Terms and Conditions
Please read these Terms and Conditions (“Terms”) for Spaces by Bella, an e-commerce company providing furniture rentals (“Services”). The Terms are a binding contract between you and Spaces by Bella. You must agree to and accept all of the Terms, or you will not have the rights to use the Services. By submitting a request (whether online or written) to rent or purchase Furniture, (an “Order Form”), or by using the Services in any manner, you agree to all of these Terms as well as any additional terms contained in the Order Form or otherwise presented to you in the process of selecting and placing your order.
Account Rules, Eligibility, and Prohibitions
General: If you are an individual user (for example, an individual who is not part of a business, company, organization, or other entity), you will only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. Spaces by Bella can’t and won’t be responsible for your using the Services in a way that breaks the law.
You may be required to sign up for an account and select a password and username (“User ID”). The information provided must be updated and accurate. If it is not, Spaces by Bella has the right to have to suspend or terminate your account. You may not select as your ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You must notify us right away of any unauthorized use of your account. You’re responsible for any activity associated with your account. Unless otherwise permitted by us in writing, you may only have one account on the Services. We may ask you to supply additional information relevant to transactions and payment, including your email and postal addresses for billing and notification, as well as additional information relevant to verifying your eligibility to use the Services, as further described below (for example, information that may be found on your driver’s license or other form of government-approved identification) (such information, “Verification Information”). You promise to provide us with accurate, complete, and current information that we request about you and if you don’t, we might the right to suspend or terminate your account.
Eligibility: Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children between the ages of 13 and 18 may use the Services under the supervision of parents or legal guardians, who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any furniture or other products (“Furniture”) via the Services. If you’re agreeing to these Terms on behalf of a business, company, organization or other entity, you represent and warrant that you are authorized to agree to these Terms on that business, company, organization, or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that business, company, organization, or entity).
Furniture Rental Terms
- In order to rent Furniture via Spaces by Bella, you must sign up for a subscription (“Subscription Plan”). The subscription fee for the rental services (“Subscription Plan”) will be charged to you as described below, and in accordance with the specific terms of the Subscription. You agree to pay all applicable sales and use taxes in connection with your rental of the Furniture and taxable services provided. The Subscription Fee is not inclusive of such taxes. However, during the checkout process, when confirming payment, the amount shown will include both the Subscription Fee and relevant taxes based upon your zip code.
For standard rental Subscriptions, if you take no action to return, exchange, or purchase Furniture, or to otherwise terminate your Subscription, your Subscription will continue to run and you will continue to be charged on a recurring basis, per the payment schedule of your Subscription, until such time you choose to return, exchange, or purchase your Furniture, or otherwise terminate your Subscription.
Billing: We use a third-party payment processor (the “Payment Processor”) to bill you through the credit card and billing information linked to your account on the Services (“Payment Method”). You must provide and maintain current, complete and accurate Payment Method. You represent and warrant that you have the legal right to use any such Payment Method. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By signing up for a Subscription, you agree to pay Space by Bella, through the Payment Processor, all charges at the prices then in effect for such Subscription in accordance with the applicable payment terms, and you authorize Spaces by Bella, through the Payment Processor, to charge your Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. If Spaces by Bella, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand.
Recurring Billing: The Subscription may consist of a one-time charge, followed by recurring period charges as agreed to by you in the Order Form. By signing up for a Subscription, you acknowledge that there is an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges based on your subscription plan without further authorization from you, until you provide notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, please contact us at firstname.lastname@example.org.
Reaffirmation of Authorization: Your non-termination of a Subscription reaffirms that we are authorized to charge your Payment Method for the applicable Subscription Fees. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected your Subscription (or as your payment terms may be amended thereafter).
Promotional Discounts: Spaces by Bella may offer discounted Subscriptions or other discounts or promotions (“Promotions”) from time to time. Any applicable sales and use taxes and services fees will be calculated based on the discounted Subscription value after the Promotion is applied. Certain Promotions may only be redeemed once you achieve a specified minimum fee threshold, and any sales or use taxes or service fees do not count towards achieving such threshold. Unless otherwise stated by us in writing, you may only use one Promotion per Order Form and cannot combine Promotions or any other discounted offers. You may not sell or transfer your Promotion. Spaces by Bella may modify or cancel any Promotion at any time. If you violate these Terms, Spaces by Bella reserves the right to cancel your Promotion.
Delivery & Pick-Up
We will use our commercially reasonable efforts to deliver the Furniture to the address set forth in the Order Form (“Premises”).
