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- Acceptance of Terms and Conditions.
The Terms and Conditions listed herein govern your use of The Purse Affair website, any other such or successor domains that The Purse Affair may make available, own, operate, acquire or use from time to time, and all services and sales of products provided by The Purse Affair. By using or accessing this Site, you acknowledge and represent that you have read and understand these Terms and Conditions and you agree and accept to be legally bound by this agreement between you and The Purse Affair. This Agreement sets forth the terms and conditions governing your use of this Site and your access to and use of the information, content, and services, and may be amended or supplemented from time to time.
- Modifications to the Agreement.
The Purse Affair reserves the right, at any time and from time to time, upon notice to you via email, to update, revise, supplement or otherwise modify this Agreement, to impose new or additional policies, rules, terms or condition on the use of this Site and Service, or terminate the Agreement. Such updates, revisions, supplements, modifications and additions shall be effective immediately, and you agree that your use of the Site and Service after notice of change shall be deemed to conclusively indicate your acceptance of any and all such additional terms. If you do not agree to these modifications as they may occur, please arrange to terminate your account by (a) informing us via email at customerservice@thepurseaffair.com; and (b) immediately returning all outstanding items, settle any outstanding balances, and discontinuing your use of the Service and Site.
- The Purse Affair Service.
The Service allows registered members to access the Site and purchase or borrow products from The Purse Affair in accordance with these Terms and Conditions. Members can choose products to borrow from our expansive on-line selection, and have them shipped to the member's address. All of this with no due dates or limits on the number of times a member can borrow. However, we reserve the right to limit the number of items that a member may borrow at any time and/or to require the return of any or all 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.
Delivery is usually done on the next working day, at a time which you indicate during the check-out process. In extraordinary circumstances where delivery cannot be made on the next working day, The Purse Affair will notify you and discuss alternative delivery times. The rental period will only commence when the bag has been delivered.
- Acceptable Use of Service
You agree that any duplication, downloading, publishing, modifying or other distribution of the material on this site for any purpose other than your own individual use is prohibited, unless otherwise authorized by The Purse Affair.
- Accurate Information
You agree to:
- Provide accurate, complete and current information as required to complete the registration form and at any other time as may be required or requested; and
- Maintain and update this information as required to keep it current, complete and accurate. You agree not to falsify or use a misleading name or a name that you are not authorized to use. If The Purse Affair has reasonable grounds to suspect that any given information is untrue, inaccurate, not current or incomplete, The Purse Affair has the right to suspend or terminate your account, refuse any and all current or future use of this service and site, and pursue any appropriate legal remedies.
- Becoming a Member and Obtaining an Account.
Before you can begin use of this service, you must register as a member through the site and obtain an account. By registering as a member, you give us permission to obtain personal information from you. You must be 18 years of age or older to register as a member and use this service.
You are responsible for all of your activities and all of the content that you post on this site. You are responsible for your communication content and transmissions. You represent and warrant that any information you post or provide to The Purse Affair by means of this site, including, without limitation, as part of any registration or application or to gain access to any services, is true, accurate, not misleading and offered in good faith. Any information disclosed to you via the service including, without limitation, any content in any personalized areas of this site, may be used only for its intended purpose. You are expected to exercise caution, good sense, and proper judgement in using the service.
- Maintaining your account is your responsibility
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for any activity related to your account. You agree that The Purse Affair will not be responsible for any losses incurred in connection with any misuse of your account. If you suspect any unauthorized use of your account, notify us immediately.
- Use of Cookies
In order to provide you with ease of access to your account, the site places a cookie (a small text file) on the computers from which you access the site. When you revisit the site, this cookie enables us to recognize you as the account holder and allows you to access your account more easily.
- Billing.
All billing transactions on this site are conducted through PayPal, a third-party operator which will require your credit or debit card information and will store this information as required on their servers. The Purse Affair does not require any credit or debit card information and does not collect or store any such information from you.
By signing up for this service, you authorize The Purse Affair or its agent to bill your credit card the applicable per-item or borrowing fees, any and all applicable taxes, and any other charges you may incur in connection with your use of the service.
If The Purse Affair does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to place a deposit before continuing to use the service, and you authorize The Purse Affair to charge any outstanding fees and other amounts due us against this deposit. The Purse Affair 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. The Purse Affair 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.
