Below are the terms and conditions of renting a headdress, fascinator or bundle of designer accessories from Nicole Carter.
Please read all details below and contact Nicole if you wish to proceed with a rental. She will send you the official contract by email.
Rental Agreement Terms
These terms and conditions (the “Agreement”) are a legal agreement between you (“You” or “Your”) and Nicole Carter (“Nicole Carter”, “we,” “us,” or “our”), establishing terms and conditions under which You will submit information to, and rent Designs (each a “Product” and collectively, “Products”).
The lessee agrees to lease Products from Nicole Carter (“NC”), and to pay the Rental Fee, and other fees, damages, costs and other payments specified therein, including (without limitation) any late fees or liquidated damages. By signing this agreement you acknowledge that you have read the following terms and conditions carefully and in their entirety. If you do not agree to the terms, do not sign this agreement or move forward with your order.
All NC rentals are subject to the following terms and conditions. Please review thoroughly before acknowledging the Rental Terms and Conditions Agreement Form. In these terms and conditions, “RD” or “we” or “us” or “our” refer to Nicole Carter; “Lessee” or “you” or “your” refer to the client leasing the Product as indicated in this contract.
1. Rental Fees; Rental Fee; Cancellations
Rental Fee – The rental fee (“Rental Fee”) for the Products will include the rental fee and delivery charges associated with Your rental of the Products. The Rental Fee is due upon shipment or pick up of the Design(s). The Rental Fee is to be considered non-refundable. Rental fees are usually a flat rate (unless otherwise stated in this agreement) and are calculated as follows:
- Large Headdress – $50
- Large Fascinators – $30
- Small Bundle (3 items) – $15 (clips, accessories, jewelry)
Rental Fee – You will receive a “Rental/Late Fee Form” prior to your rental start date. You acknowledge that you are required to complete the “Renal/Late Fee Form” in order to have your rental delivered to you. By completing the rental/late fee form, you hereby authorize Nicole Carter to charge your payment card up to an amount equal to the entire original retail value of that Design(s) set forth in the Rental Agreement form; provided that we will only charge your payment card for an amount greater than the Rental Fee in the circumstances set forth in Section 2 below. If you fail to complete the form, your order will not be delivered to you and will be considered fulfilled.
2. Late Fees; Damages
Late Fees – If the Product is not delivered to the drop off location or return shipper on or before the Return Date and Time specified in the Rental Agreement, then Late Fees shall be due and payable by you in addition to the Rental Fee and any other amounts payable under this agreement. Late Fees will be determined by postmark date or tracking date of the package being returned. Late Fees will be calculated as follows:
Such Late Fees will be deducted from the payment card indicated on your Rental/Late Fee form. You agree and acknowledge that the Late Fees are not intended to be punishment or penalty, but are intended as compensation for us for loss of sales and reputation due to unavailability of Product. Furthermore, our ability to make Product available to rent to other clients depends on the timely return of rented items. Late returns may prevent us from having sufficient time to clean, repair (if necessary), and re-ship the Product to the next client. We would not be able to commit to having Product available to upcoming clients until the items are in our possession and available for preparation for shipment or delivery. For these reasons, you agree that the amounts reflected in calculation of the Late Fees are reasonable compensation to us in the event of a late return. Additionally, if any Products are not returned within 7 days after the designated Return Date, you will be liable to us for Liquidated Damages as provided in the agreement.
Liquidated Damages – The Product shall remain titled to RD at all times, except as provided in this paragraph. Shipping insurance will be provided for delivery to and from you. We are not able to provide insurance for the loss or theft while the Product is in your custody. Any claims regarding the loss or theft while the Product is in your custody may require filing of police reports and/or other legal affidavits. If the Product is returned to us at any time for any reason other than within 7 days after the Return Date, we will have the right to require payment in the form of the payment card indicated on your Rental/Late Fee Form. This additional amount will be the remainder of the retail value of the Product as Liquidated Damages. If this right is exercised, we will refuse the return of the item(s), and You will acquire receipt of purchase for item(s) from Us. You agree and acknowledge that the Liquidated Damages are not intended to be a punishment or penalty, but are intended as compensation for us for loss of sales and reputation due to unavailability of Designs.
Damage to Product – You acknowledge that each item you are renting from us is a high value item and you pledge to treat it as if you own it. A minimal amount of wear may occur with a rental use consistent with wearing handcrafted Designs during a photoshoot or event. If any Design(s) are damaged, shows abnormal signs of wear, or is abnormally dirty or encrusted with any foreign substance, we will have the right to charge the payment card indicated on your Rental/Late Fee Form for the full cost of repairing or cleaning of the Design(s). You may be liable for additional damage fees, the amount of which is left to our sole discretion based on the extent of the damage or repairs.
3. Design(s) Care; Shipping
Design(s) Care – Each Design will be thoroughly inspected before delivery to you. While in your possession, we expect you to handle Designs with the utmost of care. In the event that any piece of jewelry requires special handling or care, such information will be provided to you at the time of the Damage Deposit Form, at which time you will be required to acknowledge your understanding of the provisions.
While in your possession, all risk of the Designs being lost, stolen, or damaged is yours. You are solely responsible for being aware if any materials in the Designs cause you or any wearer any kind of skin or other physical reaction. NC may not be held liable for any injury caused due to any reaction or ailment resulting from wearing any Designs.
4. Shipping; Customer Pick Up/Drop Off
Return by Shipper – You shall ship all Designs back to us on the return date specified in the Rental Agreement. The jewelry must be re-packaged in its NC shipping box. You will affix the return shipping label provided in the box by TBC. The package shall then be presented to the selected shipper for return shipment. You will not be required to purchase shipping insurance.
Customer Pick Up – You will pick up your order from the location and on the date agreed upon between parties. NC will not be responsible for orders unfulfilled due to failure to pick up.
Customer Drop Off – You will return your order to the location agreed to upon parties at the time or prior to the time and date indicated. Failure to return the product as described above will result in the application of Late Fees and when applicable, Liquidated Damages as outlined in Section 2.
5. General; Liability
Artist Credit – Nicole Carter must receive credit for the work published online or in print. Nicole Carter must receive digital or hard copy images of any published images that feature the designs and has the right to use those images as they see fit.
Sales Taxes – Applicable taxes imposed on us in connection with lease of Designs shall be added to the Rental Fee and shall be payable by you.
Unavailability – If the Product you have reserved becomes unavailable for any reason, we will contact you to discuss alternative Products. If we cannot agree on an alternative solution, we will refund all fees payable by you, including the Rental Fee.
Cancellations – All cancellations must be requested in writing. Cancellations more than 3 days prior to your Event Date/Pick Up date will forfeit your Rental Fee only. Any applicable shipping fees will not be charged. Cancellation is not possible after your Products have been shipped or delivered.
Entire Agreement – This agreement is the entire agreement of the parties relating to the rental of Designs from Nicole Carter.