Terms & Conditions
GENERAL RENTAL CONDITIONS
This Rental/Purchase Agreement (“this Agreement”) is a legal agreement between you (“You”, “Customer” or “Your”) and Breath of Jewelry ("Breath of Jewelry", "we," "us," or "our “). This Agreement sets the terms and condition under which you will rent and/or buy jewelry or other accessories owned by Breath of Jewelry (each a “Product” or collectively, “Products”), receive related services and submit information to us via the website located at Breathofjewls.com (the “Website”).
All rentals and purchases are subject to the following Terms and Conditions. Please review thoroughly before accepting the Terms and Conditions. “Breath of Jewelry”, “BOJ”, “we”, “us” or “our” means Bartolini Inc., doing business as Breath of Jewelry, and/or its legal affiliates; “you” or “your'' refers to the client renting the jewelry.
These general rental conditions set out how Breath of Jewelry offers its subscription and limited rentals for jewelry. Breath of Jewelry may change its policy from time to time by updating this page. You should periodically check this page to ensure that you are happy with any changes.
SUBSCRIPTION MEMBERSHIP: A member is charged a monthly membership fee (“Membership Fee”), in exchange for which he or she can rent a Product or Products for the duration of his or her membership. We offer several membership plans you may avail of. Your membership plan dictates your Membership Fee and the number of Products you can rent at any one time.
ELIGIBILITY. Only adults over the age of 18 may become Members and only Members may rent or purchase Products. Our Products may be rented by a Member for use by other individuals, including an individual under the age of 18. However, the renting Member remains fully responsible for other individuals’ use of the Products or Services, including all legal liability he or she may incur. If you are under 18 years of age, you may only use the Services with the approval of your parent or legal guardian, who agrees to be bound by these Terms on your behalf.
DELIVERY OF JEWELRY: Shipping is based on shipping from our facility to your designated point of delivery, and the return to our facility from that area. Your designated point of delivery should be your office or home address or other address where you are assured that someone trustworthy will be present to sign for and receive delivery of the jewelry item(s). A signature is required for delivery or pickup of the jewelry. Any refused or returned deliveries will be processed as a completed rental transaction, with the full rental and other fees assessed.
Every effort is made to deliver the jewelry to your designated valid address no later than the day before your event date. In most cases, for special occasion rentals we will plan to ship your jewelry to arrive two days prior to your event. In any case, we will notify you by e-mail to confirm your projected delivery date the day we ship it to you. If through our fault the jewelry is not delivered at least one day before your event date, we will return all rental fees and, upon return of the jewelry as provided above, return your Security Deposit. The return of these amounts will be our sole liability to you in the event of non-timely delivery or non-delivery; in no event will we be liable for any other damages whatsoever including without limitation direct, indirect, special or consequential damages. If we timely deliver the jewelry to the designated courier with delivery pre-paid for delivery to you at least one day prior to the Event Date, any late delivery or non-delivery will be deemed to be not our fault and we shall have no liability under this paragraph. Further, non-availability of items, even where reserved, shall be deemed to be not our fault.
RETURN SHIPPING: The jewelry must be repackaged in its BOJ jewelry box and placed into its corresponding BOJ jewelry packer box. Each jewelry box being returned must then be placed and sealed in the pre-paid / pre-addressed shipping package included with the initial shipment. The package may then be sent for return to any USPS Office or Store in your area. We prepay the shipping charges, including delivery insurance, and the cost is reflected in the transaction amount that will be charged to your credit card. You are not required to purchase insurance from UPS and, for security reasons; you should not discuss the contents of the package with UPS personnel.
EVENT DATE: The desired starting date submitted with your rental order should be your wedding date. The jewelry will be shipped to arrive at least one day before your wedding date and in most cases two days before your wedding date. Because of shipping times and limited weekend delivery options, all jewelry will be shipped to arrive during the business week (Monday – Friday).
RESERVATION PAYMENT: A payment for the total rental price of the jewelry will be charged to your credit card account at the time you place your reservation. Please note that 25% of this payment is non-refundable.
