GENERAL CONDITIONS OF CONTRACT

 

 Art. 1) PREAMBLE

 

These general conditions apply to all orders placed on the website www.armgem.com.

They are between: - ArmGem LLC, 1020 W. 11th Ave., Denver, CO 80204, which operates under the brand name ArmGem ™ service rental of handbags through its website www.armgem.com - and secondly, any person, hereinafter called "the ArmGem Member", wishing to benefit from services offered by ArmGem on the website mentioned above. Can benefit from the services offered by the site www.armgem.com: - Any over 18 capable individual ; - Whose usual home is located on the territory of the United States; - Having an account with a credit institution located on the territories, a credit card and an email address. These general conditions of sale have been updated February 21, 2014. ArmGem, LLC reserves the right to modify at any time. The amended terms and conditions and will apply to Customer for any new order.

 

Art. 2) OBJECT

 

These terms are intended to define the modalities for the implementation of all services provided by ArmGem, LLC, www.armgem.com via its website.

 

Art.3) CONTRACT FORMATION

 

Any person who becomes a member or places an order on the website www.armgem.com, adheres fully and unreservedly with these conditions. However the contract between ArmGem, LLC and the Customer is validly and definitively concluded that as of the date of the express acceptance of the subscription or order by ArmGem, which will be materialized by sending an email confirmation to the Member. ArmGem, LLC reserves the right to refuse any subscription or order. At the date of ArmGem LLC’s acceptance, the contract cannot be questioned besides in cases restrictively provided in these terms. Any order signed by the consumer double-clicks "constitutes an irrevocable acceptance which can be challenged only within the limits provided in these Terms of Use. 

Art.4) SUBSCRIPTION

 

4.1 Services offered by subscription package:

 

The purchase of a subscription allows the customer to receive any handbag at the specified price. All services currently available to customers are described below.

 

4.2 Description of subscription plan:

The subscription plan is available on the website www.armgem.com. This corresponds to subscription period of one duration: Monthly subscription (every 1 month) 

4.3 Subscription:

Subject to other provisions of these terms, the member will only be effective when ArmGem, LLC will send a confirmation email to the Customer.

 

4.4 Duration of subscription:

Each rental subscription is a period corresponding to one month.

 

4.5 Unsubscribe:

 

The Customer may cancel or unsubscribe from the subscription at any time by emailing Cancellations@armgem.com.  Upon cancellation the Customer will receive an email confirmation and any subscription charge is due reward for all of its initial period and will not be entitled to any refund or compensation in the case example of an early termination of the subscription. 

 

ArmGem, LLC reserves the right to terminate any subscription without refund or compensation in the event of non-compliance by Customer of any obligations and especially after an incident or payment for loss, theft or damage to a rented handbag. This termination will take effect immediately after its notification by ArmGem, LLC by email or letter with acknowledgment.

 

Upon termination of a subscription, the Customer must immediately return any rented bag in his/her possession and pay any amount owed to ArmGem, LLC. 

 

Art.5) DESIGNER HANDBAG RENTAL SERVICE

 

5.1 Selection of a handbag:

 

The bags available for rent by ArmGem, LLC are purchased new or slightly used. ArmGem, LLC provides maintenance and renovation of handbags before every rental.

 

5.2 Form of leasing:

 

The Customer has a minimum commitment to rent each handbag for a period of 1 month, after this 1 month period the term will default to a month to month rental period.  After the initial 1 month period a new handbag may be selected and will shipped to the customer.  Upon receiving the new handbag the previously leased handbag is to be returned within 2 business days in the shipping container provided to avoid any overlapping costs.  ArmGem, LLC reserves the right to accept or reject each renewal made by the Customer to perform maintenance or control over the purse or any other pattern. 

 

5.3 Rental rates:

 

The current rates for each of the rental formulas and for each bag are available on the website www.armgem.com. ArmGem, LLC reserves the right to change prices at any time. However any change in rate for the rental formula chosen by the Customer will be applied only after the period of tenancy, that is to say at the time of renewal if it was expressly authorized by ArmGem, LLC. The payment of the rent comes at the order date and is realized by credit card. Pre-paid cards are not accepted as a form of payment. The customer is required to provide a valid card on file during the duration of the rental.  In case of renewal, the Customer authorizes the ArmGem, LLC to take the rent debit by his/her credit card. Any rental charge is due reward for all of its initial period and will not be entitled to any refund or compensation in the case example of an early termination of the lease. Valid credit card must be on file at all times while a handbag is out on rental. Failure to not obtain a valid credit card on file will lead to legal action and collections for any past due amount, the MSRP of the purse (if not returned), and additional fees. Declined transactions will be charged an additional fee of $35 per transaction. 

