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Rental Contract

(Revised November 15th 2022)

 

This Furniture Rental Agreement (this "Agreement" or these “Terms”) is by and between GJ Living, Inc. d/b/a The Everset (sometimes referred to as "The Everset", “we”, “us”, or "our") and you and governs the furniture rental services provided by The Everset (“Services”).

For purposes of these Terms, “you”and “your”means you as the user and customer of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative or agent of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

You agree that your electronic acceptance of this Agreement, combined with your act of using the Service, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of this agreement on the grounds that it was electronically transmitted or authorized.

By clicking to accept this Agreement during the checkout process, you agree to the terms of this Agreement and give permission to Us to automatically process any due fees or account charges, including but not limited to amounts described in this Agreement, without additional written consent by You to any stored and eligible payment methods we have on record in our system.

You agree that (a) we may store your payment methods (e.g. credit card) that you provide to us during your rental period with Us and (b) You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.


  1. Title. The Furniture you are renting from The Everset (the “Furniture”) is The Everset’s sole property, and with the exception of any mattresses, bedding and rugs that are delivered with the Furniture (which are yours to keep provided you otherwise fully comply with the terms of this Agreement), you shall not obtain any ownership rights in the Furniture. You may not (i) assign, transfer, pledge, or otherwise dispose of any of your rights under this Agreement or the Furniture, or (ii) sublet or lend the Furniture to
  1. ID Verification. The Everset maintains the right to require a photo copy of your Drivers License or State ID and/or documentation of your Date of Birth (DOB) prior to delivery of The Furniture to you.
  1. Appointments: Delivery; Pick-ups; Swap-Outs; Service Calls
  • Delivery. We will deliver the Furniture to the location designated by you during the checkout process and approved by us ("Location”), at a date requested by you and approved by us. An individual over the age of 18 must be present to accept the delivery of the Furniture and provide a signature. If You are not present to receive delivery, Your representative who does receive and sign for the delivery hereby transfers all agreements to the given signature agreement during the appointment to You and Your account
Delivery hours will be between 9:00 A.M. and 6:00 P.M., local time (the "Delivery Hours"). We will do our best to accommodate your requested delivery date, however, no assurances can be made. Deliveries should be scheduled a minimum of seven (7) days in advance when possible.

    You must notify us no less than two (2) business days in advance to change or cancel the delivery or pick up date.

    (For example, If Your confirmed appointment is on a Friday You are required to notify Us in writing before Wednesday to avoid this missed appointment fee. For Monday deliveries we must be notified by 5pm EST on Friday.)

    Any missed appointments will result in a missed appointment fee of up to $250. Missed appointments include situations where We are unable to complete a confirmed delivery, swap, pick up, or service call for You due to, but not limited to, missing Certificate of Insurance requirements, elevator not being reserved, or nobody is available to accept the delivery or to provide access to delivery location.

    We reserve the right to change the delivery date due to unforeseen circumstances, including without limitation weather, traffic, travel-related impediments or restrictions. If such a change occurs, you will be notified in advance. 

    You are solely responsible for measuring the Location to ensure that the Furniture will be deliverable to the Location and will fit in the Location. You are responsible for directing the placement of the Furniture upon delivery if a specific area within the Location is desired. If an item of Furniture is not deliverable because it does not fit or other circumstances that are solely your fault, you will be charged a $75 per item restocking fee.

     

    • Inspection.

    You will be solely responsible for inspecting the Furniture upon delivery to ensure that it is delivered in the condition set forth in this Agreement. It is your sole responsibility to notify us of any damage to the Furniture. If you fail to notify us of damage to the Furniture within three (3) days of the delivery date, then you are conclusively deemed to have agreed that the Furniture was delivered in satisfactory condition. If Furniture is found to be damaged upon delivery to you, we will make every effort to either: (i) replace or repair the damaged Furniture at no additional cost to you, or (ii) completely refund the rental cost of the damaged Furniture and we will pick up the damaged Furniture at a mutually agreed upon date and time.

    “Used” Furniture are cleaned, structurally sound and completely functional. Gently used pieces are cleaned, structurally sound and completely functional. Leather and fabric items may show natural wear or color variation. Our wood, glass, steel and stone items may have light scratches or small nicks. Fabric items will arrive free of stains and tears. 

    • You are entitled to one (1) free delivery/assembly and pickup within New York City, New York. However, any additional deliveries or pickups during an active rental term are subject to a $99 Any swaps during an active rental term or at the end of an extension term are subject to a $149 fee. For the purpose of this Agreement, a “swap” is an exchange of items.
    • For each appointment to You in our existing delivery range outside of New York City, New York, there will be a provided fee that is dependent upon distance from Our warehouse.
    • If You swap items during an active rental term, 75% of the remaining balance of the returned items may be due. The payments made on returned items do not transfer to new items added to Your account.
    • If you wish to return all or part of your Furniture in the order and notify us within the first three (3) days of the term of the rental, we will issue you a full refund less a $250 pick up fee.
    • We deliver to walk up buildings. There is a surcharge of $100 for deliveries and pick-ups for units located on the third or fourth floor and $150 surcharge for units on the fifth floor. We do not deliver to walk ups above the fifth floor. The ground floor is considered floor one. 