Prior to delivery, Spaces by Bella or our delivery provider will initially attempt to contact you via the email address specified in your account to arrange an appropriate date and time window during normal business hours for delivery (“Delivery Window”). You or your representative must be present to receive the Furniture at all times during the agreed upon Delivery Window, with limited exceptions in the case that you provide us with no less than forty-eight (48) hours’ prior written notice of foreseeable absence or unless otherwise agreed by you and Spaces by Bella. Your failure to provide such written notice will make you ineligible for a refund for any payments made and you may be charged an additional transportation charge equal to the cost of rescheduling your delivery (the “Transportation Charge”). You may reschedule the Delivery Window at no cost to you no later than forty-eight (48) hours before the start of the Delivery Window. If you request a rescheduling of the Delivery Window less than forty-eight (48) hours before the start of the Delivery Window, you may be charged a fee $49.00
Property & Entry: You grant Spaces by Bella (including its employees, consultants, subcontractors, and agents) permission to enter your Premises for the purpose of delivering and picking up the Furniture, whether you are present or have expressly notified us in advance of your absence pursuant to section listed above. You are responsible for ensuring that there is sufficient access and space, and that any staircases and lifts providing access are suitable for the delivery. You are responsible for moving fragile objects in your Premises which could be damaged during the delivery. To the extent any third-party consents or permissions is necessary for Spaces by Bella to deliver the Furniture to your Premises or to pick-up the Furniture at your Premise, you will obtain all necessary consents and permissions prior to the delivery or pick-up.
If Spaces by Bella or our delivery provider, at our sole discretion, determines that there is insufficient access and space to complete the delivery without damage to the Furniture or is unable to complete the delivery, Spaces by Bella may terminate your Order Form. In the event of such termination, we may charge you an amount equal to the Transportation Charge.
Initial delivery and assembly (if applicable) of the Furniture will be at no cost to you. Upon pick-up, we may charge you a pick-up fee for the Furniture as specified in your Order Form. If, through no fault of Spaces by Bella, additional delivery or pick-up is required to deliver or pick-up the Furniture, you may be charged an amount equal to the Transportation Charge for each such additional delivery or pick-up.
You must provide at least ten (10) business days’ prior written notice of your intention to terminate your Subscription to Spaces by Bella by email to email@example.com in order to arrange for pick-up by Spaces by Bella of the Furniture. Your failure to provide such written notice will result in subsequent monthly charges for the Furniture pursuant to your Subscription as specified in your Order Form until you provide such written notice.
Furniture Maintenance and Damages: Spaces by Bella will provide the Furniture in good condition. You will be responsible for any damage or loss to the Furniture while in your possession, reasonable wear and tear excepted. You will not make any modification, alteration or addition to the Furniture. Whether the Furniture is damaged or lost will be determined in Spaces by Bella’s sole discretion. In the event of damage or loss, we will charge you the cost of repairing or replacing the Furniture, including materials, parts and labors, plus any applicable service fees. You will not pledge, encumber or allow any lien to be attached to the Furniture or remove the Furniture from its Premises, without written approval of Spaces by Bella.
Cancellations, Exchanges, Purchases, and Additions: You may have options to return the Furniture and cancel your Subscription, to exchange the Furniture for another item of Furniture (“Exchanged Furniture”), to purchase the furniture outright, or add additional Furniture to your plan.
Default: The following events will give Spaces by Bella the right to demand any remedies set forth in these Terms (“Event of Default”): (i) You fail to pay the Subscription Fee required under these Terms and your Order Form when due or payable, by acceleration or otherwise; (ii) Without Spaces by Bella’s written consent, you attempt to remove, sell, transfer, encumber, part with possession or sublet any Furniture to any third party or to permit a judgment or other claim to become a lien upon the Furniture; (iii) You fail to perform or observe any other covenant, condition or agreement to be performed or observed by you under these Terms and your Order Form, and such failure or breach continues un-remedied for a period of fifteen (15) days after you become aware of such failure or breach; or (iv) You become insolvent, make an assignment for the benefit of creditors or suffers dissolution or the termination of its existence or if any bankruptcy proceeding started by or against you.
Spaces by Bella's Remedies: Upon the occurrence of any Event of Default that remains uncured for fifteen (15) days after you receive notice from Spaces by Bella that such Event of Default has occurred and at any time thereafter, Spaces by Bella may, with or without canceling this Agreement, in its sole discretion, do any one or more of the following: (i)Terminate your Order Form; (ii) Charge your Payment Method for an amount equal to the Manufacturer’s Suggested Retail Price (“MSRP”) of the Furniture and the Subscription Fees for the full duration of your Subscription plan; (iii) Repossess the Furniture without liability for suit, action or other proceeding by you (any damages occasioned by such repossession being hereby expressly waived by you) and remove the Furniture from such Premises and any other materials belonging to you from the Furniture; or iv) Exercise any other right or remedy that may be available to it under applicable law.