We may modify the price, content, or nature of the service at any time. If we modify any of the foregoing terms, you may cancel your membership. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the site.
- Rental Period and Recurring Payment.
Bags are rented on either a weekly or a monthly basis. You hereby agree that it is solely your responsibility to notify The Purse Affair for collection if you have decided not to extend the rental period. Each member agrees to notify The Purse Affair either by phone or email or through the site on the 6th day from the receipt of the product if no extension is required. Failures which you agree that The Purse Affair will proceed to deduct from the member’s account another payment of weekly rental.
- Security Tags.
Each product is security-tagged in a discrete location. These security tags will not in any way detract from your usage of the bag. If these security tags are deemed to have been tampered with, or if they are damaged or removed, the bag will be deemed as damaged beyond repair and the full cost of the bag shall be borne by you.
- Damaged / Lost Products and Non-Payment.
If you return a product in a damaged or dirty condition that exceeds normal wear and tear, as determined by The Purse Affair in its sole discretion, you agree that The Purse Affair may charge your credit card and collect a replacement fee for such product. The product replacement fee varies depending on the specific damage or extent of repair on each bag or other item. If The Purse Affair deems that the damage is extensive beyond repair, or has been advised as such, the full cost of the bag shall be borne by you.
In the case of a failure to pay any debts or to return any item(s) when due to The Purse Affair, you will be liable to The Purse Affair for its actual damages, including but not limited to the then-current rental payment for each item until said item is received by The Purse Affair in an undamaged condition. If said item has not been returned in an undamaged condition before the expiration of 90 days after the date of default, then The Purse Affair at its option may alternatively charge you the recommended retail price as maintained by The Purse Affair for that item, plus 90 days rent from the date of default, or seek to recover the wrongfully-retained item plus all rent owed to the date of recovery of the undamaged item. If suit is filed, The Purse Affair may assert these measures of damage simultaneously. If an item is not recovered, or if it is recovered in a damaged condition, then The Purse Affair will charge you the recommended retail price as maintained by The Purse Affair for said item, plus 90 days rent from the date of default.
The Purse Affair expressly reserves its right to seek additional elements of actual damages other than those expressly identified above.
- Cancellation.
You may cancel your membership at any time by contacting us by phone, email or the contact form on this site. Before cancellation, you must return all borrowed bags and/or any other items and have settled any and all outstanding payments owed to us. Upon request of your cancellation request, we will terminate your account accordingly once we have determined that you have returned all borrowed bags and do not currently have any outstanding payment due to us.
- Privacy.
Any information submitted on the site is subject to our Privacy Policy. Please review our Privacy Policy carefully.
- Disclaimer of Warranties; Limitation of Liabilities.
The service (including the products provided under the service or purchased through the site), and the Site and its contents, are provided "as is"; The Purse Affair makes no representations or warranties of any kind with respect to the Service, products provided with or sold by the service, the site, or any contents therein. The Purse Affair assumes no liability or responsibility for any errors or omissions in providing the service or in the content of the site, any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the site, any losses or damages arising from the use of the content provided on the site, goods or services provided by The Purse Affair, or any conduct by users of the Site. The Purse Affair reserves the right to refuse to deliver products in its sole discretion. THE PURSE AFFAIR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. In addition, The Purse Affair does not represent or warrant that the information on or accessible via the site or through the service is complete or current.
- Indemnity.
You agree to indemnify and hold The Purse Affair, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions.
- Termination of Service.
You agree that we, in our sole discretion, may terminate your password, account, or use of the service or the site, and remove and discard any of your submissions from the site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Also, we may, in our sole discretion and at any time, discontinue providing the service or the site, or any part thereof, with or without notice. You agree that any termination of your access to the service or the site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your account and all related information and submissions made from your account and bar any further access to such information or to the site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the service or your access to the site.
- General Information.
The Purse Affair's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the site or the service, you consent to receiving electronic communications from The Purse Affair. These communications will include notices about your account (e.g., shipping and receiving emails and other transactional information) and information concerning or related to the service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The Purse Affair is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms and Conditions comprise the entire agreement between you and The Purse Affair and supersede all prior agreements between the parties regarding the subject matter contained herein.
Effective June 1, 2009.
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