    If You fail to notify Us in advance that your delivery location is in a walk up building, we will reschedule your appointment and charge a $250 rescheduling fee.

    If, on the day of your appointment, the elevator in your building is not functioning we will need to reschedule your delivery. 

    All orders to walk up buildings are subject to prior approval by Us.

     

    1. Furniture Pickup; Pickup Fees.
    • We require a minimum of two weeks’ advance notice to schedule a Furniture pickup upon the expiration or termination of your rental term.
    • If upon expiration of your initial rental term you choose to extend your rental, you will be entitled to a swap at no cost.
    • At the end of your rental term with Us, We will not take away, dispose of or help transport any mattresses, bedding or rugs. You may either keep or dispose of any mattress, bedding or rugs at your sole cost and expense.
    • If we are unable to communicate with you regarding the end of rental term options available to You prior to the expiration of your rental term, you hereby automatically agree that we have the right to charge any payment method on file or in our records for the value of the Furniture items on Your account.
    • If a payment is declined and We are not able to contact You at the end of rental term option, We reserve all rights and remedies afforded to us by law or in equity to collect the past due balances, fees, and retail value of the Furniture you rented including but not limited to costs, interest, and attorney’s fees in connection with any action brought to enforce such rights.
    • If We process a payment for the value of the items on Your account due to non-communication, this charge is final and non-refundable.
    1. Furniture Care, Use and Location.
    • The Everset expects you to live on and enjoy your Furniture. All of the items will be delivered in new or used condition. Before any Furniture is delivered to your home, it goes through an inspection, cleaning, and refurbishing process by our expert in-house team. No fees will be charged for normal, ordinary wear and tear; however, you shall, at your expense, maintain and keep the Furniture in good condition and working order, and are responsible for reimbursing us for any damage beyond reasonable, ordinary wear and tear, which includes, but is not limited to, damage due to cigarette smoke, misuse, abuse, heavy soiling, bodily fluids or sunlight, or staining or shrinkage of any fabric due to improper cleaning or We will contact you to determine any repair fees, if applicable, and determined in our sole discretion. In the event we cannot repair an item, a replacement fee may be charged. Replacement fees are calculated based on the item's retail price minus the total amount of what you've paid in your monthly payments. Inspections are completed upon the return of furniture to our warehouse. 
    • You agree to use the Furniture lawfully for your personal residential use only, and not for commercial use (including but not limited to staging, AirBNB, events, creative endeavors or Corporate Housing) without our prior written consent, which may be granted or withheld in our sole discretion. You will not repair or otherwise alter the Furniture without our prior written consent, which may be granted or withheld in our sole discretion. You may not remove the Furniture from the Location, including removal to another Location within the building in which it is located, without our prior written consent, which may be granted or withheld in our sole discretion. If you desire to remove the Furniture from the Location, please contact us at hello@theeverset.com and we will assist you. Our furniture cannot be placed or kept in and/or picked up from storage facilities
    • You, and not The Everset, are solely responsible for securing Furniture to walls and floors. You hereby waive any and all claims you may have against us (and our delivery partners, agents, representative, and employees, if applicable) for Furniture that is not properly secured and agree to indemnify and hold us harmless from any damage or injury caused by an item of Furniture after our initial delivery to the Location. 
    1. Recurring Payments
    • You will be charged your Furniture rental fee every 30 days in accordance with the recurring payment Terms and Conditions found here [https://theeverset.com/pages/auto-pay-terms-and-conditions]. If such payments were authorized by credit card or other form of electronic payment, you are responsible for keeping that payment method current and in effect. If your account is delinquent, you will be granted a seven (7) day grace period to allow you to remedy the declined payment situation. Following the seven (7) day grace period, if the account remains past due, it would be subject to a $20 late fee, where applicable. If the account remains past due beyond thirty (30) days, you will be subject to an additional late fee plus interest charges based on the missed subscription payments.
    • The Everset reserves the right to suspend any account that remains past due beyond two monthly payments and reserves the right to send the account to collections and to the repossessing of the Furniture.
    • If a payment method is declined by Our payment process for fraud, Your account will immediately be terminated and the furniture on Your account will either need to be returned to Us or purchased by You to transfer ownership. Terminated accounts due to fraud are unable to be reactivated. Failure to confirm a return or purchase of the furniture on Your account will result in a purchase charge being processed to any stored payment method on Your account. 
    • Our system allows one active payment method on file per account
    • If you need to cancel your rental, please reach out to our team and we will assist you.

