Acceptance of terms and conditions
The following are the rules and “Terms” that govern your use of this site and the services offered to you on this site. By using this site you agree to be bound by and to follow these Terms and all applicable laws and regulations governing this site. If you do not agree to these Terms, please do not use this site. We reserve the right to change these Terms at any time, effective immediately upon posting on this site. TuxKit may change, suspend or discontinue all or any aspect of the services (the “Services”) offered to you on this site, including the availability of any feature, database, or Content (collectively, “Content”), without prior notice or liability. By using this site following any changes you agree to be bound by the Terms as changed.
Tuxedo Rental Agreement:
This Rental Agreement sets forth all the terms and conditions of your rental of products from TuxKit.com through our website and or direct ordering by telephone, fax and/or electronic mail.
Costs and Fees.
The fee for rented merchandise shall include: the rental fees, applicable taxes, damage waiver, shipping and handling and any other fees described in the order detailed on the checkout page. Placing an order means that you understand and authorize TuxKit.com to immediately charge your credit card for the total fees associated with your order. By submitting you payment card, or any associated payment method, you authorize TuxKit to charge payment for any fees incurred as described in these rental terms. If the event creator chooses the option to pay for all the tuxedo rentals, he or she will be responsible for making all payments and any fees incurred if the tuxedo is not returned, or returned late.
Receipt of Order.
It is your responsibility to immediately inspect and try on the items ordered upon delivery. If any garment does not fit, you must notify us within 2 calendar days (48 hours) of delivery. You agree that in order to notify us that you require an exchange, you should follow the Return and Exchange link on the main page of the website under “Help and Info”.
Exchanges. If you have an issue with sizing, you are entitled to a free exchange as long as it is requested within 48 hours of delivery. An exchange may still be requested beyond the 48 hours mark, but you will be responsible for any express shipping fees required to deliver your exchange before your event.
Rental orders can be cancelled before shipment for a full refund, minus a $35 cancellation fee. Once the items are shipped, you understand and agree, that TuxKit.com will not provide a refund or credit for any reason, including but not limited to event cancellations, inclimate weather, and any other reason outside of our control. This is a firm policy designed to prevent fraud and abuse of our system. This allows us to keep our prices low for all customers, and ensure the highest integrity of our service.
If your event is postponed, you must purchase a rental extension to cover the additional time that your items will remain in your possession. By default, your rental is due back in the mail by 3 calendar days after the original event date on your order. You can purchase a rental extension for $25-per-additional-week/per-person which is much more economical than being subject to our standard $15-per-day/per-person late fee.
Delivery and Return Shipping.
(1) Delivery. Your rental order will be shipped to you via FedEx Ground Delivery, United Parcel Service (UPS), or other national recognized shipping service between ten and seven days prior to your event date. We ship only to a valid residence, office, or nationally recognized hotel address within the continental United States. We do not ship to PO Boxes or outside of the United States.
(2) Returning Your Items and Return Shipping. You agree to ship the rental items back to us within three business days following the date of use. Returned items dated any later in transit will be subject to a $15.00 per day late fee. Any items not returned to TuxKit 30 days after the use date will be billed at replacement and processing costs below. You will not receive any refund or other payment after returning your items. We provide a pre-paid return shipping label with your order [if you misplaced or lost your Return Label, please contact us immediately so we can email you another. It is your responsibility to have the garment(s) in transit back to our warehouse in the fore mentioned time frame]. Place all rental items you received in the original shipping box, place the supplied return label over the shipping label, and deliver to an authorized Federal Express, or UPS shipping site (whichever your package arrived) or arrange for a home pick-up within the time frame. If your tuxedo rental is being returned late, you are responsible for shipping your rental back to: TuxKit 100 Ward Ave Trenton, NJ 08609 using any service you choose
You agree that you understand that you are authorized to make non-permanent alterations to the Jacket/Pant length at your convenience. If you incur fees associated with non-permanent alterations, we will reimburse you up to $10.00 if
(1) the service is provided before your event date,
(2) you can provide a copy of a valid receipt, and
(3) you send us a copy of the receipt before you rental items are due to be shipped back to us pursuant to our return policy.
Late Fees and Replacement.
