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HAPPY CRAFTERS, L.L.C.
TERMS AND CONDITIONS FOR RENTAL OF PINK PRESS
THESE TERMS AND CONDITIONS FOR RENTAL OF PINK PRESS (these “Terms”) constitute the rental agreement between you (“Customer”) and Happy Crafters, L.L.C., a Nevada limited liability company, whose address is 57 Don Knotts Blvd Suite 2, Morgantown, WV 26508 (“HC”), effective as of the date of checkout. By clicking on the “I have read the Terms and Conditions” box prior to submitting Customer’s online order, Customer agrees to be bound by these Terms, whether or not Customer has read them.
Subject to the terms and conditions set forth herein, HC hereby rents to Customer, and Customer hereby rents from HC, the Pink Press(es) shown at the “Confirm order” step during checkout (the “Press”).
1. Rental Fee and Disclaimer. HC agrees to rent to Customer, and Customer agrees to rent from HC, the Press for a price of $90.00 per pink press (the “Rental Fee”). The Rental Fee will be paid in full upon checkout and includes initial and return shipping charges. All prices and availability are subject to change without notice. HC reserves the right to cancel any order, for any reason, at any time prior to delivery.
2. Term. The rental term of the Press (the “Rental Term”) begins on the date the shipper of the Press (the “Shipper”) delivers the Press to Customer (the “Start Date”). The Rental Term expires on the earlier of (i) seven (7) days after the Start Date (the “End Date”) or (ii) the date Customer returns the Press to the Shipper in accordance with this Section 2 if Customer returns the Press prior to the End Date. The return label provided by HC to Customer must be activated with the Shipper by the End Date or the first business day following the End Date if the End Date is not a business day. HC does not guarantee a specific time or date for delivery, and any shipping time or date provided by HC is only an estimate. Use by Customer of shipping methods other than those arranged for by HC is a violation of these Terms and may result in late fees owed to HC by Customer.
3. Extended Rentals. Customer may extend the Rental Term for an additional three (3) days for an additional fee of $25.00 (“Extension Fee”) by notifying HC by phone at 1-888-888-4154 or by email at Hello@HappyCrafters.com, within the Rental Term, of his or her desire to extend the Rental Term. If the Rental Term is extended pursuant to this Section 3 (the “Extended Rental Term”), the return shipping label provided by HC to Customer must be activated with the Shipper on or prior to the third day following the End Date (the “Extended End Date”) or the first business day following the Extended End Date if the Extended End Date is not a business day.
4. Purchase of Press. Customer’s rental of the Press pursuant to these Terms qualifies Customer to purchase the Press for a discounted price. HC would be happy to discuss the specifics of Customer’s purchase in order to help Customer meet his or her crafting goals. Customer is encouraged to contact HC if, at any time during the Rental Term or the Extended Rental Term, Customer would like to purchase the Press.
5. Late Returns. In the event that (i) the return label provided by HC to Customer is not activated with the Shipper by the End Date and Customer has not notified HC of an extension in accordance with Section 3 herein or (ii) Customer extended the Rental Term pursuant to Section 3 herein but the return label provided by HC to Customer is not activated with the Shipper by the Extended End Date, Customer will be charged a daily fee of $15.00 until such time that Customer is deemed to have purchased the Press in accordance with this Section 5 (each such fee being a “Daily Fee” and collectively, the “Daily Fees”). In the event that the return label provided by HC to Customer is not activated with the Shipper within seven (7) days after the End Date or the Extended End Date, as applicable, Customer will be deemed to have purchased the Press, and Customer will be charged the then-current retail value of the Press (the “Purchase Price”). For the avoidance of doubt, the Purchase Price is equal to the then-current retail value of the Press minus (i) the Rental Fee and (ii) the Extension Fee (if applicable) and the Daily Fees. In the event of a dispute over whether Customer returned the Press, if the tracking information for the return shipping label provided by HC does not show that the Press has been transferred to the Shipper and Customer has no drop-off receipt, the Press is considered unreturned. If Customer uses a return shipping method other than the return shipping label provided by HC and the Press is lost in transit, the Press is considered unreturned.
6. Use and Ownership. Customer agrees to use the Press in a careful and proper manner and will comply with all applicable laws, ordinances, and regulations relating to use or possession of the Press. Customer agrees to use the Press only in a manner contemplated by the manufacturer. The Press remains at all times the sole and exclusive property of HC and Customer has no rights or claims to the Press, unless and until Customer has purchased and paid in full for the Press pursuant to Section 4 or 5 of these Terms.
7. Loss, Damage, and Modification. Customer hereby assumes and will bear the entire risk of loss and damage to the Press from any and every cause whatsoever from the Start Date until the Press is returned to HC by the Shipper. No loss or damage to the Press or any part thereof will impair any obligation of Customer under these Terms. In the event of damage, HC, in its sole discretion, will choose the repair method and venue, and Customer is responsible for the total cost of repair. At HC’s sole discretion, a cleaning fee not to exceed $50.00 per pink press may be charged if any matter must be removed from the Press before it is placed back into HC’s inventory. Customer will keep the Press is good repair and condition and will not modify or alter the Press in any way. In the event of any modification, Customer will be responsible for all costs of HC in restoring the Press to its prior condition. In the event a returned Press is missing parts or accessories, Customer is fully liable to HC for the replacement cost of such missing items.
8. Payment by Customer. Unless otherwise agreed to by the parties, any fee owed to HC by Customer under these Terms will be charged to Customer’s form of payment on file with HC. If HC is unable to collect any such fee, Customer will be deemed to be in Default (as defined in Section 9 below).
9. Default. The term “Default” as used in these Terms means the occurrence of any one or more of the following events: (i) Customer fails to make any payment as it becomes due; or (ii) Customer fails to perform or observe any other covenant, condition, or agreement to be performed or observed by Customer under these Terms. Upon the occurrence of a Default, HC reserves the right to pursue all available rights, remedies and privileges available to HC under applicable laws or proceed by appropriate court action to enforce these Terms or to recover damages for the breach of these Terms. The customer is responsible for any reasonable expense of HC in attempting to recover the amount owed from Customer, including, without limitation, collection fees, and attorneys’ fees.
10. Indemnification. Customer will indemnify, defend and hold harmless HC, its affiliates and their respective shareholders, members, managers, directors, officers, employees, agents and successors and assigns from and against any and all loss, cost, liability, damage, penalty, fine, judgment, claim or expense, including reasonable attorneys’ fees (collectively, “Losses”) incurred by or asserted against such parties, arising out of, connected with or resulting from the Press or the Customer’s possession, use, operation or maintenance of the Press, including, without limitation, any Losses relating to any bodily injury or damage to apparel or other property. Customer’s obligations under this Section 10 survive termination or expiration of these Terms.
11. Assignment. Without HC’s prior written consent, Customer will not assign, lease, lend, transfer, pledge, encumber, grant any security interest in, or otherwise dispose of these Terms or the Press or any interest in these Terms or the Press, or allow the use of the Press by anyone other than Customer. Subject to the foregoing, these Terms will inure to the benefit of and be binding upon the successors and permitted assigns of the parties.
12. General. These Terms shall be governed by and construed in accordance with West Virginia law without reference to its choice of law principles. These Terms constitutes the entire agreement between the parties with respect to the rental of the Press, and shall not be amended except by a writing signed by the parties. Any provision of these Terms found to be prohibited by law shall be ineffective to the extent of such prohibition only, without invalidating the remainder of these Terms. The waiver by HC of any breach by Customer of these Terms shall not operate as a waiver of any other breach.