Rental and/or Purchase Agreement for Online Shopping for Jim's Formal Wear LLC
This agreement ("Agreement") is an offer to rent and/or purchase the goods specified in the online order upon the following terms and conditions ("Terms and Conditions"). We reserve the right to amend these terms and conditions at any time by posting amended terms and conditions on our Website (defined below) with a revised effective date. PLEASE CAREFULLY READ THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT YOU MAY NOT RENT OR PURCHASE PRODUCTS FROM JFW (DEFINED BELOW). BY PLACING AN ORDER YOU EXPRESSLY AGREE TO THIS AGREEMENT AND THE TERMS AND CONDITIONS.
The terms "JFW," "we" and "our" refer to Jim's Formal Wear LLC. The terms "you" and "your" refers to the purchaser and/or renter of the goods, or user or viewer of the online ordering features of our Website.
A complete tuxedo rental package ("Complete Tuxedo Package") or a complete suit rental package ("Complete Suit Package" and together with Complete Tuxedo Package, referred to collectively as "Complete Package") includes a coat, pant, shirt, vest, tie, and basic jewelry. Shoes and rental suspenders may be rented at an additional cost. Customers renting JFW formal wear through its website, https://www.jimsformalwear.com (the "Website"), must rent, at a minimum, a tuxedo coat and pant or a suit coat and pant ("Order Minimum"). However, pricing is based on the Complete Package prices shown on the Website for the formal wear collection selected. Rental prices displayed on the Website are valid for rentals completed through our Website and are not binding or directly representative of rental or retail purchase pricing in any of our independent retail dealers. If you desire to rent any individual items or anything less than the Order Minimum please see any of our independent dealers listed on our Website at https://www.jimsformalwear.com/stores to select a convenient dealer to work with for rental of such items. All prices are quoted in US dollars and are subject to change without notice. Prices shown do not include applicable taxes, the mandatory and non-refundable $5.00 Accidental Damage Waiver or any rush, change, or late fees that may apply. Additionally, all online orders will include a $20.00 shipping fee.
Additional retail items, including pocket squares, premium socks, suspenders or belts are not included in the Complete Package, but may be purchased for an additional cost as part of your rental reservation. Prices for any purchases you wish to make are displayed on the Website and are valid for purchases completed through our Website and are not binding or directly representative of rental or retail purchase pricing in any of our independent retail dealers. All prices are quoted in US dollars and are subject to change without notice. Prices shown do not include applicable taxes, the mandatory and non-refundable $5.00 Accidental Damage Waiver or any rush, change, or late fees that may apply. Additionally, all online orders will include a $20.00 shipping fee.
Payment is due in full for all rental and purchased products when an order is placed. Payment must be completed with a valid credit or debit card. We accept the following methods of payment: Visa, MasterCard, American Express, and Discover. Payment in full is required for an order to be reserved and processed for delivery. By submitting your payment information to us, you authorize JFW to charge the full amount due on your credit or debit card. This complete total will include all rental and retail purchase fees, damage waiver, shipping and taxes.
JFW provides on its Website the amount of time required to process and complete an online order ("Minimum Lead Times"). When placing an order, you will be required to register your event ("Registered Event") and provide the date of your Registered Event (the "Event Date"). It is your responsibility to confirm at the time of placing your order that yoretailersur Event Date is not prior to the expiration of the Minimum Lead Time associated with your rental or purchased items. Online orders for Event Dates that do not meet these Minimum Lead Time requirements may not be capable of being completed or may be subject to rush order fees as described in the Additional Charges table below. You will receive an error message on the Website if we are unable to complete your order without additional charges due to the Minimum Lead Time requirements. If you are seeking a rental or purchase that cannot comply with our Minimum Lead Time, we encourage you to work with any of our independent dealers. You can find these retailers on our Website dealer locator https://www.jimsformalwear.com/stores.
