Online Rental Agreement
Introduction. At The Wandering Pawn, our mission is to provide customers with access to the best and most entertaining board games available in the market, by maintaining a robust library of games in excellent condition and by forging ongoing relationships with customers that rent and treat our games kindly. To facilitate this mission, we prepared this Online Rental Agreement to describe to you what you can expect of The Wandering Pawn, and what The Wandering Pawn can expect from you, our customer, in this mutual relationship. Please review this Online Rental Agreement with an eye toward our mission, understanding how cooperative and responsible care for our games will continue to serve you and the board game community at large. Thank you for reviewing this information! By clicking the “I Accept” button, you, the Customer, agree and acknowledge that you have read and understood, and are bound by, the terms and conditions contained in this Online Rental Agreement. Now let’s get to the details!
* * *
In this agreement, the term “Rental Agreement” means this Online Rental Agreement, including the Reservation Details. “TWP,” “we,” and “our” mean delta-vlv, llc d/b/a The Wandering Pawn. “Products” or “Board Game” means any one or more of the items identified in the Reservation Details and any accessories or other similar items delivered to Customer. “Customer,” “you,” and “your” means the person or entity identified as such in the Reservation Details. “Rental Cost” means the full price identified in the Reservation Details. “Rental Period” means the period of three full days after the Customer receives the Products, not counting the day of delivery to the Customer. “Reservation Details” means the Products, Rental Period, Rental Cost, Delivery Information, Payment Information and other information set forth on the Confirmation/Order Summary Screen. “Credit Card” means the credit card provided by Customer as part of this Rental Agreement or otherwise kept on file with TWP. “Payment Method” means your Credit Card or PayPal account provided by Customer as part of this Rental Agreement or otherwise kept on file with TWP.
2. AUTHORITY TO SIGN
Any individual agreeing to this Rental Agreement represents and warrants that he or she is of legal age, and has the authority and power to sign this Rental Agreement on behalf of Customer.
3. GENERAL RESPONSIBILITIES
This Rental Agreement is between TWP and the Customer. TWP will provide Customer with the Products “as is” for the Rental Period and the Rental Price. Customer agrees to return the Product to TWP at the end of the Rental Period.
4. INITIAL PAYMENT AND DEPOSIT
Customer shall pay the Rental Cost in full at the time of rental. In addition, Customer shall pay the deposit identified in the Reservation Details in full at the time of rental. Customer must notify TWP in writing of any disputed amounts, including charges to your Payment Method, within four days after the charge is applied, or Customer shall be deemed to have irrevocably waived its right to dispute such amounts.
5. DELIVERY OF THE BOARD GAME
Once TWP receives Customer’s order, TWP will make reasonable efforts to deliver the Products in accordance with the customer’s selected delivery option. TWP will make a total of five attempts to contact you via telephone call or text message using the number provided in the Reservation Details, to arrange for delivery of the Products in your selected time slot. After five attempts to contact you, it is in TWP’s discretion whether to continue to attempt delivery. If TWP fails to deliver your order after these attempts, we will cancel your order. If cancelled due to non-delivery, you will be refunded.
6. USE DURING RENTAL PERIOD
Customers may use the Board Game during the Rental Period.
7. RETURN OF THE BOARD GAME
TWP will make reasonable efforts to pick up the Board Game within one day after the conclusion of the Rental Period. TWP will make a total of five attempts to contact you via telephone call or text message using the number provided in the Reservation Details, to arrange for pickup of the Products in your selected time slot. After five attempts to contact you, it is in TWP’s discretion whether to continue to attempt pickup. If TWP is unable to pick up the Products within three business days of the conclusion of the Rental Period, TWP will deem the Products lost or unreturned, and charge your Payment Method pursuant to Paragraph 9.
Upon timely receipt of the Board Game back from the Customer at the conclusion of the Rental Period, TWP will inspect the Products for damaged and/or missing components. TWP shall then refund the Customer’s deposit, minus the Rental Cost, and minus any deductions as set forth in Paragraph 8 and 9 below.
