Terms and Conditions
1. Acceptance of Terms and Conditions of Use
Welcome to RentTheRaces.com! These terms and conditions together with any other rules posted on renttheraces.com (the “Site”) are a binding legal agreement (the “TC”) between You ("You" or "Your") and Rent the Races LLC with registered address at 118 Irvine Lexington, KY 40511 ("RTR," "Site," "Showroom," "we," "us," or "our"), establishing terms and conditions under which You will submit information to, and rent hats and fascinators (each a “Product” and collectively, "Products”) and receive related services (“Services”) from RTR.
BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON, BROWSING THE SITE OR ORDERING 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 RENT OR BUY ANY PRODUCTS FROM THE SITE OR SHOWROOM.
2. Modifications
We reserve the right to modify the TC, Privacy Policy, price, content or nature of the Service at any time and in any manner at our sole discretion and any changes will apply to the rental or purchase of any Products after the date of the change. Notice of any modification to the TC will be posted in this section of the Site and modification to the Privacy Policy will be posted in the Privacy Policy section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site and visitation to the Showroom constitutes Your binding acceptance of such modifications. Please check these sections of the Site before using the Site or checking out from the Showroom to determine whether a change has been made to the TC and/or Privacy Policy. If You do not agree to any changes in the TC or Privacy Policy as they may occur, please arrange to terminate Your registration with the Site immediately (a) by notifying RTR of Your unwillingness to accept the changes to the TC by emailing info@renttheraces.com and (b) by discontinuing Your use of the Service, Showroom and the Site. You agree that we shall not be liable to You or to any third party for any modification of the TC or Privacy Policy.
3. The RTR Service: Rental Not Purchase
(a) General
You agree and acknowledge that You are renting the Products and that ownership of the Products remains with RTR at all times.
The Service allows You to access the Site and rent Products from RTR in accordance with the TC. You can choose Products to rent from our online selection on the Site or in the Showroom, and have them shipped to Your address or select to retrieve Your items from the Showroom. We reserve the right to limit the number of Products that You may rent at any time. The currently available renting options and rates are outlined in detail on the Site. Also, the current shipping policies governing the delivery and return of Products are detailed on the Site. Delivery time for Products You have selected to rent may vary based upon (a) inventory availability, (b) Your delivery address, (c) when You place an order, and (d) other circumstances impacting delivery. Accordingly, RTR makes no guarantees or warrantees as to actual delivery time or availability. All orders from RTR are made pursuant to a shipment contract; this means that the risk of loss for items shipped passes to You upon our delivery to the carrier. We will send You an email letting You know when Your Product is shipped.
Our liability to You for failure to deliver the Product as ordered is limited to a refund of the Rental Fee excluding insurance and delivery charges as determined by us. See Section 7 below. You agree to waive all other damages, including consequential and punitive damages as set forth in Section 7 below.
(b) Returns
With delivery of the Product, we will provide You with either (i) a prepaid, preaddressed shipping sleeve included in the original packaging or (ii) a prepaid shipping label to affix to the original packaging (either referred to herein as the “Return Packaging”), as well as instructions for Your use in returning the Products to RTR.
All RTR orders are final once they have been shipped and returns will not be accepted.
You may request on the Site that Products that You ordered be picked up by You at the Showroom on Your start date by appointment only. Otherwise, all deliveries by RTR are through RTR shipping partners, which may change from time to time at RTR’s sole discretion. The shipping method used will be at the sole discretion of RTR. The Products can be delivered to You until 8:00 pm on Your rental start date. The Products will be professionally cleaned and delivered ready to wear. We clean and inspect each product with the utmost care, but use of the product is at Your own risk and RTR shall not be held liable for any health-related complaints associated with a Product rented from our Site or Showroom. You hereby waive any claim You might have against us with regards to any health-related complaints associated with Product rented from our Site or Showroom.
(c) Use of Products
(i) Receipt of Delivery
You acknowledge that a Secure Shipping Address (defined herein) is highly recommended by our shipping provider(s). 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 to RTR, RTR does not bear liability for Products left unattended or undeliverable. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address to RTR may result in delivery delays and additional delivery fees for which RTR is not to be held liable, but for which You will be held liable.
