LEGAL AGREEMENT, TERMS & CONDITIONS and POLICIES
These terms and conditions are a legal agreement between you (“You” or “Your”) and BPACKR RENTALS INC., with corporate offices at 64, 84TH AVENUE EAST, BLAINVILLE, QUÉBEC, J7C 3T3, CANADA (“BPACKR RENTALS INC.,” “we,” “us,” or “our”), establishing terms and conditions under which you will submit information to, and rent and/or buy backpacks and accessories (each a “Product” and collectively, “Products”) and receive related services (“Services”) from, BPACKR RENTALS INC. via our website at www.bpackr.com (the “Website”).
BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON OR ORDERING/RENTING/BUYING THE PRODUCTS, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “I DO NOT ACCEPT” BUTTON AND YOU WILL NOT BE PERMITTED TO ORDER/RENT/BUY THE PRODUCTS. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL/PURCHASE OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.
1. GENERAL; RENTAL NOT PURCHASE; ADULT AGREEMENT REQUIRED
2. RENTAL FEES; CREDIT CARD AUTHORIZATIONS; CANCELLATIONS
The rental fee (“Rental Fee”) for the Products will be the rental fee, insurance charges and delivery charges listed on the Website in connection with Your rental of the Products. Upon Your order for a Product, You hereby authorize us to charge Your credit card for the Rental Fee. We will charge Your credit card the amount of the Rental Fee immediately upon Your rental order. A reservation of a Product on our Website is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of Your order of a Product, You hereby authorize BPACKR RENTALS INC. to charge Your credit card for the entire original retail value (in addition to late fees, when applicable) of that Product (when new) set forth on the Website, plus sales taxes (“Retail Value”); provided that we will only charge the Retail Value and/or late fees in the circumstances set forth in Section 4 below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by BPACKR RENTALS INC., shall be paid by You to BPACKR RENTALS INC. in connection with Your order for the rental. You may cancel or reschedule Your order for Products at least seven (7) days prior to the ordered delivery date, subject to the following cancellation and rescheduling fees: (i) for cancellations that are thirty (30) or more days in advance of such delivery date, no cancellation fee; and (ii) for cancellations that are less than thirty (30) days in advance of such delivery date, you will be charged half of the initial rental fee. (iii) Any rescheduling that is twenty-one (21) or more days in advance of such delivery date, no rescheduling fee; and (iv) for rescheduling that is less than twenty-one (21) days in advance of such delivery date, you will be charged half of the initial rental fee. Rescheduling can only be made subject to other orders for that Product and to prepayment of the additional rescheduling fee applicable to that Product.
3. MONERIS AGREEMENT AND AUTHORIZATION
4. COMMITMENTS TO YOU
4.1. Delivery to You. We will deliver the Products You ordered, including the specified size, color and model, on or before the date for which You ordered them, except to the extent we informed You in connection with Your order that the specific Product was not guaranteed. Products may appear different in color and style than the photos displayed on our Website. Our liability to You for failure to do deliver the Product as ordered is limited to the timely delivery of Product as ordered or a refund of the Rental Fee (excluding insurance, fees and delivery charges) as determined by us. See Section 5(b) below.
4.2.1 Delivery; Clean and Ready to Wear. Your Products may be ordered and couriered to You on the same day for certain orders in the Montreal metropolitan area, subject to the additional delivery charge set forth on the Website. Otherwise, all deliveries outside of the Montreal metropolitan area will be through BPACKR RENTALS INC.’s shipping partners, which may change from time to time at the Company’s discretion. The shipping method used will be at the discretion of BPACKR RENTALS INC. The Products can be delivered to you until 9:00 pm on your rental start date. The Products will be professionally cleaned and delivered ready to wear. We dry clean and inspect each product with the utmost care, but use of the product is at your own risk and BPACKR RENTALS INC. shall not be held liable for any health-related complaints associated with a product rented from our website.
4.2.2 Return Packaging. With delivery of the Product, we will provide You with a pre-paid, pre-addressed reusable pouch as well as instructions for Your use in returning the Products to BPACKR RENTALS INC. (“Return Packaging”).
4.2.3 Services. On our Website, we offer various Services to assist You in selecting a Product or choosing a size. Our Services are provided “AS IS” without guarantee as to results.
4.3. Confidentiality of information. All Cardholder data (including the data encoded on a Card and a PIN) is confidential personal information, which may only be used, collected and/or disclosed to authorized parties to the transaction and only for the purpose of completing the transaction. BPACKR RENTALS INC. guarantees to take reasonable steps to ensure that a PIN is not disclosed and is protected at all times. BPACKR RENTALS INC will not require nor ask a Cardholder to disclose their PIN.
5. DETAILS ON OUR COMMITMENT TO YOU.
5.1 Limited Warranty. The limited warranties set forth in Section 4 apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in Section 4. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in Section 5 of this Agreement.
5.2 Remedies. Your sole and exclusive remedy and BPACKR RENTALS INC.’s sole and exclusive liability for a breach of BPACKR RENTALS INC.’s limited warranty shall be, at BPACKR RENTALS INC.’s option, BPACKR RENTALS INC.’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Rental Fee (excluding insurance, fees and delivery charges).
5.3 Disclaimers. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.
5.4 Typographical errors. In the event that BPACKR RENTALS INC. erroneously lists a product at an incorrect price, BPACKR RENTALS INC. reserves the right to refuse or cancel all orders of the product listed at the incorrect price. BPACKR RENTALS INC reserves the right to refuse or cancel such orders even if the order has been confirmed and charged to your credit card account. In the event that the order has already been charged to your credit card and your order is canceled, BPACKR RENTALS INC. is committed to reimbursing your credit card for the full value of the incorrect price.
