Terms and Conditions
WHEN YOU RENT FROM PETIT PORTER CO., YOU AGREE TO THE TERMS AND CONDITIONS HEREIN.
RENTAL FEES, PAYMENTS AND RESERVATIONS
- You must be at least 18 years old to use the Petit Porter Co. service.
- All prices on the website or mobile app are shown in U.S. dollars and exclusive of taxes, which will be charged on all orders as applicable and will be indicated at the time of your order. Orders are subject to a minimum charge. You will be charged for the full cost of your order at the time of reservation to the method of payment provided at checkout.
- A valid credit card is needed to secure payment for orders.
- Petit Porter Co. is not responsible for damages or defects from the manufacturer while you are using its products.
- Petit Porter Co. is not liable for fees you incur due to breaking local or federal laws or regulations.
- Petit Porter Co. reserves the right to cancel and refund an order if fraud is suspected.
- You may cancel your order up to 3 days prior to the start of your reservation with no penalty. A full refund will be issued. If you cancel your order less than 1-3 days prior to the start of your reservation, a $15 fee will be assessed. If you cancel your order within 24 hours of the start of your reservation, you will be charged 50% of the total rental fee. If you fail to cancel your order and do not collect the items at the beginning of your rental period, you will be charged the full amount for the rental items in your order.
- Items can be added to an order already placed, subject to availability. Additions must be made 24 hours prior to the start of the rental period.
- Choosing to return an item before the date indicated on your confirmation will not warrant a refund.
- Petit Porter Co. reserves the right to cancel orders within 72 hours from the beginning of the reservation period with a full refund.
- Petit Porter Co. reserves the right to charge for late fees, damage to items, lost, or stolen items.
- When renting from Petit Porter Co., you will receive a hard copy and soft copy of the manufacturer’s instruction manual for the product. Petit Porter Co. is not responsible for failure to follow these instructions or any errors in them.
- When renting from Petit Porter Co., you agree to read and follow the instructions for how to properly use the corresponding items.
- Hard copies of the manuals must be returned to Petit Porter Co. in good condition or a fee of $6 will be charged.
- Items must be returned to Petit Porter Co. at the end of the reservation rental period.
- Petit Porter Co. must be notified at least 24 hours in advance if the product is needed longer than the rental period. Requests are subject to product availability.
- You understand and agree that if the items rented are not returned to Petit Porter Co. at the end of the reservation rental period, you will be charged a $75 late fee, plus the daily rate for each item for every day the items are not returned.
LOSS OR DAMAGE
- You are responsible for caring for the product while it is in your possession. You will not be charged for normal wear and tear that occurs with recommended use and care.
- You are responsible for informing us immediately of damage to the product so we can address. A charge for replacement parts may be applied to repair damages caused by you. It is your responsibility to maintain in good condition (ordinary wear and tear excepted) of packing material such as bags, boxes, protective cushioning, and straps.
- Rental product must be returned in good condition or Petit Porter Co. must be notified of damage if it occurs.
- $35 will be charged to your credit card if returned product is excessively dirty, including but not limited to substances caused by crayons, markers, chewing gum, vomit, urine, feces, stickers, food, drinks, etc.
- You agree to store all product in smoke-free environments. Odor resulting from smoke will result in a fee up to $200 being charged to professionally clean and remove odor from the product.
- You understand and agree to be charged for the full replacement value for any product that is not returned to Petit Porter Co. or is damaged beyond repair, as determined by Petit Porter Co.
If the car seat rented was involved in an automobile accident, no matter how minor, while in your possession, you agree to report the accident to Petit Porter Co. immediately. This is to ensure the safety of other children. You WILL NOT BE CHARGED to replace the car seat after an accident.
In the unlikely circumstance that the items received from Petit Porter Co. are damaged, you understand and agree that you will report damages to item(s) upon receipt or on the first day of the rental period. Any damages reported after the first day of the rental period will be the sole responsibility of the customer. To report damaged items, you can email email@example.com or call 267-329-3099 and leave a voicemail if no answer.
You understand and agree that your credit card on file will be charged for late fees as mentioned above if the terms of the agreement are not met.
You understand and agree that if a cell phone number/landline number is provided, Petit Porter Co. customer service may contact you via telephone or text. Standard message rates may apply.
ITEMS FOR PURCHASE
The terms and conditions in the section below pertain specifically to items available for purchase, such as diapers, wipes, sippy cups, etc. All prices on the website or mobile app are shown are in U.S. dollars and exclusive of taxes, shipping or handling, which shall be charged on all orders as applicable and will be indicated at the time of your order. Sales tax is estimated at the time the product is purchased. You agree that you are responsible for paying any taxes applicable to your purchases. All items are subject to availability and Petit Porter Co. reserves the right to limit quantities of specific items on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice.
Rental items and purchases made through Petit Porter Co. are intended for end users only and are not authorized for resale. Petit Porter Co. reserves the right to prohibit purchases of any products to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling or renting them rather than using them.