(ii) Damage
Products are rented to You with the understanding that the Products shall be returned in the same condition in which they were received by You (with no damage, alteration or change of any kind) and You will be responsible for, and indemnify RTR against, any loss or damage to the goods while on rental. You agree to treat the Products with great care. You agree to be held responsible for any loss, destruction or damage to the Products due to theft, disappearance, fire, stains or any other cause, no matter the reason or the person responsible. If a product is returned in a damaged or dirty condition that exceeds Normal Wear and Tear, as determined by RTR in its sole discretion, You agree that RTR may charge You and You shall pay, for the price of repairing or replacing the Product, up to the Retail Price of the Product as defined herein, plus a $25.00 administration fee.
Whether damage is Normal Wear and Tear shall be at the sole discretion of RTR. You agree that under no circumstances should You attempt to clean any Products by any means (dry cleaned or otherwise) or alter the Products. If done so, RTR reserves the right to charge You and You shall pay, for the price of repairing or replacing the Product, up to the Retail Price of the Product as defined herein, plus a $25.00 administration fee.
(iii) Returning the Products
You agree to return the Products to RTR in the process and on the date set forth on the Site in connection with Your order (the “Return Date”). Hat/Fascinator rentals are for 4 days or 8 days.
Return of the Product will be accomplished by You placing all Products included in the original order in the Return Packaging provided and depositing them in any appropriate U.S. Postal Service mailbox, post office or UPS mailbox by 4:30 p.m. Eastern Standard Time on or before the Return Date. If the Return Date is a Sunday or bank holiday, the product must be dropped off at a U.S. Postal Service mailbox, post office or UPS mailbox before 12 p.m. Eastern Standard Time on the next business day after the Return Date. Products rented in the Showroom should be and Products rented online can be returned to the Showroom by appointment on the Return Date. If You return the Products late or not at all, a late fee of $50.00 per day (the “Late Fee”) will be charged to You every day that You are late in returning the Product(s) on top of the initial Rental Fee already charged, and You agree to pay such additional fees. If You lose the Return Packaging, You will be responsible for paying for replacement of hat box at $25.
(iv) Payment of Retail Value and Collections
We will not charge You for more than the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 3, excluding collection costs and administration fees. If You pay us the full Retail Value under this Section 3 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, which is charged separately from, and in addition to, any charges for the Retail Value pursuant to this Section 3(c).
(d) Billing
The rental fee (“Rental Fee”) for the Products is the Rental Fee, any and all applicable taxes, and delivery charges listed on the Site in connection with Your rental. Upon Your order of a Product, You will be required to provide RTR with accurate, complete and current credit or debit card information for a valid credit or debit card that You are authorized to use and You hereby authorize us to charge Your credit or debit card for the Rental Fee.
A reservation of a Product on our Site 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 RTR to charge the credit or debit card provided for 100% of the Retail Value of that Product when new as set forth on the Site, plus sales taxes (“Retail Value”); provided, however, that RTR will only charge the Retail Value in the circumstances set forth in this Section and Section 3(c) above.
RTR will charge Your credit or debit card the amount of the Rental Fee on the date Your order is made. If the Product is not returned on the Return Date, Late Fees will accrue per day and RTR will charge Your credit or debit card the amount of the Late Fee up to and on the date the Product is received by RTR. If the Product is not received on the 7th day after the Return Date, RTR will consider the Product lost and You agree to pay the Retail Price.
If RTR does not receive payment from Your credit or debit card provider, if Your credit or debit card expires or is rejected, or if Your credit or debit card reverses a charge, You agree to pay all amounts due upon demand. If You do not pay the amounts You owe to us when due, then we may institute collection procedures or we may seek payment by another method including a mailed statement. You agree to pay our costs of collection, including (without limitation) attorneys’ fees. RTR reserves the right to take all steps necessary to collect amounts due from You, including but not limited to using third party collection agencies. RTR 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 or debit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on Your account statement. If You do not bring them to our attention within 90 days, You agree that You waive Your right to dispute such problems or discrepancies.