5.5 Denial of participation. BPACKR RENTALS INC. does not and can not review all communications and material posted or created by users who access the website and is in no way responsible for the content of these communications and the material. You acknowledge that by allowing yourself to view and distribute user-written content on this site, BPACKR RENTALS INC. simply acts as a passive conduit for such distribution and is not undertaking any obligation or liability for any content or activity on this site. However, We reserves the right to block or remove communications or material that it deems to be (a) abusive, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark, or intellectual property rights, or (d) offensive and unacceptable to BPACKR RENTALS INC. according to its sole discretion.
6. YOUR COMMITMENTS TO US; PAYMENT OF RETAIL VALUE
6.1. Receipt of the Products. Upon delivery, You bear responsibility for the Product(s). If however, You opt to have Your Products delivered in the Montreal metropolitan area by courier service You agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, BPACKR RENTALS INC. does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which BPACKR RENTALS INC. is not to be held liable, but You will be held liable.
6.2. Use of the Products. You agree to treat the Products with great care, as if it was borrowed from Your close friend. You are responsible for returning all Products in clean, dry, working condition. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses MINOR stains, rips, missing clips, stuck zippers or other MINOR damage. If You return a Product that is damaged beyond normal wear and tear or requires extensive cleaning, then You agree that we shall charge You, and You shall pay, for the price for extensive cleaning, repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
6.3. Return of the Products; Extensions. You agree to return the Products to BPACKR RENTALS INC. in the Return Packaging on the date set forth on the Website in connection with Your order. You may extend Your order for a Product on the Website to BPACKR RENTALS INC.; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. Return of the Product will be accomplished by You placing the Product in the Return Packaging in any appropriate Canada Post location by 12 p.m. on or before the date that the Product is due. If You return the Products late or not at all, a late fee of five percent (5%) of the Retail Value will be charged to You every day that you are late on top of the initial rental fee already charged, and You agree to pay such additional fees, up to 200% of the Retail value. If You lose the Return Packaging (pouch), You will be responsible for returning the item at your own expense by the expected return date, providing BPACKR RENTALS INC. with a tracking number and You will be charged forty (40$) Canadian dollars (CAD) to replace the Return Packaging (pouch) (‘’Return Packaging Fee’’).
6.4. Payment of Retail Value. We will not charge You for more than the Retail Value plus the Rental Value (including late fees and Return Packaging Fee), in the aggregate, for any charges arising under this Section 6, excluding collection costs. If You pay us the full Retail Value (including late fees and Return Packaging Fee), under this Section 6 and You still possess the Product, the Product is Yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee (including late fees and Return Packaging Fee), which is charged separately from, and in addition to, any charges for the Retail Value pursuant to this Section 6.
6.5. Collections. If You do not pay the amounts You owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees.
6.6. Removal. We reserve the right to terminate your right to rent Products from us at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
6.7. Email. We will use the preferences and orders You provide on our Website to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by emailing email@example.com or following the links provided at the bottom of those e-mails when available.
6.8. Indemnification. You agree to indemnify, defend, and hold BPACKR RENTALS INC. harmless and its officers, directors, employees, agents, investors, and suppliers (collectively the “Service Providers’’) against all losses, expenses, damages, and costs, including reasonable attorneys’ fees resulting from any violation of these general terms and conditions or any activity related to your account (negligent or wrongful actions included) by you or any other person accessing the website using your Internet account.
6.8.1. Identity and password. You are responsible for maintaining the confidentiality of your identity and password. Bpackr rentals inc. cannot be held responsible for unauthorized use of your account. In the event that the confidentiality of this information is compromised, please notify us as soon as possible to prevent the possible fraudulent use of your identity. You acknowledge and agree that Bpackr rentals inc. cannot and will not be held responsible for any loss or damage resulting in particular from non-compliance with the security measures set out in this section.
6.9. Website use. Harassment in any manner or form on the website via email or blog, or using obscenities or abuse is strictly prohibited. You may not upload, distribute, or publish through the site any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or objectionable which may constitute or encourage an offense, violate rights in any way that can cause liability or violate any which law. You cannot upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or of any another organization.
6.10. Third party applications. If you grant express permission to a third party to connect to your account, either through the third party’s product or through your BPACKR RENTALS INC. account, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold BPACKR RENTALS INC. responsible for, and will indemnify BPACKR RENTALS INC. from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
7. LIMITATION OF LIABILITY.
7.1. No Indirect Damages. IN NO EVENT SHALL BPACKR RENTALS INC. (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BPACKR RENTALS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
7.2. Limited Direct Damages. BPACKR RENTALS INC.’S (AND ITS SUPPLIERS’ AND LICENSORS’) AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.
7.3. Use of Results at Your Risk. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.
7.4. Third parties. In order to provide added value to our users, BPACKR RENTALS INC. can affiliate itself to websites operated by third parties. However, even if the third party is affiliated BPACKR RENTALS INC. the latter has no control over these linked sites which have different private data collection methods unrelated to BPACKR RENTALS INC. These linked websites are for your convenience only and are therefore accessed at your own risk.
This Agreement constitutes the entire agreement between You and BPACKR RENTALS INC. with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only by BPACKR RENTALS INC. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, excluding its conflicts of laws principles, without regard to the choice of provisions and not by the U.N. Convention 1980 on Contracts for the International Sale of Goods. You shall not assign this Agreement without BPACKR RENTALS INC.’s prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 1, 2, 3, 4, 5, 6, 7 and 8 shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. BPACKR RENTALS INC. shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism. All disputes relating to this Agreement shall be heard in the District of Montreal, Quebec, Canada.