Purchase of Rented Furniture: Spaces by Bella may - at its discretion - notify you at any time during your Subscription that you have an opportunity to purchase the Furniture you’ve rented, at a price that Spaces by Bella will determine (“Adjusted Purchase Price”). You may be able to initiate such a purchase through your account page on the Site, or by contacting us. When you place the order, you hereby authorize us, through the Payment Processor, to charge your chosen Payment Method for the Adjusted Purchase Price. We will charge your Payment Method the amount of the Adjusted Purchase Price immediately upon your purchase order. Adjusted Purchase Prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly. Purchase orders are final and cannot be cancelled. No returns will be approved. You acknowledge and agree that only those items of Furniture designated by Spaces by Bella on the Services as available for purchase are eligible for purchase by you.
Additional Furniture Rental Terms
Furniture Purchases: Spaces by Bella may make Furniture available for outright purchase, independent of any rental (or rent-to-own) type Subscription plan. If available, purchase options can be found here. You acknowledge and agree that only those items of Furniture specifically designated by Spaces by Bella on the Services as available for outright purchase are eligible for purchase by you. If you purchase any item of Furniture using the Services, you agree to the following conditions in this Section. You will pay the amount listed on your Order Form for purchase of such Furniture (“Purchase Price”) and any other disclosed amounts, such as taxes, duties, costs and expenses. You are responsible for all payments and taxes associated with your use of the Services. Upon your Order Form, you hereby authorize us, through the Payment Processor, to charge you for the Purchase Price. We will charge your Payment Method the amount of the Purchase Price immediately upon your Order Form. Purchase Prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly. You will own the purchased item at the time of delivery to the Premises specified in your Order Form and will be responsible for any damage or loss to the purchased item thereafter. Unless otherwise stated in writing by Spaces by Bella, delivery of the purchased item will be pursuant to the applicable payment terms in Section 4(b) and the applicable delivery terms in Section 4(c). All purchases are final and cannot be returned, cancelled, or upgraded after your purchase Order Form has been submitted, unless otherwise stated or approved by Spaces by Bella. However, Spaces by Bella may, at its sole discretion, accept requests to return furniture purchased outright, if such requests are made within seven days of delivery and the furniture is in the same condition as delivered.
Cancellation and Termination
If you’re on a Subscription plan (whether rental or rent-to-own, you’re free to cancel the subscription and stop using the Services at any time, by contacting us at firstname.lastname@example.org, however there may be associated fees, such as cancellation and return fees, as disclosed in the specific terms of the Subscription plan you selected.
Spaces by Bella is free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Spaces by Bella has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in deletion of any Content associated with your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, any terms regarding your User Submissions (as defined below), any terms regarding cancellation or termination of your account, terms regarding disputes between us, including without limitation the arbitration agreement, and the warranty disclaimer and all other terms in Section 13.
Content Rights and Copyright
You understand that Spaces by Bella owns the Services, including all rights, title, and interest in and to the Furniture that Spaces by Bella rents to you pursuant to your Subscription. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Spaces by Bella’s) rights. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
In the event that a conflict arises from this Agreement, both Stager and Client agree to mediate the conflict prior to filing litigation. Mediation in North Carolina shall be conduct in accordance with the same standards described by North Carolina General Statute 7A-38.1and commonly known as “Rules Implementing Statewide Mediated Settlement Conference in Superior Court Actions” and in North Carolina such rules as set by the North Carolina Supreme Court for actions in magistrate court under Title 22 of the North Carolina Code. In the event that the dispute is not settled then any action brought shall be exclusively brought in the judicial district in which the Stager’s primary business operation is located in North Carolina; notwithstanding, solely at its election, Stager may set venue in the North Carolina county where Services were rendered or Client resides.
Entire Agreement; Exclusive Venue: The Agreement is set forth herein fully and completely and any or all prior or contemporaneous agreements or understandings are superseded. Any changes to this document, additions, or subtractions must be made in writing and signed by both parties to be considered valid.
Notices: All notices under this Agreement will be in writing and sent via electronic mail, facsimile, registered or certified mail, return receipt requested, or via recognized overnight courier service, to the addresses listed at the beginning of this Agreement. All notices will be deemed effective on the date of actual receipt, as evidenced by the return receipt, courier record, facsimile confirmation record, or similar document. In the event any notice is sent via facsimile or electronic mail, a copy of such notice will also be promptly sent to the other party via first class mail.
Severability: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
Waiver: The failure of either Party to insist upon strict compliance with any provision of this Agreement will not be deemed a waiver of such provision or of any other provision of this Agreement.
Successors, Assigns, and Subcontracting: This Agreement will be binding upon and inure to the benefit of the Parties and their successors and permitted assigns. Neither Party may assign this Agreement or any rights or obligations hereunder. There are no third-party beneficiaries of or to this Agreement.
Applicable Law: This Agreement will be governed and construed in accordance with the laws of the State of North Carolina, without regard to conflict of laws principles.