AVAILABILITY, ERRORS, INACCURACIES
Unless otherwise agreed to by Petit Porter Co., payment must be received by Petit Porter Co. prior to our acceptance of an order.
Petit Porter Co. aims to be as accurate as possible and eliminate errors on our websites; however, Petit Porter Co. does not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on a website, in an order confirmation, in processing an order, delivering a product or service or otherwise, Petit Porter Co. reserves the right to correct such errors and revise your order accordingly if necessary (including charging the correct price), or to cancel the order and refund any amount charged. To the fullest extent permitted by law, your remedy in the event of such error is to cancel your order and obtain a refund.
Products rented and sold by us are for your personal use only. You agree to use the products only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the product. You agree not to do any of the following:
- License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the product other than as authorized by Petit Porter Co.;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
To the fullest extent allowed by law, Petit Porter Co. is not responsible for any damage or liability (including attorney’s fees) caused by (i) use of the products or services for purposes other than those for which the products or services are designed or intended, or use in improper temperature, humidity or other environmental conditions, or use of the products or services in violation of written instructions provided by Petit Porter Co. (which may be provided at the time of purchase or on the websites), (ii) normal wear and tear or aging, or improper repair, operation or maintenance or connections to improper voltage supply or, to the extent allowed by law, attempted repair by anyone other than a facility authorized by Petit Porter Co. to service the products. THE FOREGOING EXCEPTIONS DO NOT APPLY TO Petit Porter Co.’s OWN GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT.
If you and Petit Porter Co. have a disagreement related to Petit Porter Co. service, we will try to resolve it by talking with each other. If we cannot resolve it that way, WE BOTH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE CONFIDENTIAL ARBITRATION, NOT LAWSUITS TO RESOLVE THE DISPUTE. Of course, either of us can always contact a government agency or regulatory authority for help, too. Private arbitration will work as follows:
Any dispute between us will be resolved exclusively and finally by arbitration administered by and under the Commercial Arbitration rules of the AMERICAN ARBITRATION ASSOCIATION (“AAA”). If the AAA ceases to exist, we will agree on another arbitration forum. The arbitration will be conducted by three neutral arbitrators and will be limited solely to the dispute between us. THESE TERMS AND CONDITIONS DO NOT PERMIT CLASS ARBITRATIONS EVEN IF AAA PROCEDURE OR RULES WOULD. (IF A COURT OR ARBITRATOR REFUSES TO HONOR THIS LIMITATION IN ANY PARTICULAR DISPUTE BETWEEN US, THEN THIS ARBITRATION CLAUSE WILL BE VOID AND UNENFORCEABLE TO THE EXTENT OF THAT PARTICULAR DISPUTE.)
The arbitration will be held in Chicago, Illinois, or by telephone at your option.
There is no judge or jury in arbitration, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations in these Terms and Conditions as a court would. If an applicable statute REQUIRES an award of attorney’s fees, an arbitrator can award them, too.
Any arbitration award made after completion of arbitration is final and binding and may be confirmed in any court of competent jurisdiction. An award and any judgment confirming it only applies to the arbitration in which it was awarded and can’t be used in any other case except to enforce the award itself.
We agree that the arbitration, including the evidence, the argument and the outcome, is confidential between us. We can tell our lawyers, and if necessary, our financial advisors and insurers about the arbitration if they agree to keep it confidential. We can both tell others but only if required by law. The arbitrator we appoint has to agree to this confidentiality protection also. Nothing in these Terms and Conditions prevents either of us from filing the arbitration award with a court to enforce or appeal such award, though we agree that the evidence and arguments of the parties related to such award will be treated as confidential information subject to court protective order.
IF FOR SOME REASON THESE ARBITRATION REQUIREMENTS DO NOT APPLY, any claim that you have will be brought exclusively in a state or federal court located in Cook County, Illinois, and WE EACH WAIVE ANY TRIAL BY JURY.
Petit Porter Co. only collects personal information that you choose to give us (for example, your email address when you email us at firstname.lastname@example.org). This information is used to provide you with information and services that you have requested or information and services regarding your reservation. Other information collected from you may include your name, address and telephone number. The information Petit Porter Co. may collect on your children is never disclosed or shared with any outside party as Petit Porter Co. understands the importance of protecting your children’s privacy.
Petit Porter Co. does not collect your personal information if you browse or download from its website. To the extent that our web server may collect IP addresses, that information is used only for the operation and security of our website and cannot identify a specific person directly.
USE OF COLLECTED INFORMATION
Domain name information that Petit Porter Co. collects is not used to personally identify you and, instead, is aggregated to measure the number of visits, average time spent on the site, pages viewed, etc. Petit Porter Co. uses this information to measure the use of our site and to improve the content of our site. Petit Porter Co. does not share, sell, or lease personal information about you to any third parties for their marketing use. Petit Porter Co. will release information about you if you direct us to do so, if Petit Porter Co. is required by law to do so, or in other legally limited circumstances.
A cookie is a small file containing certain pieces of information that a website creates when you visit the site. It can track how and when you use a site and can track statistical information about navigation to and throughout certain areas of our site. A cookie is not a program, code, or plug-in. Cookies used by Petit Porter Co. do not contain personal identifying information, do not give us access to anything on your hard drive, and cannot do anything to your computer.