RETURNS. Start date for your rental term will be the day you receive your package, return date shall be on the day after the end of your rental term, a due for return notice shall be sent to you via email and/or text on the last day of your rental which will prompt you to ship back items the following day.
BACKGROUND AND CREDIT CHECK: You understand investigative consumer reports may be obtained in connection with your placing a jewelry rental order. We may obtain information about you from outside sources and add it to or combine it with your personal information. For example, we may receive credit information from a credit bureau when you initially place an order or at a later point in time prior to shipment of your order. You understand these reports may contain information about your background, to include but not limited to criminal and credit history. The information may be obtained from Federal, State and Local government agencies. You acknowledge this information may be used to make rental decisions, including but not limited to adjustments in the security deposit amount required up to 50% of the retail value of the jewelry being rented as a condition of jewelry shipment or cancellation of the order, at our sole discretion.
SECURITY DEPOSITS: To help protect us against loss, damages or theft of the jewelry, we require a Security Deposit approximating 5% of the retail value of all jewelry items rented. We do reserve the right to require up to 50% of the retail value at our sole discretion. The retail value of the jewelry, and therefore the amount of the Security Deposit, will be determined by us in our sole discretion and will be reserved against your credit card, but will be released upon return of the jewelry in the same condition as when delivered to us as provided in these Terms & Conditions. Any late fees/damage fees/additional fees or charges due us as provided in these Terms & Conditions will be charged to your credit card upon our receipt of the jewelry or the expiration of eight (8) days after the Return Date, whichever is earlier.
If you do not have enough credit available on your credit card account to allow the reserve to for the Security Deposit to be applied, we will regard the order cancelled as set forth under "Cancellation" below.
LIQUIDATED DAMAGES: Breath of Jewelry will retain title to all rented jewelry except as specifically provided in this paragraph. We will prepay shipping insurance for delivery to and from you and we'll provide insurance for loss or damage while the jewelry is in your custody. The insurance of the jewelry while in your custody will be subject to a deductable of 33% of the Retail Value of the jewelry. Any claims against the insurance coverage for damage or loss while in your custody is subject to adherence to our Insurance Claim Filing process which may require filing of police reports and/or other legal affidavits. If any of the jewelry is damaged during this period, you will be responsible for the damage as provided under "Damage to Jewelry" below. If any of the jewelry is lost, stolen it is subject to the Insurance Claims Filing process. If it is returned other than within fourteen (14) days of the Return Date for any reason under these Terms & Conditions, as liquidated damages we will have the right to charge your credit card account an amount equal to 50% of the Retail Value attributable to each such item plus any due rental fees, shipping fees and taxes. If we exercise our right to require payment of 50% of the retail value of any item due to failure to timely return that item, we will waive all applicable late fees and damage fees otherwise chargeable with respect to those items, we will refuse return of the item(s) in question, and you will acquire title in such item(s) from us. You agree and acknowledge that the Liquidated Damages provided for by this paragraph are intended as compensation to us, and are not intended to be a punishment or penalty, because the damages that we would suffer by way of failure to return our items other than within fourteen (14) days after the Return Date are incapable or very difficult of accurate estimation because of factors including, without limitation, our recovery of anticipated profits, our loss of sales and reputation due to unavailability of items, fluctuations in the value of gems and precious metals, and changes in our insurance rates or the availability of insurance coverage. For the foregoing reasons, you agree with us that the amounts fixed above are a reasonable forecast of just compensation to us in the event of failure to return the items other than within fourteen (14) days after the Return Date.
CARE OF THE JEWELRY:
We will inspect and clean every piece of jewelry before delivery to you. While in your possession, we expect you to handle the jewelry with the utmost of care and follow care instructions stated in package inserts.
DAMAGE TO JEWELRY:
As we lend you our precious jewelry and leave it in your possession, we expect that you will take good care of it as if it were your own.
A minimal amount of wear may occur with a rental use consistent with wearing high quality jewelry to a formal event. If any piece of jewelry is damaged e.g. we are unable to re-use the jewelry set and will need to repair it (including but not limited to chain broken, more than one stone missing, shows abnormal signs of wear, or is abnormally dirty or encrusted with any foreign substance), we will have the right to charge a repair fee to replace the Product.
