This website is operated by IndieFaves. Throughout the site, the terms “we”, “us” and “our” refer to IndieFaves. IndieFaves offers this website, including all information, tools and services available from this site to you, the user, based your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing and/ or renting something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.SECTION 2 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.SECTION 6 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.SECTION 7 - RENTALS
The following additional conditions apply to the rental of any product.
The rental fee (“Rental Fee”) for the product will be the total of the rental fee, any applicable insurance charges and delivery charges listed on the IndieFaves site for your rental.
When you place your rental order, you hereby authorize IndieFaves to charge your payment card for the rental fee.
IndieFaves will charge your payment card the amount of the rental fee immediately upon your rental order.
A reservation of a product on the site 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 rental order for a product, you hereby authorize IndieFaves to charge your payment card for an amount equal to 100% of the original retail value of the product (when new) set forth on the site as the ‘Retail Value’ plus applicable sales taxes; provided that IndieFaves will only charge your payment card for an amount greater than the rental fee in certain cases as described in sections below.
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 IndieFaves, shall be paid by you to IndieFaves in connection with your rental order.SECTION 8 - CANCELLATION POLICY
You may cancel your rental order subject to the following cancellation fees and policies:
If your order is successfully cancelled within the approved timeframe, you will receive a rental fee refund within 3 to 5 business days in accordance with the policies below. Any deposit paid will always be refunded in full to the original form of payment.
Orders cancelled over 30 days before delivery date will result in 100% rental fee refund in the form of the original payment. Any deposit paid will be refunded in full to the original form of payment.
Orders cancelled between 30 days and 7 days before delivery date will result in a credit being issued back to your account for the full rental fee for use in the future. Any deposit paid will be refunded in full to the original form of payment.
Orders cancelled less than 7 days before your delivery date will incur a cancellation fee of 50% of the rental fee paid for keeping the item reserved and keeping others from renting it. Any deposit paid will be refunded in full to the original form of payment.
Custom orders cannot be changed or cancelled.
Cancellation is not an option once the item has left our facility and/or been shipped.SECTION 9 - SECURITY DEPOSITS
Please note our security deposit policy below:
To help protect IndieFaves against loss, damages or theft, we require a security deposit approximating 50% but not exceeding 100% of the retail value of all products rented within a single order.
You will be notified of the security deposit at the time of your rental reservation. If you do not agree to the payment of the security deposit, you may cancel your order. You will have the option of cancelling or continuing your rental reservation.
If you continue the purchase, it will be considered an agreement to pay the security deposit. However, the deposit will not be charged until you authorize the transaction, about a week before the rental date.
If you do not agree to the payment of the security deposit, you may cancel your order at the time of authorization of the security deposit. However, you may incur a cancellation fee of 50% of the rental fee paid for keeping the item reserved and keeping others from renting it, as per our cancellation policy if the cancellation occurs 7 days or less before your delivery date.
For orders placed where the delivery date is less than 7 days away a security deposit may be payable immediately upon item reservation.
Please note that in case a security deposit is not authorized and paid even after a result of multiple reminders, your order will be automatically cancelled and a 50% refund of the rental fee will be issued back to your original form of payment.
If your method of payment is declined to allow the reserve for the security deposit to be applied, we will regard the order cancelled and a 50% refund of the rental fee will be issued back to your original form of payment.
The security deposit will be released upon return of the product in the same condition as when delivered to you as provided in these Terms Of Service.
Any late fees/damage fees/additional fees or charges due as provided in these Terms of Service will be deducted from your security deposit or additional fees up to 100% of the original retail value of the product charged to your credit card.SECTION 10 - RETURN PACKAGING
With the delivery of the rental items, IndieFaves will provide you with a pre-paid, pre-addressed IndieFaves mailing envelope as well as instructions for returning the products to IndieFaves (“Return Packaging”).
You must return all products in the original packaging with tags etc.SECTION 11- RECEIPT OF THE PRODUCTS
Upon delivery, you bear responsibility for all the product(s) in your order.
You agree to bear responsibility for receipt of products shipped to the location specified at time of check out.
You acknowledge that a secure shipping address is highly recommended, i.e. a location where an individual can physically receive product(s). In the event that an un-secure shipping address is provided, IndieFaves does not bear liability for products left unattended.
You also acknowledge that providing anything other than a secure shipping address may result in delivery delays and additional delivery fees for which IndieFaves will not be liable. You will be liable for all such delays and additional delivery fees.SECTION 12- USE OF THE PRODUCTS
You agree to treat the rentals with a lot of attention and care.
You are responsible for loss, destruction or damage to the products including theft, disappearance, stains or any other cause, other than normal wear and tear.
Normal wear and tear encompasses minor stains, or other minor damage. 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 for repairing or replacing the product, as determined in our discretion, up to the original retail value of the product.SECTION 13 - RETURNS AND EXTENSIONS
You agree to return the items on or before the return date for the products.