 

5.4 Placing an order:

 

Customers may rent up to two handbags once a history has been established with ArmGem prior to the additional rental and will require a deposit or an additional card on file. An authorization will be made on the additional card before the additional handbag can be rented. Some handbags may be subject to a deposit and will be determined by a percentage of the retail cost of the handbag. Deposits will be refunded once ArmGem property has been returned and cleared of damage or can be put towards another rental upon the customers request.  ArmGem, LLC accept new Client's order once the bag previously leased is back. ArmGem, LLC will send the customer an e-mail order confirmation: - The date of filing of the parcel to the carrier; - The number of packages (to enable tracking on the Internet); - The date of subscription renewals of the handbag; - The handbag's state is assumed new or no major appearance of deterioration (stain, tear, scratch, burn, etc.), the Customer will be notified only if there is any degradation; - The details of the carrier.

 

5.5 Delivery:

 

Delivery will be made by a supplier selected by ArmGem, LLC for this purpose at the address specified by Customer or any other address given by him/her at the time of order. The parcel delivery contains: - The handbag in a protective bag; - An explanatory letter; - The package provided for the return; - The prepaid shipping label(s) for their return; - Transport insurance prepaid for return. If the Client finds that the actual condition of the bag does not match the information provided by ArmGem, LLC in the mail order confirmation referred to in Article 5.4, it shall: - Notify ArmGem, LLC by e-mail address: CustomerService@armgem.com or phone number listed on the website within an hour after delivery of the package, and, - Return the purse within 24 hours. If postal services are closed, the Customer will return the bag before the first day opening of a postal service. Otherwise, any appeal shall be forfeited, the Customer will no longer challenge the information provided in the email order confirmation and will not be entitled to any refund or compensation.

 

5.6 Calculating the length of rental:

 

The first day of the tenancy begins on the date the package was delivered to the customer by ArmGem, LLC provider carrier as specified in the order confirmation mail referred to in Article 5.4. The deposit receipt provided by ArmGem, LLC will prevail between the parties. The last rental day is the day of delivery of the purse, by the Client, ensuring the return to service. The rental period is calculated in calendar days. If the last day is a day on which postal services are closed, it ends on the first day of opening of a postal service. Customer must keep the receipt of the provider of delivery as proof of filing.

 

5.7 Return of purse:

 

The Customer shall return the handbag to the expiration of the lease term. The Customer undertakes to post the handbag exclusively in its original and provided packaging prepaid and insured. The customer must ensure that the carrier furnishes all the proofs of deposit of the bag, otherwise it may be liable in case of loss of product. If Customer damages, loses or throws away that package, he should contact ArmGem, LLC, to arrange return. It is also agreed that if the Customer returns the handbag without using the provided prepaid packing, they must return the handbag in similar packaging, at its expense, using a routing service quality at least equivalent to that used by ArmGem, LLC for forwarding. Customer must request a return shipping label 5 days prior to renewal date to no incur any future subscription charges.

 

5.8 Use of the bag during the tenancy:

 

The Customer undertakes to use the bag with care and take all necessary precautions to avoid damage. It assumes physical custody and legal under its sole responsibility. In particular, it undertakes to use for transportation and storage, protective pouch delivered to that effect. It will avoid: - Exposing the bag to any source of potential damage such as dust, strong variations in temperature, sunlight, humidity, shock; - Clean the bag by using no other than a dry and clean cloth or by any other instructions than those provided by ArmGem, LLC; - To leave the handbag out of the reach of young children; - Do not insert inside the bag, anything likely to stain and / or damage. The Customer may use the bag rented for personal use only. Thus, it is forbidden to lend or the sub-lease the bag, to make it available to others and to make any professional or commercial use.

 

5.9 Loss, Theft or degradation of the bag:

 

In case of loss, theft or deterioration of the bag (stain, tear, scratch, burn, etc.), The Customer undertakes to notify ArmGem, LLC email (contact: CustomerService@armgem.com) or telephone (toll indicated on the website) within 24 hours after the occurrence of the event. Furthermore, if degradation of the bag, the Customer agrees not to undertake or arrange for repairs under its own power. It will return the bag within 24 hours. If postal services are closed, the first day of opening a post office. Any return of a bag in a state different from that stated in the letter of confirmation referred to in Article 5.4, shall be construed as degradation. 

ArmGem, LLC reserves the right to charge the Customer: - In case of deterioration, the cost of repairs upon presentation of invoice, or if the repair cannot afford to put the bag in its original condition, the Manufacturer's Suggested Retail Price (MSRP) price of the bag to allow for substitution; - In case of loss or theft, the MSRP price of the bag to allow for substitution.

Customer agrees that ArmGem, LLC can directly recover the cost of substitution by direct debit to their credit card and is expressly forbidden to take any action which would prevent recovery. ArmGem, LLC undertakes not to rent that bags do not constitute infringement. To this end, each bag has a system to ensure traceability. 

 

The Customer agrees not therefore degrade the tracking system, to replace the bag rented by any other bag and replace it with a counterfeit. All bags returned that prove not to be rented the bag will be processed by ArmGem, LLC as a case of loss or theft. If the bag and back, proved to be a forgery, ArmGem, LLC reserves all recourse against the Customer. 

 

Art.6) COMMON DISPOSITION

 

6.1 Gift Vouchers

 

ArmGem offers gift vouchers valid for a limited time and only for the services offered on the site www.armgem.com. Gift certificates are personal and only the person named as beneficiary at the time of purchase may be used. Only those persons referred to in Article 1 are eligible for services offered by the site www.armgem.com may receive and use gift certificates. Gift certificates can result in monetary consideration, in any form whatsoever, in whole or in part (including the rendering of money, credit on account or card). They cannot be replaced if lost or stolen or after the expiration of their period of validity, exchanged or sold. ArmGem will make no refund of all or part of a gift, in case of non-use or partial use. To validate any subscription and / or orders, the recipient of the gift certificate must necessarily enter a valid credit card, even if the transaction amount is equal to $0 which is the case if the amount of / the check (s) gift (s) equals or exceeds the amount of the transaction. By using the voucher (E-Gift number), the recipient will be guests in accordance with these terms and conditions and agree to abide by them. Under the rental handbag conditions, the amount of the gift certificate will be deducted only from the return of rented bag. 

 

6.2 Placing orders online

 

The placing of the order is carried out by a series of data entries on successive screen pages. When you confirm your order, you accept it as the entirety of these terms and conditions fully and without reservation. You will then be asked to enter your bank details (credit card number and expiration date) for online payment. 

You will be able to print a summary of the transaction including the date, the contents of the service and price. As the meaning of the transaction by the bank, ArmGem take your order and send you a detailed receipt thereof by electronic mail. This acknowledgment will advise you of your order number, the exact amount charged and terms of delivery. This acknowledgment constitutes acceptance of your order and validate the transaction. Your order is then processed so that you can receive the product. A valid identification and proof of address (USA) may be required for all first orders. If verification information is not received within 5 days of the order being placed the order is automatically cancelled and the rental amount is fully refunded.

However, we reserve the right to cancel any order from any client at any time at ArmGem's discretion. In the event beyond our control, an item may become unavailable ordered an outage notification will be sent by mail and we will refund the amount of the missing item as soon as possible. Orders are archived on our server. At any time you can access the details of your orders by checking your account on the website. You agree that our registration systems are worth ordering proof of the nature of the Convention and its date. 

 

6.3 Right of withdrawal

 

It is recalled that the Customer has a period of 7 days from the purchase of a subscription to exercise his/her right of withdrawal, notifying the company by mail at the ArmGem ' address listed above (ArmGem headquarters) or by email at the following address: CustomerService@armgem.com, without any reasons. 

Concerning in particular the case of subscription of the subscription, it was agreed that the withdrawal period of 7 days mentioned above shall be exercised by the customer when sending a handbag is reached before the deadline of 7 days. The product must be returned in the condition it has been delivered, along with all accessories in its original packaging. When returning a damaged bag, the provisions of section 5.9 apply. Rentals are not accompanied by the right of withdrawal. Any rental charge is due reward for all of its initial period and will not be entitled to any refund or compensation in the case example of an early termination of the lease.

 

6.4 Price

 

Prices are quoted in US dollars. Other costs include processing (shipping, packaging and manufacture of packages) applicable to the order date will also be listed in the order, if applicable. ArmGem reserves the right to change prices at any time. Price changes, and handling fees will not be changed once the customer receives his/her order confirmation. 

 

6.5 Terms of payment

 

Unless stated otherwise in the order or in these conditions, rental services are paid only by credit card on secure bank servers. No banking information is communicated to the Customer or ArmGem is transmitted via the site www.armgem.com. When confirming your order you are directed to the secure payment site which incorporates the standard SSL security and adheres to PCI DSS 2.0 Compliance for securely managing credit card data. Confidential data is transmitted in encrypted form.

 

6.6 Payment default

 

ArmGem reserves the right to refuse an order if there was payment issues on a previous order or for any other reason. Any amount due and not paid when due will bear interest at a rate equal to one and half times the legal interest rate for the entire period between the date of payment of the sum and that of its full payment, late fees, principal and accessories, without any need to send any notice. If not paid Collections will be pursued and the Customer will bear collection fees, attorney's fees, and court costs.

 

6.7 Credit Investigation and Reporting.

 

By using the ArmGem’s Service, you give ArmGem permission to investigate your credit record and obtain your credit report in connection with the approval of your order and extension of credit by renting ArmGem’s property. A credit report may also be requested in connection with multiple bag rentals, account renewal, account collection action or dispute investigation. You understand that ArmGem may report negative information (such as late payments, missed payments, or other defaults) about your account to credit reporting agencies.

 

 

6.8 Terms and Delivery:

 

Deliveries will be made in the United States. The handbags will be delivered to the shipping address provided when the subscription is made or to the address provided during the order taking. It is clear that the carrier selected by ArmGem will be indicated in the email order confirmation. 

Exceeding the time of dispatch may not result in any cancellation of the order, no reduction in the price paid by the purchaser, and no payment of damages, since the customer comes within 30 working days after order confirmation. After this period of 30 days, Customer shall not be entitled to reimbursement of the order that was not honored. 

It is the Customer's responsibility to verify the compliance of the product at the time of delivery and before signing the carrier's delivery and indicate on the delivery of all reserves accompanied by his/her signature. Such verification is considered to be made when the Customer or any person authorized by it, signed the delivery note. If at the time of delivery, the original packaging is damaged, torn, open, then you must check the status of the product. If they were damaged, you must refuse the package and noted a reservation on the delivery (package refused because opened or damaged). You will also send these reserves to ArmGem via email within 24 hours. 

 

6.9 Information - Privacy

 

The Customer expressly agrees to connect to ArmGem, and accurate data to inform ArmGem any changes in the information provided, including any change of address and bank details. The Customer undertakes to preserve the confidentiality of his/her / her login and access code; they are strictly personal. It's the same information accompanying the vouchers. The Customer shall be solely responsible for all the damaging consequences of the disclosure to any third party by Customer, its identifier and / or its access code.

 

6.10 Property

 

All the elements constituting the www.armgem.com site comes under US and international copyright and intellectual property. All property rights are reserved, including iconographic and photographic works presented on the site. Marks reproduced on the site are submitted by companies that own them. The Customer agrees not to reproduce, display, operate, use or distribute all or part of the evidence presented on the site on any medium and by any means.

 

 

6.11 Responsibility

 

The photographs illustrating the products are not contractual. Customer acknowledges that the photograph of the product that appears on the website is indicative only. Alterations can indeed occur due to the processing of the photo. ArmGem cannot be held liable for breach of contract, in case of shortage, or unavailability of the product in case of failure by the carrier in the performance of its obligations including any delay or failure to deliver (loss , theft, breakage, in particular). 

ArmGem cannot be held liable for breach of contract in connection with acts of God, force majeure, disruption or total or partial strike of postal services and transport and / or communications, flood , fire, acts of terrorism, acts of war. ArmGem cannot be held liable for the site is unavailable due to a technical problem on the server hosting company, the occurrence of any abnormality or defect of ISP, the interruption of traffic. In any event, the total amount of compensation that ArmGem might have to pay the Customer compensation for damages or for any reason whatsoever, is limited by the parties to the transaction value at the origin of the damage. It is expressly agreed between the Parties that if resolution of the Contract for any reason whatsoever, this clause will survive.

 

6.12 Filing and Proof

 

The records stored in computer systems from ArmGem and its partners in conditions of reasonable safety, will be considered proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and sustainable manner to correspond to a faithful and durable copy.

 

6.13 Choice of Law

 

This agreement shall be construed in accordance with and governed by the laws of the State of Colorado, without regard to conflict of laws principles.

 

End of Terms