    If you are cancelling your active rental account or an active item on your account You will be responsible for payment of 75% of the remaining balance due on the account prior to us scheduling and picking up the Furniture.

    EXCEPTION: If you are renting the Furniture for a period of 3 months or less, terminating your account or rental prior to the expiration of the 3 month term you will owe the full remaining balance due prior to us scheduling and picking up the Furniture.

    If an order is canceled at least two full business days prior to delivery, we will issue a full refund.

    If a rental is cancelled within two full business days of a scheduled delivery, a fee of $250 will be charged.

    • You may shorten or lengthen the term of your rental after the end of the third month of your existing rental term.
    • If, due to a return, Your monthly pre-tax term charge drops below Our monthly minimum our billing system will automatically adjust the pricing of Your remaining item(s) to meet the minimum for your account.
    • You are entitled to one rental term length for each active rental. We do not allow multiple term lengths and do not permit additional orders being placed for the same address with differing term lengths. Any attempt to circumvent this provision is a violation of this agreement and will result in Us terminating this agreement with You
    • If You either place an order for a 14 month term, or via extension totaling a term of 14 months, and you wish to extend your rental further, the rate will remain on the 14 month term rate for months 15-19. Months 20-23 will receive our 24 month rate.
    1. Furniture Purchase at end of Rental Term. If you would like to purchase all or a portion of the Furniture at the end of your rental term, please let us know and we may, but will not be obligated to, provide you with a buyout price. 
    1. Risk of Loss. You bear all risks of loss of and damage to Furniture from any cause, whether foreseeable or not, and the occurrence of such loss or damage will not relieve you of any obligation hereunder.
    1. Remedies. The Everset reserves the right to exercise any and all remedies at law or in equity available to The Everset should you be in breach of this Agreement, including but not limited to costs, expenses, attorney’s fees and any and all applicable remedies set forth in the Uniform Commercial Code that we may avail ourselves of to secure our interest in the Furniture, in connection with any action brought to enforce such rights.
    1. Indemnity. You will indemnify and hold us and our officers, directors, employees, contractors, representatives, agents, successors and assigns harmless from and against any and all claims, actions, demands, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of, connected with, or resulting from your use of the Furniture or breach of this Agreement. This Section 9 shall survive termination or expiration of this Agreement. 
    1. Disclaimer of Warranties. Except as expressly set forth in our website, The Everset makes no warranty, express or implied, to anyone, as to the fitness, merchantability, design, condition, capacity, performance or any other aspect of the Furniture or its material or workmanship.
    1. Our collection and use of personal information in connection with the Services provided by us is described in our “Privacy Statement” located on our website https://theeverset.com/pages/privacy.
    1. Intellectual Property Rights: All intellectual property rights in the Furniture, including images of the Furniture in all media, are the exclusive property of The Everset or its licensors, and you will not have or acquire any ownership rights therein by entering into this
    1. Misapplication of Property. The Everset may file a criminal complaint against you in New York should you intentionally refuse to return the Furniture valued in excess of $100 to The Everset pursuant to the terms of this Agreement provided that The Everset shall have made a written demand for the return of such Furniture in person or by certified mail at the address that you provided to us during checkout and you intentionally refuse to return such Furniture for a period of thirty (30) days after such demand has been received or should reasonably have been received by you. Such written demand shall state: (i) the date and time at which the Furniture was to have been returned under this Agreement; (ii) that The Everset does not consent to the continued withholding or retaining of such Furniture and demands its return; and (iii) that the continued withholding or retaining of the Furniture may constitute a class A misdemeanor punishable by a fine of up to $1,000 or by a sentence to a term of imprisonment for a period of up to one year or by both such fine and imprisonment.
    1. Governing Law; Waiver of Jury Trial. This Agreement will be construed in accordance with and governed by the laws of the State of New YOU HEREBY WAIVE TRIAL BY JURY IN ANY ACTION BY OR AGAINST US UNDER THIS AGREEMENT.
    1. Waiver. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
    1. Entire Agreement; Modification. This Agreement, our Privacy Policy and Auto Pay Disclosure contained on our website, theeverset.com, contains the entire agreement between You and Us.
    1. Agreement Termination. We reserve the right to cancel this rental agreement with You at Our discretion with or without cause. In the event of a termination by Us, We will provide You up to 14 days to schedule a time to return the Furniture to Us upon notification of termination. Failure to return Our Furniture will result in all fees and remaining balances being automatically due and payable.
    2. LIMITATION OF DAMAGES. THE EVERSET’S LIABILITY, WHETHER FORESEEABLE OR NOT, ARISING OUT OF THE RENTAL SERVICES PROVIDED UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES YOU, AS THE CUSTOMER, PAID FOR EACH FURNITURE RENTAL.