You may extend your order by Contacting Us.
Extensions will depend on the other orders or reservations for the product and to the pre-payment of the additional rental fees applicable to that product for the period of time of the extension.
You must return the product by delivering the item in the original USPS or UPS store located (based on the shipping label) in the United States by 5 p.m. on or before the date that the item is due. This ensures that your package will be scanned by the courier service by the next day and returned to IndieFaves on time.
IndieFaves will not be responsible for additional fees incurred due to international shipping.
We are not responsible for any personal or other items left in the package or which are returned to IndieFaves in the return package. If you believe you have sent us any such items, please contact our client services dept. as soon as possible at firstname.lastname@example.org. Our staff may assist with locating such items but are not obligated to and assume no liability for doing so.
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 IndieFaves, shall be paid by you to IndieFaves in connection with your rental order.SECTION 14 - LATE FEES
If you return the products late or not at all, a late fee of twenty five dollars ($25.00) per day 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 IndieFaves for every day that you are late returning the items, and you agree to pay such late fees, up to an amount not to exceed 100% of the retail value of the item (when new) plus applicable sales tax (plus the rental fee).
The late fee is payable for each order of items not returned when due, not for each product that is the subject of the order that is late. For example, if you rented two items in one order, you will be charged $25 per day, not $50 per day in late fees.
If you have not returned a product within ten (10) days after the return date for the product (unless otherwise we are informed), your late return will be considered a non-return and IndieFaves will charge your payment card the maximum penalty set forth, which is 100% of the retail value of the item (when new) plus applicable taxes, less any late fees that you have already paid.
IndieFaves will not charge you for more than an amount equal to 100% of the retail value plus the applicable taxes and the rental fee. If you pay IndieFaves an amount equal to 100% of the retail value plus taxes, and you still possess the item, the product is yours to keep, though without any warranty of any kind.
Your deposit will be used towards your late fees if an item is not returned on time.
Please note that the rental fee is charged separately and in addition to any other charges payable by you.SECTION 15 - LOST RETURN PACKAGING
If you lose the return packaging, you will need to Contact Us and request another shipping label but you are still responsible for the cost of packaging, and expected to return the item by the return date.
Emails and calls made before 3 p.m. EST will be answered and labels sent the same day.
Emails and call after 3 p.m. EST will be considered late and a late fee charged for any delay in sending items after the last day of return.
IndieFaves pays for all rental returns. The date to send back your rental items is stated in your online invoice. To avoid a late fee please send back the products you rented in the return packaging provided to you by IndieFaves.
Please note that you are liable for any late fees incurred, regardless of any third party involved with the return. Do not leave your rentals with any third party (hotel, mail room, friend) for return.SECTION 16 - LIMITED WARRANTIES
We provide the following warranties in connection with your item rentals. IndieFaves’ liability is limited to timely delivery of items conforming to the warranties or a refund of the rental fees and deposit.
We will deliver the products that you purchased or rented, including the specific size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the item is damaged beyond repair by a prior rental, or there is an unexpected event that prevents timely delivery. In such event, we will make reasonable efforts to notify you of the unavailability of the item.
If we are able to reach you, you will get the choice of any available rental item to replace the unavailable item
If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value, even though the items may appear different in color and style.
It is our promise that the products will be professionally cleaned and delivered ready to wear. We clean and inspect all item with the utmost care. However, use of the item is at your own risk and IndieFaves shall not be held liable for any health-related complaints associated with any item.
If your item does not fit you, please Contact Us within 24 hours (excluding Sundays and holidays) from the delivery date to initiate a return and request a replacement product. If we are unable to provide a placement in the needed time frame we will ask you to choose another product or issue you a credit for the full rental fee and any applicable deposit. This will only apply to products not worn or damaged.SECTION 17 - SALES
The following applies to the sale of products on IndieFaves:
All new products shall be shipped directly from the designer.
You must inform us of any damaged products immediately upon delivery, preferably with pictures.
The purchase price for the products listed on our site in connection with your purchase is subject to change.
We, IndieFaves, reserve the right to change the price, discount, availability or options available for any item at our discretion and without notice.
Upon purchase of a product, you hereby authorize IndieFaves to charge your payment card for the purchase price.
We will charge your payment card the full amount of the purchase price immediately upon purchase price.
Please note that all purchase prices exclude all federal, state and local taxes, GST, fees, any custom duties, levies and other government assessments, all of which shall be paid by you or reimbursed to IndieFaves as necessary.SECTION 18 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.SECTION 19 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsements. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.SECTION 20 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.SECTION 21 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.SECTION 22 - PERSONAL INFORMATION
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.SECTION 24 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.SECTION 25 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall IndieFaves, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.SECTION 26 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless IndieFaves and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.SECTION 27 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.SECTION 28 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).SECTION 29 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.SECTION 30 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California.SECTION 31 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.SECTION 32 - CONTACT INFORMATION
For questions about the Terms of Service, please Contact Us.