Terms of Service
THIS AGREEMENT made [DATE], by and between EVERGROVE, LLC 12650 W. 64TH AVENUE, UNIT E-104, ARVADA, Colorado, 80004 (hereinafter called the "EVERGROVE") and [CLIENT NAME] (hereinafter called the "CLIENT “or collectively, “CLIENTS”).
These terms and conditions (the "Agreement") are a legal binding contract between CLIENT ("The CLIENT") and EVERGROVE, at 12650 W. 64th Ave. Unit E-104, Arvada, Colorado 80004 ("EVERGROVE", "we", "us", or "our"), establishing terms and conditions under which CLIENT, the CLIENT will submit information to, and rent decor and accessories (each a "Product" and collectively, "P") and receive related services ("Services") from, EVERGROVE via our website at www.evergrovetrees.com (the "Website").
BEFORE CLIENT CLICKS ON THE "I ACCEPT" BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY HAVE CHANGED SINCE CLIENT LAST USED THESE SERVICES. BY CLICKING ON THE "I ACCEPT" BUTTON, CLIENT ARE AGREEING TO BE BOUND BY THE Terms of this agreement as well as WEBSITE TERMS AND CONDITIONS OF USE AVAILABLE AT Terms of Service AND THE PRIVACY POLICY AVAILABLE AT Privacy Policy, which shall be incorporated into this AGREEMENT.
PRODUCT INVENTORY SHEET: EVERGROVE PRODUCTS reserved and/or delivered to CLIENT.
EVERGROVE PRODUCTS: Items listed for rent/lease and owned by EVERGROVE LLC to include, but not limited to, décor, electrical equipment, stands, surge protectors, etc., shall be noted on the PRODUCT INVENTORY SHEET. The Product Inventory Sheet is created from the CLIENT’S reservation at checkout through the EVERGROVE website and modified by EVERGROVE in the event a substitution is required. The Product Inventory Sheet shall be incorporated herein as part of this Agreement and shall be listed as Exhibit A and shall effectively be known as “Product” or “P” hereafter.
EVERGROVE and CLIENT hereby Agree to the following Product Inventory Sheet: See Exhibit A, which is hereinafter referred to as “Product Inventory Sheet," or “item(s), on the following terms and conditions:
DELIVERY/INSTALLATION LOCATION: The agreed upon location for delivery and installation of EVERGROVE PRODUCTS shall be [YOUR ADDRESS]. This is the same location from which EVERGROVE shall pick up, deinstall, remove, etc., Products at the termination of the Agreement.
RENTAL, NOT PURCHASE. This Agreement contains all the terms and conditions governing CLIENT rental of EVERGROVE Products and/or purchase of Services from EVERGROVE. CLIENT agrees that CLIENT use of our Website and the Services, other than rental orders as set forth in this Agreement, is subject in all respects to our Website Terms of Service and our Privacy Policy, as such terms may change from time to time. No other terms or conditions (preprinted or otherwise) shall have any force or effect. CLIENT agrees and acknowledges that CLIENT is renting the Products as a part of a service and that ownership of rented Products shall always remain with EVERGROVE. Our Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may rent the Products with a payment card or other approved payment method. By clicking the “I Agree” button, CLIENT represents that CLIENT is 18 years of age or older and that CLIENT is authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting EVERGROVE Products as described herein.
Notwithstanding other provisions of this Agreement, EVERGROVE shall retain title to all Products subject to this agreement. Title to the Products shall not pass to CLIENT, and CLIENT only acquires and EVERGROVE only conveys the right to use its Products in the regular course of its business. CLIENT agrees that Products subject to this Agreement are and shall remain personal Products regardless of whether it becomes affixed to the underlying real estate in any manner. Any improvements to the item by CLIENT shall become part of the Product and shall not be effective to transfer title.