8. LOST OR DAMAGED BOARD GAME COMPONENTS
We hope that you will do your best to maintain the integrity and condition of the game you receive, and treat them as your own. We recognize that accidents happen, however, and therefore have the following policies in place to protect our Products. You agree to allow TWP to charge your Payment Method for the reasonable cost to replace any components of any Board Game that are found by TWP to be damaged, missing, or lost upon conclusion of the Rental Period. In the event that the degree of damage or number of missing or lost pieces to Board Game becomes excessive, compromises the integrity of the Board Game, or hinders one’s ability to play the Board Game, as determined by TWP in its sole and absolute discretion, TWP may deem the Board Game lost or unreturned and charge your Payment Method pursuant to Paragraph 9. We will alert you of any potential charges for lost or damaged Board Game or Board Game pieces prior to charging your Payment Method.
9. LOST OR UNRETURNED BOARD GAMES
It is our goal to maintain a robust and high quality selection of games for customers to enjoy for years to come, and to do that, it is important Board Games are returned to TWP in a timely way and in good condition. In the event the Customer does not return a Board Game to TWP within three business days of the conclusion of the Rental Period, or in the event the Board Game is returned in an unplayable state as determined by TWP pursuant to Paragraph 8, you agree to allow TWP to charge your Payment Method in an amount that is the higher of (a) the current retail price on thewanderingpawn.com for the Board Game or (b) the actual replacement cost incurred by TWP to replace the Board Game (including associated shipping charges). We will alert you of any potential charges for lost or damaged Board Game or Board Game pieces prior to charging your Payment Method.
10. PAYMENT PROBLEMS
If TWP is unable to charge your Payment Method for amounts due to TWP pursuant to this Rental Agreement, we may send your account to a collections agency. You agree to pay all reasonable collection costs, attorney fees, and court costs incurred by TWP and its successors and assigns in enforcing this Rental Agreement. Any amounts due to TWP pursuant to this Rental Agreement that remain unpaid longer than 30 days shall bear interest at the lesser of 10% per annum or the maximum rate allowed by law.
11. SAFETY AND CHOKING HAZARD WARNINGS
Products rented by TWP to Customers are not to be used or accessed by children under ten years of age. If you allow any person under the age of ten to play, use, or access a Product rented through TWP, you do so at your own risk. By renting the Product, you acknowledge that the Product may contain pieces, balls, plastic bags, marbles and/or other components that may pose a choking hazard to a child if left unattended. You further understand that TWP does not design or manufacture any of the Products. The Product’s packaging, inserts, and instruction manuals (which may be included with each shipped Product or may be available online through the manufacturer’s website) may contain age recommendations and warnings regarding safety which you must heed for your personal safety, and the safety of those who may come in contact with the Board Game while it is in your possession. BY USING THE SERVICE, YOU HEREBY ACCEPT FULL RESPONSIBILITY FOR, AND AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND TWP FOR, ANY CLAIMS, COSTS, DAMAGES, OR INJURIES ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS RENTED FROM TWP.
12. LIMITATION OF LIABILITY
THE PRODUCTS WE DELIVER ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT THEIR DESIGN, CONDITION, ACCURACY, OR FUNCTIONALITY. TO THE FULL EXTENT PERMISSIBLE BY LAW, TWP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE PRODUCTS WE DELIVER, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. IN NO EVENT SHALL TWP BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF OUR WEBSITE OR THE PRODUCTS RENTED BY TWP. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
13. ENTIRE AGREEMENT / ONLY AGREEMENT
The Rental Agreement, including the Reservation Details, represents the entire agreement between Customer and TWP with respect to the Products and the rental of the Products. There are no oral or other representations or agreements not included herein. None of TWP’s or Customer’s rights may be changed and no extension of the terms of this Rental Agreement may be made except in writing, signed by both TWP and Customer. Any terms and conditions, whether oral or written, that are different or inconsistent with the terms contained herein are hereby rejected by TWP.
* * *
Conclusion. Thank you for reading this Rental Agreement. We appreciate your understanding as to how the terms of this Rental Agreement are designed to fulfill our mission. Now that you have read and accepted the terms of this Rental Agreement, it is time to get gaming! Thank you for your time and your business!