Legal
Terms and Conditions
For Online Sale and Rental
YOUR RIGHTS AND OBLIGATIONS
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH RESERVD CO., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the rental and/or purchase and sale of products through Reservd.com (the "Site"). These Terms are subject to change by Reservd Co. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.
1. Order Acceptance and Cancellation
You agree that your order is an offer to rent or buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to rent or sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
2. Prices and Payment Terms
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and payment must be received by us before we accept an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
3. Shipments; Delivery; Title and Risk of Loss
We ship via the carriers and service levels offered at checkout. Risk of loss for rented or purchased Products pass to you upon our delivery to the carrier, except as otherwise required by applicable consumer law.
Any delivery dates provided are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs, weather, labor disputes, or events beyond our reasonable control.
You must provide a complete and accurate shipping address and safe delivery location. Signature may be required for high-value shipments. Re-delivery, storage, or address correction fees may apply.
Cross-border shipments may be opened and inspected by customs authorities. You are responsible for import compliance and all duties and fees.
For purchased Products, claims for loss or damage in transit must be submitted to the carrier and to us within five (5) days of delivery or expected delivery, with photos and packaging retained as evidence.
4. Inspection and Acceptance of Products
Inspection
You must inspect Products upon receipt. For purchases, you are deemed to have accepted Products unless you notify us of nonconformity within seven (7) days of delivery with reasonable detail and supporting evidence.
For timely and valid claims, our sole obligation is, at our option, to repair, replace, or refund the purchase price of the nonconforming Product and reasonable shipping costs for returns we authorize.
5. Returns and Store Credit (Purchased Products)
Return Window
You may request to return an eligible purchased Product within seven (7) days of receiving it. Approved returns are issued as store credit only. We do not offer refunds on returns, and we do not accept returns after the seven (7) day window has closed.
All returns require our approval. Request a return from your account within the window; unauthorized returns sent without approval may be refused.
Returned Products must be unused, in original condition, with all tags, accessories, and original packaging. We may refuse a return or reduce the store credit issued for missing, altered, or damaged items.
Store credit is issued after we receive and inspect the Product. Credit is applied automatically to your account, does not expire, and may be used toward any purchase or membership on the Site. Store credit has no cash value and is not redeemable for cash.
Order Cancellation
You may cancel an Order within twenty-four (24) hours of placing it for a full refund to your original payment method. After twenty-four (24) hours, cancelled Orders are eligible for store credit only. Orders that have already shipped are handled under the return terms above.
6. Rental Terms
Rentals are available where indicated. We may require identity verification, a valid payment method, and a refundable security deposit per Section 7.
The Rental Period begins on the date the rented Product is delivered to you and runs for one (1) month, ending on the Required Return Date shown in your account. The Required Return Date appears in your Order confirmation.
Rentals are for the full monthly term. You may begin a return in the final ten (10) days of the Rental Period, or at any time once you have submitted a request to cancel your membership. Returning a Product before the end of its term does not reduce, refund, or credit any part of the monthly membership fee.
You must (a) use rented Products only for their intended purpose; (b) follow all instructions and care guidelines; (c) keep Products in your possession and control; and (d) not alter, repair, or service Products without our prior written authorization.
Rented Products are and remain our personal property. No title or ownership transfers to you.
Normal wear from ordinary use is expected. You are responsible for loss, theft, mysterious disappearance, or damage beyond normal wear, including but not limited to cracks, breaks, stains, burns, water damage, or missing components.
If you fail to ship or return by the Required Return Date, you agree to continue to pay the rental fee until the earlier of (a) our receipt of the Product, or (b) assessment of the Replacement Charge under Section 7.4.
If a rented Product is not returned within thirty (30) days after the Required Return Date, we may deem it lost and charge the Replacement Charge under Section 7.4, less any deposit held, and any accrued late fees.
Rental exchanges are subject to availability and may incur additional fees and shipping. The Rental Period for exchanged items is set in the updated confirmation.
7. Rental Deposits, Loss, and Damage
Security Deposit
We may place a hold or charge a refundable security deposit in the amount disclosed at checkout. The deposit is not a cap on your liability.
Upon return, we will inspect rented Products. We may deduct from the deposit, or charge your payment method for, amounts due for (a) late fees; (b) repair costs; (c) cleaning fees for excessive soiling; (d) missing parts; and (e) Replacement Charge.
We determine, in good faith, whether damage is repairable and the reasonable cost of repair or cleaning. If repair is not practical or cost-effective, Section 7(d) applies.
For lost, stolen, or irreparably damaged rented Products, you agree to pay a Replacement Charge equal to the then-current retail price or a fixed amount stated at checkout, less any deposit held.
We will provide an itemized statement of any deductions or charges within ten (10) business days after inspection.
8. Product Descriptions, Fit, and Compatibility
Descriptions
We strive for accuracy but do not warrant that Product descriptions, images, specifications, or compatibility information are complete, current, or error-free.
You are responsible for confirming compatibility, sizing, and fit before purchase or rental. Our pre-sale or pre-rental support is informational and provided "as is."
9. Title, Risk of Loss, and Insurance (Rentals)
For rentals, title remains with us at all times. Risk of loss or damage to rented Products passes to you upon delivery and remains with you until our confirmed receipt of the return in good condition, normal wear excepted.
We may offer optional damage waivers or insurance at checkout. Such waivers reduce but do not eliminate your responsibilities and are subject to their stated terms. If you decline, you assume full risk as set forth herein.
10. Returns Logistics for Rentals
You must use the prepaid return label and packaging we provide or otherwise ship using a trackable, insured method to the address specified in your RMA.
Your timely drop-off receipt or carrier tracking scan on or before the Required Return Date constitutes timely return. You are responsible for lost returns without proof of shipment.
11. Manufacturer's Warranty and Disclaimers
We do not manufacture or control any of the products offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on the Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES OFFERED ON THIS SITE. ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
12. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth in this Section shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
13. Goods Not for Resale or Export
You represent and warrant that you are buying products from the Site for your own personal use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
14. Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
15. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
16. Governing Law and Jurisdiction
This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
17. Dispute Resolution and Binding Arbitration
YOU AND RESERVD CO. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 17. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR RESERVD CO. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
18. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 18 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
19. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Reservd Co.
20. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
21. Notices
To You
We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us
To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, or overnight courier, to Reservd Co. or (ii) via email at info@reservd.shop. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
22. Severability
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
23. Entire Agreement
Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.