Children under the age of 13 may not use the Website and parents or legal guardians may not agree to the Website Terms and Conditions on their behalf. Children under 18 years of age but at least 13 years of age, may use the Website under the supervision of parents or legal guardians who agree to be bound by the Website Terms of Service on their behalf. If CLIENT is a parent or legal guardian agreeing to the terms and conditions of this Agreement (including the Website Terms of Service and Privacy Policy) for the benefit of a child between the ages of 13 and 18, CLIENT is fully responsible for his or her use of the Website and the Services, and the rental of any Products, including all legal liability he or she may incur, including damages.
TERM. The Agreement term will begin on [RENTAL START DATE] and will terminate on [RENTAL END DATE]. CLIENT shall have the right, at its option, to extend the term of this Agreement for up to 30 days after the expiration of the Agreement term by giving notice to EVERGROVE prior to the end of the above term, and subject to product availability.
RENTAL FEES; PAYMENT CARD AUTHORIZATIONS; CANCELATIONS. The rental fee ("Rental Fee") for each Product will include both the rental fee and delivery charges listed on the Website in connection with the selected Product. Upon placing an order for a Product or rental service, CLIENT hereby authorizes EVERGROVE to charge CLIENT’S payment card for the Rental Fee. EVERGROVE shall charge CLIENT payment card the amount of the Rental Fee immediately upon CLIENT rental order. There is no cooling off period. A reservation of a Product or Service on our Website is an order for the rental of that Product or Service, regardless of how far in advance that Product or Service is reserved. In addition, at the time of CLIENT order of a Product or Service, the following terms shall apply:
A. Payment terms: CLIENT shall pay to EVERGROVE monthly rental agreement of [RENTAL FEE] per month, payable in advance on the [CHARGE DATE] day of each month, for a total Agreement payment of [TOTAL RENTAL COST]. Agreement payments shall be made to EVERGROVE electronically via credit or debit card.
B. Credit Card Authorization: CLIENT agrees to maintain an active card on file with EVERGROVE through EVERGROVE’s current payment processor.
C. Cancelation: CLIENT may cancel CLIENT rental order subject to the following cancellation fees and policies: If CLIENT cancel seven (3) or more days in advance of the delivery date, there is no cancellation fee and CLIENT will receive a full refund issued to the payment card CLIENT used for the order. If CLIENT cancels this agreement with three (3) days of CLIENT Scheduled
Delivery Date, CLIENT will not receive a refund. Instead, CLIENT will receive a full credit to CLIENT’S EVERGROVE account for the Rental Fee associated with the cancelled order. This credit can be applied to any future EVERGROVE rental. Charge backs and Credit Card disputes will not receive a credit and may result in a permanent ban from EVERGROVE services.
LOCATION OF PRODUCTS. CLIENT shall be entitled to use and possession of the rented Products on the first day of the term of this Agreement and shall return possession to EVERGROVE on the last day of the term of this Agreement, unless otherwise agreed by both parties in writing. It is the Agreement of the parties that CLIENT shall use the Products at the Delivery/Installation Location noted above.
CLIENT shall not remove EVERGROVE PRODUCTS from this location without the express written consent of EVERGROVE. CLIENT agrees not to dispose of or remove Products. Should a Product subject to this Agreement require removal or replacement during the Term of this Agreement, EVERGROVE shall provide instructions for disuse and shall make arraignments to remove and replace the Product in question. Under no circumstances shall CLIENT remove EVERGROVE PRODUCTS to a location other than that listed above or uninstall without the express written permission of EVERGROVE.
A. Delivery. EVERGROVE will deliver the reserved Products to CLIENT, on or before the date for which CLIENT requested delivery, except to the extent EVERGROVE informed CLIENT in connection with the order that a specific Product was not guaranteed or otherwise unavailable. Products may appear different in color and style in person than the photos displayed on our Website. Our liability to CLIENT for failure to deliver the Product or Service as ordered is limited to the timely delivery of Product or provision of Service as ordered or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by us. All rental deliveries will be made by EVERGROVE employees or partners, which may change from time to time at the Company's discretion.