(e) Credits
All RTR credits are valid from one (1) year after the date issued, with no exceptions. Delivery charges, any taxes, damage charges, or any other additional fees cannot be paid with credits. Unused credits will be forfeited if Your RTR account is terminated for any reason in accordance with Section 10 below. Your account must be in good standing to be eligible to redeem Your credits. You cannot exchange credits for any other form of currency--credits have no cash value. RTR reserves the right to change the TC at our discretion, and may terminate or amend the credits program at any time.
Discount codes may from time to time be offered either through RTR directly or through other companies or affiliates; such codes cannot be used in conjunction with credits. Any discounts, vouchers or offers made available on the site or through third party channels which are redeemable on the RTR site are subject to change without notice. It is hereby confirmed that only one may be used at a time; this is subject to change at RTR’s discretion.
(f) Cancellation
You may cancel Your order by contacting customer service at info@renttheraces.com and if RTR has not yet shipped Your Product, RTR will issue You a full refund in the form of a store credit minus a $20.00 cancellation fee. If RTR has shipped Your Product, the rental is considered final, and we are unable to accept a return.
(g) Price
Except where noted otherwise, the listed price displayed for Products on the Site represents the rental price. The “retail price” on the Product page represents the full retail price listed on the Product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated Retail Value for a comparably featured item offered elsewhere. The percentage off is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. Pricing of products is subject to change and will be determined and adjusted at our discretion.
4. Product Sales and Accessories
(a) Occasional Product Sales
From time to time and at the discretion of RTR, Products will be sold in a final sale on the website. These products will be clearly defined that they are for sale. By placing an order for such an item, You hereby agree that such sale items are nonrefundable and may not be returned. In addition, You hereby authorize RTR to charge Your credit or debit card the amount indicated on the Site or in the Showroom. Such sale items are offered “as is” as specified in Section 7 of these TC.
(b) Accessories
Accessories including (but not limited to) any and all undergarments, jewelry, and hair accessories (“Accessories”) are offered for sale by RTR and are not subject to the rental policies herein. You hereby authorize RTR to charge Your credit or debit card the amount indicated on the Site or in the Showroom. Accessories may be returned within 15 days for a credit of the amount of the Accessory returned less the cost of shipping and handling. To qualify for the credit, Your return of the Accessory must arrive at RTR within 15 days of the date You received it. To return the item, complete the return form included in Your order, securely repackage Your merchandise in the procedure set forth on the instructions included in Your order, and drop off Your package at a U.S. Postal Service mailbox, post office or UPS mailbox. Returned accessories must not be worn or altered and must have all tags attached.
5. Privacy
Any information submitted on the Site is subject to our Privacy Policy, the terms of which are incorporated into these TC. Please review our Privacy Policy, which also governs Your visit to RTR, to understand our practices.
6. Access Limits
Unless otherwise specified, the content on the Site is for Your personal and non-commercial use; RTR grants You a limited license to access the Site solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Service, or any information contained on, or obtained from, the Site without the express written consent of RTR. Any and all unauthorized uses of the Site or the contents therein will terminate the limited license granted to You. Without our express written consent, You may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that You agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
7. Disclaimers of Warranties; Limitations on Liability
The Service (including the Products provided under the Service or purchased through the Site or Showroom), and the Site and its contents, are provided "as is"; RTR makes no representations or warranties of any kind with respect to the Service, gift cards, Products provided with or sold by the Service, the Site, the Showroom or any contents therein. RTR assumes no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site or Showroom, any failures, delays, or interruptions in the shipment of Products, delivery of any content contained on the Site or Showroom, any losses or damages arising from the use of the content provided on the Site or Showroom, goods or services provided by RTR, or any conduct by users of the Site or Showroom. RTR reserves the right to refuse to ship Products at its sole discretion. RTR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, THE SHOWROOM AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, RTR DOES NOT WARRANT THAT THE INFORMATION ON THIS SITE OR ACCESSIBLE VIA THE SITE OR SHOWROOM IS CORRECT, ACCURATE, RELIABLE OR COMPLETE, THE FUNCITONS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, DEFECTS WILL BE CORRECTED OR THE SITE OR SEVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RTR AND ITS AFFILIATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' LIABILITY UNDER THESE TC AND ANY OTHER TERMS AND CONDITIONS IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. RTR AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. RTR'S AND ITS AFFILIATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, CREDITS, GIFT CARDS, THE SITE OR THESE TC, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO RTR BY YOU UNDER THESE TC. EACH PROVISION OF THESE TC THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TC BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY RTR TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to You.