Measurement information is not required when an order is placed. However, measurement information will be required at least 15 days prior to your Event Date. Measurement information may be submitted through the JFW Website by logging into your account page ("Account Page") at https://www.jimsformalwear.com/myjfw/event-manager and clicking on the Registered Event. When determining your measurement information, we encourage you to work with a professional tailor, men's store, or JFW authorized retailer. Finally, questions regarding measurement can be addressed by contacting our dedicated and knowledgeable Customer Service Team at (866) 783-5737. FAILURE TO PROVIDE YOUR MEASUREMENT INFORMATION AT LEAST 15 DAYS PRIOR TO YOUR EVENT DATE MAY RESULT IN ADDITIONAL CHARGES OR CANCELLATION OF YOUR ORDER PURSUANT TO THESE THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Cancellations and Refunds
Any order may be cancelled for a full refund if the cancellation is entered 15 days or more before the Event Date. Orders cancelled less than 15 days before the Event Date are subject to a cancellation fee totaling 50% of the rental and/or purchase cost and an appropriate credit will be made to the originating transaction card used to place your order. Online orders may not be cancelled once shipped, which typically occurs 10 days prior to the Event Date. Any cancellations made after your order has shipped will result in no refund, and you will be responsible for the full amount of the rental.
All cancellations must be completed by contacting Customer Service at (866) 783-5767. Any refunds or credits pursuant to this section are subject to our Refund Policy described below.
Rush orders are available but cannot be placed online. Rush orders must be placed by contacting Customer Service or at your local JFW dealer. An order will be considered a rush order if it cannot be completed within the Minimum Lead Time. Rush orders are subject to additional fees as described in the Additional Charges table below ("Rush Fees"). Please note, in addition to rush order fees additional shipping and handling fees may apply. These will be determined based on the options for delivery prior to the Event Date.
Replacement orders for fit or size reasons are available but must be placed by contacting our Customer Service Team at (866) 783-5767. To qualify for a free replacement the request must be made within 24 hours of receipt of the original shipment. Requests for multiple replacement shipments may result in additional shipping and handling fees. These will be determined based on the options for delivery prior to the Event Date.
Style Change Orders
After your rental order has been placed online, any style changes must be made by contacting our Customer Service Team at (866) 783-5767 and cannot be made online. Any style change that results in an increase in the cost of the Complete Package, will require complete payment of such increase at the time of the requested change. Any permissible style change orders may be subject to a style change fee as more fully described in the Additional Charges table below.
Groom's Free Tuxedo Rental
For Registered Events Only, after 5 Complete Packages have been ordered and paid for the Registered Event, the groom will receive a full credit for the value of one Complete Package rental including shoes, with a maximum value up to $200.00. Fees, shipping, and upgrades or Rush Fees are not included. This credit will be issued to the first groom registered for the Registered Event when the qualifying number of orders has been shipped (the "Groom-Free" credit, as applicable). This credit will be issued to the credit or debit card that the first groom elected to use when placing his order. If this payment option is invalid when the credit is issued, we will contact the first groom registered to determine an alternative to issue the earned credit. Any unused portion of the credit shall be forfeited and may not be redeemed for cash or credit or gift cards. If canceling orders purchased with this offer so as not to meet the 5 Complete Packages minimum, you will forfeit the amount of the credit. This offer is final and subject to change or discontinuation without notice. Offer may not be combined with other discounts or offers.
Changes to orders, damage to rental product or failure to return rental product is subject to additional charges as detailed below.