B. Warranties and Guarantees. EVERGROVE shall inspect each product with the utmost care, but use of the product is at CLIENT own risk. EVERGROVE shall not be held liable for any health-related complaints associated with a product rented from our site. Products may appear different in color and style than the photos displayed on the EVERGROVE Website. These variations shall have no impact on this Agreement.
EVERGROVE cannot guarantee the installation space. In other words, CLIENT is responsible for the condition of the space, electrical outlets, ventilation, overhead height limits, wiring conditions, etc. This is not an exhaustive list and shall not constitute a limitation of liability for the installation space. It is CLIENT responsibility to ensure adequate space for the décor CLIENT are renting under this agreement.
Should installation of the reserved items be inadvisable or impossible, based upon the sole judgement of EVERGROVE employees, EVERGROVE shall, at its sole discretion, attempt to substitute the item with a comparable, but more appropriate item for the installation space. In the event a substitution is impossible, EVERGROVE shall cancel that item and remove it from ongoing rental fees, however CLIENT will not receive a credit for the initial rental or installation fee. CLIENT is responsible to ensure that installation space (space, height, outlets, etc.) is adequate on reservation of the Products.
C. Transportation and Removal. To avoid damage and improper transportation of Product(s), any relocation, removal, or takedown of the Product(s) while in CLIENT possession shall be completed by EVERGROVE staff. Relocation or takedown must be scheduled at least 7 days before the prospective move date to ensure EVERGROVE staff availability. One relocation visit is included in the CLIENT rental package; additional relocations will incur a $50 charge per visit however product availability may be limited for some items. Relocation of items is at the sole discretion of EVERGROVE based upon availability for an extension of the Agreement product.
D. Receipt of Products. Upon delivery and installation, it is CLIENT responsibility for the care of EVERGROVE Product(s). For delivery to be completed, a responsible adult over the age of 18 must be present to allow entry of EVERGROVE staff. EVERGROVE shall note on the Product Inventory Sheet, the approximate amount of time needed for installation. There is no need for direct supervision, however our staff may need continuous access to the installation site during that time. CLIENT Agrees to ensure an adult is present during the entire period of installation or EVERGROVE will, at its discretion, reschedule CLIENT installation at CLIENT expense. The reschedule fee shall be $50. All rental fees shall be in effect during this period. In other words, if the Products are on reserve, but cannot be installed due lack of an available adult on the premises, CLIENT will be charged the full rental fee according to the terms of this agreement.
USE OF PRODUCTS: CLIENT shall always maintain Products in a workmanlike manner and shall not damage the Product(s), except for ordinary wear and tear. CLIENT shall only use the Products in the manner for which it was designed and intended to be used. CLIENT shall comply with all federal, state, and local laws and regulations with regard to CLIENT’S possession and use of the EVERGROVE Products.
On installation of the Products on CLIENT premises, EVERGROVE is not liable for any destruction, damage, or harm caused by the Products for as long as the Products remain in CLIENT possession.
A. Smoking. There is no smoking of tobacco or other Products around or near EVERGROVE PRODUCTS. If it is determined product has “smoke damage” as a result of CLIENT’S possession, irrespective of the source or nature of the smoke damage, EVERGROVE will notify the Client of the cost to mitigate the damage and will charge Client’s payment card on file for the costs to clean/mitigate the damage. In the event, the Product cannot be cleaned, or damage cannot be mitigated, EVERGROVE will charge CLIENT up to 200% of the replacement value of the Product to recover costs for the time spent attempting to mitigate the damage, the current replacement cost. EVERGROVE may, at its discretion, charge for lost rental value.
B. Electrical components. It is the responsibility of the CLIENT to ensure that Products with an electrical component are properly inserted into a grounded outlet and to periodically monitor use. EVERGROVE does not condone the use of lightweight indoor extension cords installed by the CLIENT, and their use is strictly prohibited. If an extension cord is needed, it will be provided by EVERGROVE. CLIENT shall assume all risk and shall ensure that an operational surge protector is always in use with any extension cord. Should a Product with an Electrical Component require maintenance or fail to function properly, CLIENT shall DISCONTINUE USE IMMEDIATELY and shall make EVERGROVE aware of the problem as soon as possible. CLIENT shall ensure Product is not reconnected into an energized electrical outlet until EVERGROVE has resolved the problem. Continued use of electrified Products shall be at the exclusive risk of the CLIENT. EVERGROVE shall not be responsible for any loss associated with the breach of the terms regarding electrical Products or components.
RISK OF LOSS. Loss or damage to Products shall not relieve CLIENT of obligations under this Agreement, including CLIENT’S obligation to pay rent. CLIENT agrees to use the Products for their intended purpose only. CLIENT shall bear responsibility for loss, destruction or damage due to, but not limited to, theft, mysterious disappearance, fire, major stains or any other use or misuse causing damage to EVERGROVE PRODUCTS or Installation Space that is determined to be excessive or beyond normal wear and tear. Normal wear and tear shall be defined as minor scratches, dings or dents that do on effect overall value or character of the Product, as well as other minor damage resulting from normal expected use of the P. If an item is returned damaged beyond normal wear and tear, CLIENT agrees to pay the cost of repairing or replacing the item, as determined by EVERGROVE. CLIENT’S card will be charged on a determination of damage and submission of invoice disclosing damage, costs of repair or replacement, and the action taken by EVERGROVE.
RETURN OF PRODUCTS. At the end of the term of this Agreement or upon default by CLIENT, CLIENT shall return and deliver to EVERGROVE, ALL of the Products listed on the combined Product Inventory Sheets, in good order and condition, ordinary wear and tear excepted. It is CLIENT’S responsibility to schedule removal or deinstallation of EVERGROVE PRODUCTS. CLIENT Agrees to use best efforts communicate with EVERGROVE and to provide adequate time and access for removal of the Products subject to this Agreement.
Should Products subject to this Agreement be returned late or not at all, a late fee currently set to (but subject to change) fifty dollars ($50.00) will be charged to the payment card CLIENT used to pay the
Rental Fee or to any other payment card included in CLIENT account information that CLIENT have provided to EVERGROVE for every day CLIENT are late returning the P, and CLIENT agree to pay such late fees, Products to an amount not to exceed 150% of the Retail Value plus applicable sales tax (plus the Rental Fee). If CLIENT has not returned an item within twenty (20) days of the return date for the item, the late or “past due” return will be considered a conversion. EVERGROVE will charge CLIENT payment card the maximum late fee set forth below, less any late fees that CLIENT have already been paid, plus applicable sales tax. If CLIENT’S accrued late fees exceed the maximum late fee set forth below, CLIENT shall not be charged additional funds, but CLIENT will not be entitled to any refunds.
CLIENT Shall be responsible for late and past due returns due to failures to schedule or coordinate scheduling of removal, take down, or cancellation. EVERGROVE shall make reasonable efforts to schedule removal of Products according to the Terms of the Agreement, however CLIENT is responsible for providing access to the installation space.
HOLDOVER. If CLIENT maintains possession of the Products for any period after the termination of this Agreement ("Holdover Period"), CLIENT shall pay to EVERGROVE rental payment(s) during the Holdover Period at a rate equal to 150% of the fair market value for conversion of the Product and replacement costs as well as lost rental value.
EVERGROVE will not charge CLIENT more than an amount equal to 150% of the Retail Value plus the Rental Fee, taken together, for any charges arising under this Section, excluding collection costs. If CLIENT pay EVERGROVE an amount equal to 150% of the Retail Value under this Section and CLIENT is still in possession of the Product, the Product is CLIENTS 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 other charges payable by CLIENT pursuant to this Section.
DISCLAIMER OF WARRANTIES. CLIENT RECOGNIZES THAT THE PRODUCT IS BEING RECEIVED AS IS AND WITH ALL FAULTS. EVERGROVE MAKES NO REPRESENTATIONS, PROMISES, OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE P. EVERGROVE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ARISING FROM STATUTE, COMMON LAW, CUSTOM, OR OTHERWISE. THIS DISCLAIMER OF ALL WARRANTIES APPLIES TO BOTH THE AGREEMENT OF THE PRODUCTS AND ANY EXERCISE OF THE OPTION TO PURCHASE THE P. EVERGROVE MAY, AT ITS DISCRETION, REPLACE DAMAGED OR WORN P, HOWEVER THIS REPLACEMENT IS NOT GUARANTEED AND IS SUBJECT TO PRODUCT AVAILABILITY. EVERGROVE WILL MAKE REASONABLE EFFORTS TO SUBSTITUTE PRODUCTS FROM CURRENT INVENTORY HOWEVER NO GUARANTEE OF AN EXACT REPLACEMENT CAN BE MADE.
LIMITATION OF LIABILITY. Under no circumstances shall EVERGROVE be liable for 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 P, even if EVERGROVE has been advised of the possibility of such damage.
CLIENT sole and exclusive remedy hereunder shall be as set forth under section Limited Warranties, or to discontinue CLIENT use of the services and terminate these terms.
EMAIL. EVERGROVE may use the preferences and previous orders CLIENT provide on our website to send CLIENT e-mails and other marketing materials for other Products and Services. CLIENT may opt out of receiving those e-mails by emailing hello@evergrovetrees.com or following the links provided at the bottom of those e-mails when available.
TAXES. CLIENT, at its own expense, shall pay all personal Product taxes levied or assessed against the Products, or their replacements, to include “Sales Tax,” if applicable.
INSURANCE. CLIENT, at its own expense and throughout the entire term of this Agreement, shall be encouraged to insure the Products for the sum of the replacement value of the Products on the Product Inventory Sheet. CLIENTS are encouraged, but not required, to obtain rental insurance.
INDEMNIFICATION. CLIENT shall indemnify and hold EVERGROVE harmless for all claims, damages, or proceedings (including all costs, expenses, and attorneys' fees) relating to or arising out of CLIENT’S use or possession of EVERGROVE Products.
LATE PAYMENTS. For each payment that is not paid within 1 day after its due date, CLIENT shall pay a late fee of $50.00 per day, beginning with the day after the due date.
DEFAULT. If the CLIENT does not make any rental payments or otherwise fails to comply with the terms and conditions of this Agreement, EVERGROVE may immediately and without notice take possession of the Products without legal proceedings. Upon CLIENT’S default of its obligations under this Agreement, any unpaid rents for the entire term of the Agreement shall immediately become due and payable.
NON-SUFFICIENT FUNDS. CLIENT shall be charged $50 (or the largest amount allowable under applicable law if less) for each check that is returned to EVERGROVE for lack of sufficient funds.
NO ASSIGNMENTS. CLIENT agrees not to part with or assign this Agreement without the written consent of EVERGROVE.
TIME OF ESSENCE. The parties agree that time is the essence of this Agreement in each and every particular.
ATTORNEY'S FEES. If an action is brought to recover the Products or any amount due under this Agreement, CLIENT agrees to pay all costs, including reasonable attorneys' fees, incurred by EVERGROVE.
ENTIRE AGREEMENT. This writing contains and constitutes the entire agreement between the parties. This Agreement can only be modified by written agreement signed by both EVERGROVE and CLIENT. No modification, waiver or amendment shall be valid unless in writing and signed by the parties hereto.
APPLICABLE LAW. This Agreement shall be governed and interpreted by the laws of the State of Colorado.
ADVERTISING AND DISCLOSURE. Neither party, without the prior written approval of the other, shall in any manner advertise or publish the fact that CLIENT has entered into this Agreement.