Terms of Service
Last Updated: 1/12/2025
Welcome to EVERLUXE. These Terms of Service (the “Terms”) govern your use of our website, mobile application, and related services (collectively, the “Services”), including the rental of our luxury bag products (the “Products”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please discontinue use of our Services.
1. Eligibility
You must be at least [18] years old (or the age of majority in your jurisdiction) to use the Services.
By using the Services, you represent and warrant that:
- You have the legal capacity to enter into a binding contract.
- All registration information you submit is truthful and accurate.
- Your use of the Services does not violate any applicable law or regulation.
2. Account Registration
Account Creation
To rent any of our Products, you may need to create an account and provide accurate and complete information, including a valid payment method, shipping address, and billing details.
We may require you to submit a government-issued ID (e.g., driver’s license) or other identification documents to verify your identity, particularly for high-value rentals. By submitting these documents, you acknowledge and agree that we will collect, store, and use your information in accordance with our Privacy Policy.
Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately if you suspect any unauthorized use.
Shipping and Payment Details
Matching Name Requirement: The name on your shipping address must match the name on your payment method (e.g., credit card) to help prevent fraud. Failure to comply with this policy may lead to order cancellation or additional verification steps.
3. Rental Services
Rental Period
Our rental subscription is monthly and continues on a month-to-month basis. You may keep the Product as long as you continue paying the monthly rental fee.
If you do not return the Product by the end of the monthly rental term, your card on file will be automatically charged for the next month’s rental fee.
No Specific Due Date
Because our rentals are subscription-based, there is no singular “due date.” Each monthly cycle constitutes a renewal period.
Cancellation & Return
If you wish to end your rental, you must return the Product before the start of the next billing cycle to avoid being charged for an additional month. Detailed return instructions are provided with your order and on our website.
4. Payment & Billing
Payment Methods
By providing a payment method, you authorize us (or our third-party payment processor) to charge all applicable fees to that payment method.
Pre-Authorization Holds & Security Deposits: You agree that we may place pre-authorization holds on your payment method or collect a security deposit during the rental period to cover potential damage, loss, or theft of the Product.
Automatic Renewal
Your rental subscription automatically renews each month. Unless you cancel and return the Product before the new billing cycle, your payment method will be charged for the next month’s fee.
Closed or Canceled Cards
Continued Liability: If you close, cancel, or otherwise disable the payment card on file, you remain liable for all outstanding charges, including but not limited to additional rental fees, late fees, and replacement costs. We reserve the right to seek payment through alternative methods if your primary card is unavailable.
Late Fees & Non-Return Fees
If you fail to return the Product after cancellation or fail to communicate with us, we may charge late fees or the full replacement cost of the Product.
Debt Collection & Legal Recourse
If you fail to pay any amounts owed (including rental fees, replacement costs, damages, or any other fees outlined in these Terms) and remain unresponsive or refuse to pay, we reserve the right to refer the matter to a third-party collection agency or pursue legal action to recover owed amounts. This may include reporting delinquencies to credit bureaus.
5. Use of the Products
You agree to treat the Products with reasonable care. Our rental coverage extends to normal wear and tear, but you are responsible for any loss, destruction, or damage to the Products for any reason, including theft, loss, disappearance, fire, major stains, or any other cause.
Normal Wear and Tear: Minor stains, rips, missing beads, stuck zippers, or other minor damage that can be easily remedied.
Beyond Normal Wear and Tear: If you return a Product with damage that exceeds normal wear and tear, you hereby authorize us (or our third-party payment processor) to charge your Payment Method for the repair or replacement cost, up to the Product’s Original Retail or Comparable Value, as determined at our discretion.
6. Loss, Damage, or Non-Return
Loss or Theft
If the Product is lost or stolen during your rental period, you authorize us to charge your Payment Method for the full replacement cost of the Product (i.e., up to its Original Retail or Comparable Value).
Non-Return
If you do not return the Product and remain unresponsive, we reserve the right to charge your Payment Method for the full replacement cost or engage a collection agency to recover the owed amount.
Security Deposit & Pre-Authorization
We may retain or convert your security deposit or pre-authorization hold to cover the full or partial cost of the Product if it is lost, stolen, or damaged beyond repair.
7. Intellectual Property
Ownership
All content on our website or mobile app (including text, graphics, logos, images, and software) is the property of [Your Company Name] or its licensors, and is protected by copyright, trademark, and other intellectual property laws.
Limited License
You are granted a personal, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.
8. Disclaimer of Warranties
The Services and Products are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Services. We do not warrant that the Services will be uninterrupted or error-free.
9. Limitation of Liability
To the fullest extent permitted by law:
Exclusion of Damages: [Your Company Name] and its directors, employees, or agents shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to your use of the Services or the Products.
Maximum Liability: In no event shall our total liability exceed the amounts paid by you for the specific rental transaction that gave rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless [Your Company Name], its officers, directors, employees, agents, and affiliates from and against any and all losses, damages, liabilities, claims, or expenses (including attorneys’ fees) arising out of or related to your use of the Services or your violation of these Terms.
11. Termination
Termination by You
You may stop using the Services at any time. However, all payment and return obligations remain in effect for any outstanding rentals or fees.
Termination by Us
We may suspend or terminate your access to the Services at any time, without notice, for any reason, including if you breach these Terms or engage in fraudulent activity.
12. Modifications to the Terms
We reserve the right, at our discretion, to update or replace these Terms at any time. If a revision is material, we will notify you via email or by posting a notice on our website. Your continued use of the Services after any such change constitutes acceptance of the new Terms.
13. Governing Law & Dispute Resolution
Governing Law
These Terms and any dispute or claim arising out of or in connection with them shall be governed by the laws of [Your State or Jurisdiction], without regard to conflict of law principles.
Dispute Resolution
Any disputes shall be resolved in accordance with the laws and legal proceedings of [Your State or Jurisdiction] (or as otherwise specified).
14. Contact Information
If you have any questions, concerns, or need assistance regarding these Terms or the Services, please contact us at:
Email: contact@myeverluxe.com
Phone: [Phone Number]
Mailing Address: [Mailing Address]
BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM.