Terms and Conditions
Terms and Conditions
The following Terms of Service (“Terms”) between you (“you” or “your”) and DIY-Tables
LLC. (“we”, “our”, “us”) describes the terms and conditions on which you may access and
use the DIY-Tables. website located at www.diy-tables.com (the “Site”) and related
services including product rental and sale services as defined below, the (“Services”). By
accessing or using any of the Services, you acknowledge that you have read, understood,
and agreed to be bound by the Terms set forth herein.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental Terms and Conditions or documents that may be posted on the Site are
hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to change or modify, supplement or amend the Terms of Use at any time and
for any reason without prior notice. We may, but shall not be required to notify you, by
updating the “last updated” date of these Terms of Use, and you waive any right to
receive specific notice of any such change. It is your responsibility to periodically review
the Terms of Use to stay informed of updates. As the same may be changed or modified,
supplemented or amended.
This site is intended for users who are at least 18 years of age. Persons under the age of
18 are not permitted to use or register for the site. Products may not be rented or
purchased for use by individuals under 18 years of age. By agreeing to these Terms, you
represent that you are 18 years of age or older and that you are authorized to use the
chosen payment method (including, without limitation, credit cards, debit cards, ACH
payments) for the purpose of renting or purchasing the Products as described in these
Terms.
CANCELLATION POLICY
You may cancel your order up to fourteen (14) days prior to the date scheduled event
at no cost, upon proper notice you will receive a full refund. In the event of a
cancellation fourteen(14) days or less no refund can be issued.
CHANGED ORDER
You may add and or remove items from your order at no charge up to fourteen (14)
days prior to the scheduled event. Thereafter, additional fees may apply to any
change, amendment, alteration or supplement.
GENERAL CONDITIONS
The following general conditions shall apply to all rental agreements.
1. Rental and Sale of Products
All items rented or sold on the site shall be final upon delivery thereof. The cost as
set forth on the site includes payment for all essential services (ie: delivery, and
pick-up, we may collect taxes as the same is required by the taxable authority in
the state or local jurisdiction where delivery takes place. Sales taxes may be
collected by the vendor however, the payment of the same is the responsibility of
the customer.
2. Products
The services include the rental and sale of event supplies, decor, and related
services (“Products”). This agreement sets out the terms and conditions that apply
to your rental or purchase of any Product.
3. Credit
Upon receipt of an order we receive the right of an independent credit check to
verify the customers identity and ability to pay
4. Limits
You acknowledge and agree that we may place limits on the rental or purchase of
Products. We reserve the right to limit, cancel, or prohibit any rentals or sales of
Products for any reason in our sole discretion, including but not limited to
availability and geographic concerns.
5. Communications
You consent to receive communications from us, including email, text messages,
and phone calls. The communications may be for the purpose of notifying you of
the status of your order, sending you reminders, and providing you other
information. Standard message and data rates charged by your mobile carrier
may apply.
You may opt out of receiving communications by following the unsubscribe
procedures or contacting our Customer Experience team. You acknowledge that
opting out of communication may impact your use of the Services.
RENTALS
The following additional conditions apply to the rental of any Product.
1. Rental Fees & Charges
The rental fee (“Rental fee”) for the Product will be the total of the rental fee,
insurance charges, and delivery charges listed on the Site for your rental of the
Product. When you place an order for a Product, you hereby authorize DIY-Tables to charge your payment card for the Rental Fee. DIY-Tables will charge your payment card immediately upon order, regardless of how far in advance that
Product is reserved. In addition, you hereby authorize DIY-Tables to charge your
payment card for an amount equal to, but not in excess of 200% of the original
retail value of the product in the event of non-returned or damage beyond
repair. Rental Fees exclude all federal, state, and local taxes, fees, customs, duties,
and other governmental assessments, all of which shall be paid by you directly or, if paid by DIY-tables, shall be paid by you to DIY-Tables in connection with your
order.
2. Rental Agreement
The customer (Lessee) acknowledges that in the event the equipment,
chinaware, glassware, silverware and other property described herein
(DIY-Tables Party Rental Property) sustains any damage or destruction or is lost
or stolen while under lease to Lessee, Lessee agrees to pay DIY-Tables Party
Rental Ltd. (Lessor) the costs for repair or replacement. Lessee further agrees
to accept full responsibility and liability, and Lessee shall indemnify Lessor, for
any injury to Lessee, for any damage to the property of Lessee, for any injury to
any other person (s), for any damage to the property of any other person(s) and
any other loss that may result through the use or misuse of the Party Rental
Property. The Lessor is not responsible for any damage or liability incurred by
handling Lessee’s or any other person’s personal property. Lessee shall pay all
invoices when due. Lessee agrees and acknowledges that Lessee is subject to
additional charges if Lessee fails to return the Party Rental Property to the
Lessor, or fails to make the Party Rental Property available to the Lessor for
pick-up at the time and date set.
3. Insurance
Customer will purchase and maintain insurance or indemnity protection
sufficient to cover its indemnity obligations hereunder. The limit of liability for
such coverage shall be no less than [$1 million] per claim/occurrence.
DIY-Tables Party Rental Property and its directors, officers, and employees, to
the extent of the owed indemnity obligations, shall be named as “additional
insureds” under such policies.
4. Collections
If you do not pay the amounts you owe to DIY-Tables Party Rental Ltd. when due, then we may institute collection procedures. You agree to pay DIY-Tables costs of collection, including without limitation reasonable attorney’s fees.
5. Delivery
Subject to availability, your Products may be ordered up fourteen (14) days ahead of your requested delivery date. Orders within seven (7) days of your desired delivery date are subject to the approval of DIY-Tables and cannot be guaranteed. All deliveries will be through a shipping partner, which may vary at the discretion of DIY-Tables.
6. Receipt of the Products
Upon delivery, you bear responsibility for the Products. DIY-Tables does not bear
liability for Products left unattended in an unsecure delivery location. You agree to provide a safe delivery address upon confirmation of your order. In the event that an unsecure Delivery address is provided, DIY-Tables does not maintain liability for items lost or stolen. You acknowledge that “unsecure delivery address” refers to (but it is not limited to) locations where DIY-Tables Products can not be left unattended for extended periods of time. In addition, DIY-Tables does not maintain liability for delays or loss associated with failure to provide a secure delivery address.
7. Return
We do not ship products, only white glove delivery. DIY-Tables Products must be returned in original condition. Products not returned complete with all inner components will incur a fee that will be deducted from your deposit. Additionally, Products returned excessively dirty, containing food particles, or otherwise reflecting a repack process outside of that outlined are subject to a cleaning fee of $100.00
8. Use of the Products
By renting Products from DIY-Tables you agree that it is for a legitimate purpose and not
to engage in unfair and/or illegal business activities or competition. You agree to treat the
Products with great care, You are responsible for loss, destruction, or damage to the
Products for any reason other than normal wear and tear. Normal wear and tear includes
but is not limited to minor stains, scratches, or other minor damage. You acknowledge
that what constitutes as minor damage is at the sole discretion of DIY-Tables. If you return
a Product damaged beyond normal wear and tear, then you agree to be charged for the
price of repairing or replacing the Product, up to the Retail Value of the Product.
9. Third Party Handling
DIY-Tables reserves the right to have third party carriers pickup and delivery of the parcel.
FEES
The following fees shall apply to all rental conditions.
1. Deposits
DIY-Tables reserves the right to require a deposit on any order made through the site(www.diy-tables.com). Said deposits shall be refundable, but only in
accordance with the cancellation policy set forth herein. Furthermore the deposit
may be used for the payment of late fees or failure to timely return products,
including any damage to the product by the customer or any other reasonable
costs or expenses regarding the rental and return of the product.
2. Late Fees
For orders returned after the scheduled date of three (3) business days post
event, there will be additional fees of $25 dollars per day. Charges will recur until
return package shipment has been confirmed.
REPRESENTATIONS AND WARRANTIES
The following representations and warranties shall apply to all rental agreements.
1. Indemnification by Customer
Customer agrees to accept full responsibility and liability, and shall hold
harmless, defend, save, and indemnify Party Rental and its agents,
employees, officers or directors from and against any and all liability, claims,
demands (whether or not groundless, false, or fraudulent), costs, damages,
losses, judgments, or awards, including legal and attorney fees, brought by a
third party or parties and arising out of or in any way connected with any act
or omission of Customer or its employees or other persons. The duty to
defend as provided herein is separate and distinct from the duty to indemnify,
and shall arise immediately upon the tender of any third party claim or
demand, and shall continue until it is conclusively proven that there is no
possibility for indemnity.
2. Limited Warranties
The following are the limited warranties DIY-Tables provides in connection with
Product rentals. DIY-Tables liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee as determined by DIY-Tables.
(a) Correct Products
Subject to availability, we will deliver the Products you ordered, including
the specified size, color and design, on or before the delivery date for which
you ordered them, except in the rare event that the Product is damaged
beyond repair or there is an occurrence subsequent to the placing of the
order that prevents timely delivery. In such an event, we will make
reasonable efforts to notify you that the Product is unavailable. If we are
able to reach you, you will be entitled to choose any available rental
Product to replace the unavailable Product. If we are unable to reach you,
you acknowledge and agree that we may send you a reasonable
replacement product of the same or greater value. Products may appear
different in color and style than as displayed on the Site.
(b) Purchase Price
The purchase price (“Purchase Price”) for the Products will be the
purchase fee and delivery charges listed on the Site in connection with
your purchase of the Products. Purchase Price is as listed on the
DIY-Tables website at the time of purchase. DIY-Tables reserves the
right to alter Purchase Price, discount, or availability of any particular item
at its discretion and without notice. Upon your purchase order for a
Product, you hereby authorize DIY-Tables to charge your payment card
for the Purchase Price. We will charge your payment card the amount of
the Purchase Price immediately upon your purchase order. Purchase
Prices exclude all federal, state and local taxes, fees, customs, duties,
and other governmental assessments, all of which shall be paid by you
directly or, if paid by Social Studies, shall be paid by you to Social
Studies in connection with your purchase order. Purchase orders are
final and cannot be cancelled.
3. User Representations
By using the Site, you represent and warrant that (1) all registration information you submit will be true and accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary ; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete we have the right to terminate the account and cancel any orders placed by that account.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make
the Site available. The Site may not be used in connection with any commercial
endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, database or directory without written permission
from us.
2. Circumvent, disable, or otherwise interfere with security related features of the
site, including features that prevent or restrict the use of any content of the Site.
3. Use the Site in manner inconsistent with any applicable laws or regulations.
4. Delete the copyright or any other proprietary rights notice from any Content.
5. Create user accounts by automated means or under false pretense.
6. Use the Site as part of any effort to compete with us or other revenue generating
endeavours or commercial enterprise.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, publish, or broadcast content on the Site, including
but not limited to text, photographs, graphics, comments, suggestions, personal
information or other material. Contributions may be viewable by other Site users and
through third-party websites. Any Contributions you transmit may be treated in
accordance with the Site Privacy Policy. When you create any contributions, you
thereby represent and warrant that:
1. You the creator release permissions to use and authorize us, the Site to use
your Contributions in any manner contemplated by the Site and these Terms
of Use.
2. Your Contributions are not false, inaccurate or misleading.
3. Your Contributions are not solicitations, unauthorized advertisements, pyramid
schemes , spam or chain letters.
4. Your Contributions are not obscene, violent, harassing, slanderous or
otherwise objectionable.
5. Your Contributions do not intimidate or abuse anyone.
6. Your Contributions do not violate the privacy or publication rights of any third
party.
7. Your Contributions do not contain any material that solicits information from
anyone under the age of 18.
8. Your Contributions do not include any offensive language or comment that are
connected to race, gender, nationality, sexual-preference or physical
handicap.
9. You may not organize a campaign encouraging others who have not visited
our Site to post reviews whether negative or positive.
By submitting feedback or suggestions, or any Contribution to the Site, you agree that
we can use and share such material for any purpose without compensation to you.
You agree to allow DIY-tables websites, affiliates, and representatives to photograph
and use photographs of your event for promotional gain without compensation to you.
We may accept, reject or remove reviews with our sole discretion. Reviews are not
endorsed. we do not assume liability for any review or claims, or losses resulting from
any review. By posting you hereby grant us a perpetual, non-exclusive, royalty-free,
and sublicensable right and license to reproduce, modify, translate, transmit by any
means, display, perform, and/or distribute all content relating to reviews.
Any violation of these Terms, may result in suspension or termination of your access to
the Services and/or removal of Your Content. DIY-Tables may also terminate your
account if DIY-Tables determines that your conduct poses a risk or liability to DIY-Tables,
or for any other reason as determined by DIY-Tables in its sole discretion.
EFFECTS OF TERMINATION
In each of these cases, the Terms will terminate, including your license to use the
Services, except that the sections pertaining to Rental Fee, Late Fees, Lost Return
Packaging, Failure to Pay Fees, and Acknowledgment will still apply.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DIY-TABLES BE LIABLE FOR ANY DAMAGES
OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE
OTHERWISE PROHIBITED BY LAW.
DISPUTE RESOLUTION; ARBITRATION
Informal Process First
Both you and DIY-Tables agree that in the event of any dispute between us, you and Dl
first contact the other party and make a good faith sustained effort to resolve the dispute
before resorting to more formal means of resolution.
INFORMAL PROCESS FIRST
All disputes between you and DIY-Tables will be resolved by BINDING ARBITRATION.
YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or
defend your rights under this contract, except for matters that may be taken to small
claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury.
JURISDICTIONAL ISSUES
DIY-Tables makes no representation that the Services are appropriate or available for use
outside the United States. Those who choose to access the Services or any part thereof
from outside the United States do so at their own risk and are responsible for compliance
with applicable local laws.
EXPORT LAWS
The laws of the United States of America prohibit the export of certain software and data
to particular persons, territories, and foreign states. You agree not to export the Services,
including the DIY-Tables Content, or any part thereof, in any way, in violation of United
States law.
GOVERNING LAW AND VENUE
These Terms are governed and interpreted pursuant to the laws of the State of New York,
notwithstanding any principles of conflicts of law. Any disputes in connection with these
Terms that, notwithstanding the mandatory arbitration provision we have agreed to above,
results in court action, shall be resolved exclusively by a state or federal court located in
New York County, New York, and you specifically consent to the personal jurisdiction of
such courts and waive any claim of forum non conveniens.
ENTIRE AGREEMENT
These Terms are the entire agreement between you and DIY-Tables relating to the
subject matter herein and shall not be modified except by DIY-Tables in accordance with
these Terms, or as otherwise agreed in writing by you and DIY-Tables . No employee,
agent or other representative of DIY-Tables has any authority to bind DIY-Tables with
respect to any statement, representation, warranty or other expression not specifically set
forth in these Terms.
CONTACT US
In order to resolve a complaint or to receive further information regarding use of the Site,
please contact us at:
(866) 349-3434
