(Revised April 23rd, 2021)
This Furniture Rental Agreement (this "Agreement") is between GJ Living, Inc. d/b/a The Everset (sometimes referred to as "The Everset", “we”, “us”, or "our") and you.
For purposes of these Terms, “you” and “your” means you as the user 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 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 the Furniture Rental 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 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 payment methods 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.
NOTICE: Failure to return rented property under the terms of this Agreement may subject the undersigned party(ies) to criminal prosecution.
- Title. The Furniture you are renting from The Everset (the “Furniture”) is The Everset’s property, and with the exception of any mattresses that are delivered with the Furniture (which are yours to keep provided you otherwise 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 others.
(A). ID Verification. The Everset maintains the right to require a photo copy of your Drivers License or State ID and/or Date of Birth (DOB) prior to delivery of The Furniture to you.
- Delivery; Inspection.
(a) We will deliver the Furniture to the location designated by you during the checkout process, that is 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. 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. Deliveries should be scheduled a minimum of 7 days in advance when possible.
You must notify us no less than two business days in advance to change or cancel the delivery or pick up date.
Any missed delivery or pick up appointments could result in a missed appointment fee of up to $250. This includes situations where We are unable to complete a confirmed delivery, swap or pick up for You due to missing Certificate of Insurance requirements.
For example, If Your confirmed appointment is on a Friday You are required to notify Us in writing before Wednesday to avoid this fee.
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 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, you will be charged a $75 per item restocking fee.
You will be responsible for inspecting the Furniture upon delivery to ensure that it is delivered in good condition. 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 (i) replace or repair the damaged Furniture at no additional cost to you, or (ii) discount in part or completely refund the rental cost of the damaged Furniture. If you notify us of damage under this section, you will not bear any expense for repairing the damaged Furniture. If we have confirmed a delivery date or service/repair date requiring you to have a person present at the Location to accept delivery and no one is there to do so, you will be charged our missed appointment fee
Gently used pieces are cleaned, structurally sound and completely functional. Leather and fabric items may show natural wear or color variation. Our wood, steel and stone items may have light scratches or small nicks. Fabric items will arrive free of stains and tears and glass items will look like new.
(b) Each customer is entitled to one free delivery/assembly and pickup within New York City. However, any additional deliveries or pickups during an active rental term are subject to a $99 fee. Any swaps during an active rental term or at the end of an extension term are subject to a $149 fee. A swap is an exchange of items.
(c) 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 the account.
(d) For deliveries and pick-ups to customers in our existing delivery range outside of New York City, there will be a delivery fee and pick up fee that is dependent upon the number of Furniture items in the order and distance from our warehouse.
(e) If you wish to return all or part of your furniture on the order and notify us within the first 3 days, we will issue you a full refund less a $250 pick up fee
(f) We do deliver to walk ups. However, there is a surcharge of $100 for deliveries and pick ups for units on floors three and four and $150 for floor 5. 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 of your delivery location being in a walk up building, we will reschedule your appointment and charge a $250 rescheduling fee.
If, on delivery or pick up day, the elevator in your building is not functioning we will need to reschedule your delivery.
All orders to walk up buildings are subject to approval by Us.
- Furniture Pickup; Pickup Fees; Swap-Outs.
(a) We require a minimum of two weeks’ advance notice to schedule a Furniture pickup upon the expiration or termination of your rental term. Except for early termination or cancellation of this Agreement by you or except for Furniture swaps as described below, there are no fees for the pickup of your Furniture.
(b) If upon expiration of your initial rental term you choose to extend, you will be entitled to a swap at no cost.
(c) At the end of your rental term with Us, We will not be able to take away, dispose of or help transport any mattresses or bedding that is on Your account
(d) 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, we reserve the right to charge the payment method on file for the remaining retail balance of the items on Your account. If a payment is declined and We are not able to coordinate an end of rental term option with You, your account will be shared with our collection partner for any past due balance, fees and retail value of the Furniture
(e) If We process a payment for the remaining retail value of the items on Your account due to non-communication, this charge is final and non-refundable.
- Furniture Care, Use and Location.
(a) The Everset expects you to live on and enjoy your Furniture. All of the items will be delivered in new or gently 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 paying us for damage beyond reasonable, ordinary wear and tear, which includes 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 bleach. We will reach out to you to determine any repair fees, if applicable. In the event we cannot repair an item a replacement fee may be charged. Replacement fees are the item's retail price minus what you've paid in your monthly payments. Inspections are completed upon the return of furniture to our warehouse.
(b) 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, 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 (yes-- which may be granted or withheld in our sole discretion). If you desire to remove the Furniture from the Location, please contact us at firstname.lastname@example.org and we will assist you.
(c) 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, 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.
- Recurring Payments.
(a) You will be charged your Furniture rental fee monthly. 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.
(b) The Everset reserves the right to suspend any account that remains past due beyond two monthly payments up to and including sending the account to collections and repossessing the Furniture.
(c) If you need to cancel your rental agreement, please reach out to our team and we will assist you.
If cancelling your active rental account or an active item on your account You will be responsible for 75% of the remaining balance due on the account prior to us picking up the Furniture.
The lone exception is customers on 3 month terms. Ending your account prior to 3 months will see the account owe the full remaining balance due.
If an order is canceled at least 48 hours prior to delivery, we will issue a full refund.
If a rental agreement is cancelled within 48 hours of a scheduled delivery, a rescheduling fee of $250 will be charged.
(d) You may shorten or lengthen the term of your rental agreement after the end of the third month of your existing term.
(e) Monthly payments will be charged to the payment method on file every 30 days from the date of the initial order placement. The rental term begins from the date of delivery to You (the customer). There may be instances where there is a gap between the initial payment and the delivery to You (the customer).
(f) 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
(g) 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
1. Extensions. If You either place an order on our 14 month term, or via extension reach a total term of 14 months, and you wish to extend further the rate will remain on the 14 month term rate for months 15-19. Months 20-23 will receive our 24 month rate.
- 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.
- Risk of Loss. You will bear all risks of loss of and damage to Furniture from any cause, and the occurrence of such loss or damage will not relieve you of any obligation hereunder.
- 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 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.
- 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.
- 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.
- Privacy.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.
- 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 Agreement.
- 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.
- Governing Law;Waiver of Jury Trial. This Agreement will be construed in accordance with and governed by the laws of the State of New York. YOU HEREBY WAIVE TRIAL BY JURY IN ANY ACTION BY OR AGAINST US UNDER THIS AGREEMENT.
- 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 Agreement. 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.
- Entire Agreement; Modification. This Agreement and our Privacy Statement, contained on our website www.theeverset.com, contains the entire agreement between you and us.
- Agreement Termination. We reserve the right to cancel this rental agreement with You at Our discretion. In the event of a termination by Us: A) We will provide You up to 14 days to return the furniture to Us upon notification of termination. B) Failure to return Our furniture will result in all fees being due and collection activity to begin as outlined elsewhere in this agreement.