- < 14 days prior to event = $20.00 per order
- < 8 days prior to event = $40.00 per order
- < 7 days prior to event = $60.00 per order
- $20 per order
- $0.00 Within 24 hours of delivery of original shipment
- > 24 hours after delivery = $20 per order
- > 72 hours after delivery = $40 per order
- Saturday Delivery = $80 per order (where available; subject to additional shipping fees)
- $20 per day
- Full replacement cost is charged for product not returned after 21 days
- 15 or more days prior to event date = $0.00
- < 15 days and prior to shipment = 50%
- After Shipment = 100%
- Defined by local law for the ship-to location as defined by the customer
- $20 per order
*All orders placed online are subject to a $20.00 shipping fee. Additional shipping and handling fees may be assessed to replacement orders or changes made to orders that fall within the stated and required Minimum Lead Times. We can ship to any residence, business, hotel or venue in the contiguous U.S. We are unable to ship to P.O. Boxes, APO/FPO, Hawaii, Alaska or internationally. Customer can expect to receive the product 5-10 days prior to the Event Date.
To avoid late fees, you must return your rental the first business day after the Event Date by dropping it off at the mail carrier shipping center indicated on the free-shipping label JFW provides in your shipment. Ensembles must be returned to JFW from the contiguous U.S. If you need a replacement shipping label, please contact Customer Service at (866) 783-5767. Rentals not returned in accordance with this section are subject to additional charges as more fully described in the Additional Charges table.
Damaged Product Replacement
The non-refundable $5.00 accidental damage waiver included on your order covers accidental damage to the rental products while they are in your possession. The accidental damage waiver fee does not cover any damage beyond repair, malicious damage, lost or stolen merchandise, or any late return charges.
Any product damaged beyond repair, maliciously damaged, lost, stolen or returned after 21 days will result in full replacement charges in addition to the late fees already charged. Replacement charges will vary based on the type of product and are outlined below:
- Coat: $470.00
- Pant: $200.00
- Shirt: $50.00
- Vest: $100.00
- Cummerbund: $40.00
- Tie: $40.00
- Shoes: $70.00
- Cufflinks and Studs: $20.00
- Rental Suspenders: $20.00
Property Left in Rental
We are not responsible for any personal property left in a returned rental or garment bag.
Refunds back to the original form of payment can be made up to 14 days from the Event Date. All commercially reasonable efforts will be made to process refunds (A) on a debit card, and/or (B) to the original credit card after 14 days. Any amount refunded or credited will be reduced by the pro ata amount of other discounts, credits or other dollar-off promotions used toward the rental. If we cannot process the refund back to the original form of tender then you may take your refund in the form of store credit (gift card), or a check will be issued from our corporate offices within 10 business days.
SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE GOODS AND SELLER EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
Limitation of Liability
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflicts of laws principles. JFW and you expressly opt out of the provisions of the United Nations Convention on Contracts for the International Sale of Goods and elect the provisions of the Uniform Commercial Code, as adopted by the State of Illinois and amended from time to time, to govern this Agreement. To the extent not inconsistent herewith, Article 2 of the Uniform Commercial Code shall supplement this Agreement.
In the event JFW commences legal action to enforce or interpret any part of this Agreement, JFW shall be entitled to recover as an element of its costs of suit, not as damages, reasonable attorney's fees and costs to be fixed by the court.
HE PARTIES AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL THAT EITHER PARTY MIGHT OTHERWISE HAVE IN ANY AND ALL COURTS.
No amendment of this Agreement shall be effective unless reduced to writing signed by an authorized representative of JFW.
If any term or provision of this Agreement is invalid or unenforceable under any applicable statute, regulation, ordinance, executive order or other rule of law, such term or provision shall be deemed reformed or deleted, but only to the extent necessary to comply with such statute, regulation, ordinance, executive order or rule, and the remaining provisions of this Agreement shall remain in full force and effect.
The failure of any party, in any instance, to insist on strict compliance of any of the terms of this Agreement, or to exercise any right or privilege herein conferred, shall not be construed as waiving any such terms, conditions, rights or privileges but the same shall continue to remain in full force and effect. No course of dealing between JFW and you or usage of trade shall modify this Agreement or be deemed a waiver of either party of their rights pursuant to the express provisions of this Agreement.
JFW shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and without the fault of JFW. Quantities are subject to availability.
Last Update: May 1, 2017