If you "sign in with Facebook" or otherwise allow us to access or use any profile or other information about you that you have provided to Facebook or another third-party website, you acknowledge and agree that the information or content that is a part of your social media site profile, which you have designated as "public" (or a similar designation), may be accessed and used by Petit Porter Co.
PLEASE READ THIS DOCUMENT BEFORE USING ANY PETIT PORTER. CO SERVICE. KEEP A COPY OF IT IN A SECURE PLACE. READ AND KEEP A COPY OF ANY ADDITIONAL PETIT PORTER CO. DOCUMENTS GIVEN OR SENT TO YOU. ANY PETIT PORTER CO. DOCUMENTS THAT SAY THEY BECOME PART OF YOUR PETIT PORTER CO. TERMS AND CONDITIONS SHALL BECOME PART OF THESE TERMS AND CONDITIONS IF YOU ACCEPT ANY OF THE SERVICES THEY DESCRIBE.
Changes in Terms and Conditions. We can change our Terms and Conditions at any time. Such changes will not affect the services you have already purchased from Petit Porter Co., but you will be bound by such changes upon the purchase of any subsequent products or services. You can always get an updated copy of our Terms and Conditions at www.thepetitporter.com.
Disclaimer or Warranties. Warranties are special kinds of promises. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE PETIT PORTER PRODUCTS OR SERVICES. ALL PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. WE DO NOT MAKE ANY WARRANTIES, OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, ABOUT PETIT PORTER CO. PRODUCTS OR SERVICE. THIS MEANS THAT, AMONG OTHER THINGS, NO WARRANTIES OF GOOD FAITH, REASONABILITY, CONTENT, QUALITY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, PERFORMANCE, AVAILABILITY, WORKMANSHIP, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, SUITABILITY, OR NON-INFRINGEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF ANY WARRANTY OR DUTY BY PETIT PORTER CO. OR ITS AFFILIATES, OR ANY EMPLOYEE, DIRECTOR, SHAREHOLDER, ATTORNEY OR AGENT OF PETIT PORTER CO. OR ITS AFFILIATES. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS AND CONDITIONS.
Limitation of Liability. YOU AND PETIT PORTER ARE EACH WAIVING IMPORTANT RIGHTS UNLESS FORBIDDEN BY LAW IN A PARTICULAR INSTANCE. WE EACH AGREE AS FOLLOWS:
FIRST, PETIT PORTER CO. IS NOT LIABLE TO YOU FOR ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO THE USE OF THE PETIT PORTER PRODUCTS OR SERVICES.
SECOND, PETIT PORTER’S MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, TORT OR PRODUCTS LIABILITY) IS LIMITED TO XX.
THIRD, UNLESS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS, YOUR MAXIMUM LIABILITY TO PETIT PORTER CO. UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, TORT OR PRODUCTS LIABILITY) IS LIMITED TO (i) ANY CHARGES DUE AND OWING BY YOU TO US and (ii) ANY INDEMNIFICATION PROVIDED TO US UNDER THESE TERMS AND CONDITIONS.
FORTH, NEITHER YOU NOR PETIT PORTER CO. CAN RECOVER (1) PUNITIVE DAMAGES, (2) TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, OR (3) ATTORNEY’S FEES. YOU AND PETIT PORTER CO. AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT OR COMPENSATORY DAMAGES AS LIMITED IN THESE TERMS AND CONDITIONS.
FIFTH, YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND INDEMNIFICATIONS IN THESE TERMS AND CONDITIONS WILL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS OR USE OF THE PRODUCTS OR SERVICES.
NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR CERTAIN OTHER DAMAGES, SO SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY IN SOME SITUATIONS.
You agree that you are participating in this agreement voluntarily. You agree to inspect the product(s) that you have rented or purchased before using the product. You understand that if damages or a problem is determined when inspecting the products rented or purchased you are not to use the items and to call Petit Porter Co. immediately at 267-329-3099. You agree to not use the product until it is replaced.
You will obey manufacturer’s guidelines and safety precautions when using baby gear such as, but not limited to cribs, strollers, highchairs, baby monitors, toys, sound machines, and other items.
Notices. If any provision of these Terms and Conditions requires a written notice, then the following rules apply. Any written notice from us will be considered given when we send it by email to any email address you have provided to us, or two days after we mail it to you at the most current billing address we have on file for you. Any written notice from you required by these Terms and Conditions will be considered given when we receive it at XX. If these Terms and Conditions do not require that the notice be written, then if can be written or oral. Any oral notice from us will be considered given when we reach you or any adult, or leave a recorded message, at any telephone number you have provided us. ANY ORAL NOTICE FROM YOU WILL BE CONSIDERED GIVEN WHEN YOU PROVIDE IT TO ONE OF OUR OPERATORS AND CONFIRM IT HAS BEEN RECORDED.
These terms and conditions are governed by the laws of the United States of America and by the laws of the state of Delaware.