liable for any health-related complaints associated with a product rented from our Site.
Products may appear different in color and style than the photos displayed on our Website. Although Something Borrowed has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor or phone of the user, and Something Borrowed cannot guarantee that the user's monitor or phone will accurately portray the actual colors of the products.
You may request free fabric swatches. Click on Request Fabric SwatchBorrow/Rental Fees, Billing & Cancellations
The borrow or rental fee (“Borrow Fee” or “Rental Fee”) for the Products will be the rental fee and delivery charges listed on the Website in connection with Your rental of the Products. Upon Your reservation or order for a Product, You hereby authorize us to charge Your credit card for the Rental Fee. We will charge your credit card immediately when you reserve your product, however you can cancel up until 20 days before your first rental date for a full refund. Orders are subject to verification and acceptance before shipping. We are not responsible for typographical errors.
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. In addition, at the time of Your order of a Product, You hereby authorize Something Borrowed to charge Your credit card for the entire original retail value of that Product (when new) set forth on the Website, plus sales taxes; provided that we will only charge the Retail Value in the circumstances that have been stated in the Terms. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by Something Borrowed, shall be paid by You to Something Borrowed in connection with Your order for the rental.
If Something Borrowed does not receive payment from your credit card provider or if your credit card is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services and you authorize Something Borrowed to charge outstanding fees and other amounts due us against any credit card you have on file with us. Something Borrowed reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees. Something Borrowed reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
You may cancel Your order for Products at least 20 days prior to the ordered delivery date with no charge. If cancelled within 19 days prior to the ordered delivery date, there will be a $5.00 restocking fee for each product reserved/ordered. If you choose to cancel your reservation/order contact customer service by phone 1-651-900-0887 or email at email@example.com.Damage Fees
You agree to treat the Products with great care, as if it was borrowed from Your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, stains, rips/tears/holes or any other cause. Please note that if there is even the tiniest rip/tear/hole, we are generally not able to use the item again.
We will replace missing beads and gem stones and other minor damage. If You return a Product that is damaged and we cannot use the product again, then You agree that we shall charge You, and You shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.Shipping
Upon delivery, You bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, Something Borrowed does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Something Borrowed is not to be held liable. Our liability to You for failure to deliver the Product as ordered is limited to the timely delivery of Product as ordered or a refund of the Rental Fee (excluding delivery charges) as determined by us.Returns, Extensions & Late Fees for Borrowed Items
If You are not satisfied with your Product and if the Product has not been worn, then You may return the Product to us within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting us via email or phone and returning the Product in conformance with the return procedures. We will then issue you a charge back to your credit card for the full Rental Fee (less delivery charges) of the Product, so long as the Product, in our sole discretion, has not been worn.
To make your return process easy we will email you a prepaid, preaddressed return label as well as mail instructions for Your use in returning the Products to us. Return of the Product will be accomplished by You placing the Product in the initial packaging used by Something Borrowed and placing the package in any appropriate UPS drop box by 12 p.m on or before the date that the Product is due. Drop the package off at any UPS drop box or UPS store within the United States excluding Hawaii or Alaska. If You lose the Return Packaging, You will be responsible for replacing the return packaging and ensure that the goods are not damaged during the shipment.
Include the return instructions in the package when returning the item. If you do not have the packing slip, please include your name and billing address.
You may extend your order past five (5) or ten (10) days for a Product by calling or emailing customer service. The fee for each additional day after 10 days, is determined per Product. You must contact customer service about extending the Product at least two (2) days before your original return due date and pre-pay the additional Rental Fee applicable to that Product for the period of time of the extension.
If You return the Product late or not at all, a late fee of $20.00 per day will be charged to You, and You agree to pay such fees, up to the Retail Value of the Product.
We will not charge You for more than the Retail Value plus the Rental Value, in the aggregate, for any charges arising, excluding collection costs. If You pay us the full Retail 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 charges for the Retail Value.
Returns for Bought Items
Something Borrowed gladly accepts returns of unworn and undamaged merchandise purchased for a full refund (less shipping) within 10 days of the date you received the product. After 10 days, it is a final sale. Custom orders are bought items and cannot be returned. Custom orders are final sale.
Disclaimers and Limitation of Liability
Something Borrowed publishes information on its Site as a convenience to its visitors. While Something Borrowed attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Something Borrowed Products described in the Site may not be available in your region. Something Borrowed does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." SOMETHING BORROWED DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOMETHING BORROWED DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOMETHING BORROWED MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Something Borrowed makes no warranties of any kind regarding any non-Something Borrowed sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Something Borrowed makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Something Borrowed sites. Something Borrowed does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL SOMETHING BORROWED, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING OUT OF THE PRODUCTS OR SERVICES OR FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF SOMETHING BORROWED OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
SOMETHING BORROWED’S (AND ITS SUPPLIERS’ AND LICENSORS') 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.
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. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.Indemnity
You agree to defend, indemnify and hold Something Borrowed, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your use of any products on the site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.General Information
These Terms constitute the entire agreement between you and Something Borrowed and govern your use of the Site, and they supersede any prior agreements between you and Something Borrowed. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Something Borrowed may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Something Borrowed's sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between Something Borrowed and you as a result of this Agreement or your use of the Site. Any claim or cause of action you may have with respect to Something Borrowed or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of Something Borrowed to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Minnesota, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of Minnesota.
You may not assign the Terms or any of your rights or obligations under the Terms without Something Borrowed's express written consent. The Terms inure to the benefit of Something Borrowed's successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Something Borrowed 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.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Us page.
Last Updated June 22, 2011