If any damage is found or a stone is lost upon arrival of the Product, you will be required to contact Breath of Jewelry within the same day of accepting your parcel. Failure to do so, you may be liable for any damage fees, the amount of which is left to our sole discretion based on the extent of the damage or repairs.
SALES/USE TAXES: Applicable sales or other transaction taxes imposed on us in connection with your order will be included in your fees. Applicable use or other transaction taxes imposed on you in connection with your order of the jewelry are solely your responsibility to report and pay.
LIABILITY: You recognize and acknowledge that having valuable jewelry in your possession or use can be inherently dangerous and unpredictable. We are not responsible for any accidents or harm that may arise from your possession or use of our jewelry and in addition to our other rights and remedies pursuant to these Terms & Conditions, you hereby agree to indemnify us from any claims, charges or costs arising from your possession or use of our jewelry or any related activities.
While we will provide you jewelry as described in our product descriptions, we do not expressly or otherwise guarantee or warrant the jewelry for any specific performance or purpose other than as it is described.
You hereby expressly recognize and acknowledge that (i) all orders are placed with, and transactions are consummated solely by, Breath of Jewelry, (ii) Bartolini, Inc. is not responsible in any manner for any of the jewelry or any of the transactions contemplated hereby, and (iii) Bartolini, Inc. makes no representations, warranties or conditions, express, implied or statutory, including without limitation, warranties of merchantability, fitness for a particular use or purpose, all of which are hereby expressly disclaimed. You hereby voluntarily and irrevocably release, and agree to indemnify and hold Bartolini, Inc. and its affiliates, shareholders, directors, officers, employees and agents harmless from any claims (including third party claims), losses, damages, charges or costs (including attorney's fees) arising now or in the future from or in connection with your possession or use of our jewelry, the transactions contemplated hereby (including failure to consummate any of the transactions contemplated hereby), and/or any related activities.
RESERVATION REQUIREMENTS: Reserve as far ahead as possible to ensure best selection of jewelry.
You will be contacted if your order cannot be shipped due to unforeseen issues with inventory availability or other reasons. Alternative pieces will be discussed with you at that time and all of your fees (including the Reservation Deposit) will be refunded if an alternative solution, acceptable to you, is not identified. We will have no liability to you in the event that items are unavailable as contemplated by this paragraph, even if you have reserved them, other than return of the Reservation Deposit and any rental fees paid to us. In no event will we be liable for any damages whatsoever including without limitation direct, indirect, special or consequential damages.
CANCELLATIONS: If you cancel your order in writing more than two weeks ahead of the scheduled shipping date, 75% of the rental payment will be refunded. If you cancel your order less than two weeks ahead of the shipping date, only the shipping and insurance fees portion of the payment will be refunded. Cancellation of an order is not an option once the jewelry has left our facility.
SEVERABILITY: In the event any provision of these Terms & Conditions is held to be illegal, invalid or unenforceable to any extent, (i) the legality, validity and enforceability of the remainder of these Terms & Conditions shall not be affected thereby, (ii) said provision shall be modified by the court to the minimum extent necessary to render it not illegal, invalid or unenforceable, and (iii) these Terms & Conditions shall continue in full force and effect as modified and shall be enforced to the greatest extent permitted by law.
GOVERNING LAW; VENUE; CONSENT TO JURISDICTION: These Terms & Conditions and all rights and obligations of the parties shall be governed, construed and interpreted under and pursuant to the laws of the State of Nevada applicable to agreements made and to be performed entirely within such State. The jurisdiction for any action arising out of or relating to these Terms & Conditions and the transactions contemplated herein may be in a State or Federal court of appropriate jurisdiction located in or having jurisdiction over Las Vegas, Nevada. Each party to this Agreement hereby waives any objection to the jurisdiction of or venue in any such court and to the service of process issued by such court and agrees that each may be served by any method of process described in the Nevada or Federal Rules of Civil Procedure. Each party to this Agreement hereby waives any right to claim that any such court is an inconvenient forum or any similar defense.