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.
8. Indemnity
You agree to indemnify and hold , 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 TC and/or arising from a breach of these TC.
9. Intellectual Property
All graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of . Any trademarks not owned by that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by . All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of , its licensors, or its product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
10. Termination
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 orders from the Site, for any reason, including, without limitation, for lack of use, if we believe that You have violated or acted inconsistently with the letter or spirit of these TC, failure to pay damage charges, failure to return a Product, obtaining credits by solicitation on Craigslist or a similar site, or for any other reason. 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 orders made from Your account and bar any further access to such information or to the Site and Showroom. 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 or Showroom.
11. Links and Advertising
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and You hereby waive any claim You might have against us, with respect to such sites. RTR IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.
12. Copyright and Trademarks
You acknowledge and agree that all content included on the Site, such as text, graphics, logo, button icons, images, audio, data compilations, software, HTML and other code contained in this Site (“Content”) shall remain at all times vested in and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by United States and international copyright laws. You are permitted to use the Content only as expressly authorized by and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All trademarks not owned by that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by .
13. Taxes
All applicable local, city, and state taxes are Your responsibility. You agree to pay these taxes.
14. Product Descriptions
RTR attempts to be as accurate as possible. However, does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a Product offered by itself is not as described, Your sole remedy is to return it in unused condition.
15. Miscellaneous Provisions
(a) Your Account
If You use this Site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. does sell and rent Products for teenagers, but it rents or sells them to adults, who can purchase with a credit or debit card. Our Products may be rented for use by individuals under 18 years of age, but we rent only to adults. If You are under 18 years of age, You may accept the TC and order Products only with the involvement and approval of Your parent or legal guardian.
(b) Assignment
You shall not assign these TC without ’s prior written consent. Termination of these TC will not relieve You of any payment obligations hereunder.
(c) Severability
If any provision of these TC shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over these TC, the validity of the remaining portions or provisions hereof shall remain in full force and effect.
(d) Waiver
’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances.
(e) Electronic Notices
When You visit or send emails to , You are communicating with us electronically. By using the Site or the Service, You consent to receiving electronic communications from . 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.
(f) Force Majeure
RTR is excused for any failure to perform and shall not be liable for failure to perform any of its obligations hereunder by reason outside of its control, including, without limitation, fire, earthquake, interruptions or delays in supply, other natural disaster, war embargo, or riots, strikes or acts of terrorism. You are not excused for any failure to perform under any circumstances.
(g) Governing Law
These TC shall be governed by the laws of the State of Kentucky, without regard to any conflict of laws principles that would otherwise apply the laws of another jurisdiction, except to the extent that it is mandatory that the law of some other jurisdiction shall apply. The EXCLUSIVE venue for dispute resolution under this Agreement shall be the federal and state courts located in Fayette County, Kentucky.
(h) Headings
The headings used in the TC are for reference purposes only and do not constitute substantive matter to be considered in construing the terms of these TC.
(i) Entire Agreement
These TC including the Privacy Policy made a part hereof contain the complete, final and exclusive agreement between You and with respect to the matters set forth herein and supersede any and all other agreement or understanding, arrangements, undertaking or proposal, written or oral, between You and in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the TC, the TC shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the TC. You confirm that, in agreeing to accept the TC, You have not relied on any representation save insofar as the same has expressly been made a representation in the TC and You agree that You shall have no remedy in respect of any misrepresentation which has not become a term of the TC save that Your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the TC.
Effective July 15, 2015Our Address:
Rent The Races
118 Irvine
Lexington, KY 40502