All rental orders must be shipped back to TuxKit.com within three (3) business days following your event date (Saturdays and Sundays excluded). Orders not returned timely but shipped within 7 calendar days following your event date (the event date is the date you select on your original order) will be charged at the rate of $15.00 per day, per-person/tuxedo. Items not sent back within 30 days of your event shall be deemed lost or stolen, and will result in replacement/processing costs as listed below which shall be billed on the payment card, or associated payment method that was given at time of order.
Replacement and Processing Costs for Items
Pocket Square $10.00
We are not responsible for personal property accidentally or otherwise returned with the rental order.
Terms and Conditions of Website Use.
Except as expressly provided in these Terms and Conditions of Website Use neither any part of this website nor any content located herein may be reproduced in any form, copied, republished, posted, publicly displayed, encoded, reproduced, translated, transmitted or distributed in any form to any computer, server, website, or other electronic or other device for purposes of publication or dissemination without written consent executed by the legal department of TuxKit.com. You agree you may not pursue any course of action with the purpose of gaining unauthorized access to the website in any form or by any method whatsoever. You agree not to interfere with the function of the website, or any systems or networks connected to the website. You agree that you will not disguise any communication or access the site using a fictitious identity. You agree that TuxKit.com has the right at any time, and without notification terminate your access to the website or otherwise interrupt service to the website as necessary or convenient.
You agree and understand that when you utilize our website we automatically gather certain information which may be stored including Internet protocol (IP) addresses, Internet service provider (ISP), referring/exiting pages, operating system, date/time stamp, browser type, clickstream data. You also agree and understand that Cookies may be stored on your computer from the use of our site. You can restrict Cookies; however, this may interfere with your access to our site. This data is used to improve our service and improve your experience.
Internet Security/Credit Card Security.
The security policy we follow to protect the personal information submitted to us, both during transmission and once we receive it, is that of generally accepted industry standards. You agree that this is an acceptable standard and that you understand that internet transmissions are never completely secure or private. You agree and understand that any message or information you send to the website may be read or intercepted by other parties and that such information may include encrypted information such as credit card data.
TuxKit.com will not knowingly collect personally identifiable information from any visitor under the age of 13 without prior verifiable parental consent. You agree that if you become aware that your dependent child or child you are responsible for has registered without your consent, you will notify us immediately so that we can delete the registration from our files.
Intellectual property laws
All materials and content included on this site (including, without limitation, text, graphics, logos, button icons, images, audio clips and software) are the property of TuxKit, its content suppliers or the parties indicated, and are protected by U.S. and international copyright laws. The collection, arrangement and assembly of all Content on this site is the exclusive property of TuxKit and protected by U.S. and international copyright laws. All software used on this site is the property of TuxKit, or its software suppliers, and protected by U.S. and international copyright laws. The Content and software on this site may be used solely as provided in these Terms. Any other use of the Content on this site is strictly prohibited.
TuxKit, and other TuxKit graphics, logos and service names are trademarks of TuxKit. All other marks contained on this site are the sole property of the parties indicated.
Procedure for Making Claims of Copyright Infringement
TuxKit and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please e-mail or write us with your complaint.
Please include the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit contacting the complaining party, such as an address, telephone number, and if available, an electronic mail address.
License and Site Access
TuxKit owns this site. Within this site and these Terms, when we say “TuxKit” “we,” “us,” or “our,” we mean TuxKit. No material from this site may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of TuxKit or, where applicable, our licensors. TuxKit grants you a limited license to access and make personal use of this site and not download (other than page caching) or modify it without express written consent of TuxKit. Changing the Content or using the Content on this site in any other way is a violation of our rights. The use of the Content on this site, without our written permission, on any other site or computer network is prohibited.
Improper behavior is prohibited
Within this site, you are not allowed to distribute (by whatever means) materials that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or that we otherwise deem distasteful or objectionable.
Except as expressly provided in signed services agreements between you and TuxKit, you are not allowed to use this site or any of our services contained therein in any commercial manner. Any unauthorized commercial solicitation by you of our customers, clients, partners or guests is prohibited. You are solely responsible for the content of your own messages. We reserve the right to refuse service to you or terminate your account if we, in our sole discretion, believe that your conduct violates these Terms, applicable law or is harmful to our interests, or the interests of our affiliates and partners.
Use of comments
All submissions submitted or offered to TuxKit on or by this Site (collectively, “Comments”) shall be and remain the property of TuxKit and the sponsors of relevant promotions. Such submissions or offer of any Comments shall constitute an assignment to TuxKit or the sponsors, as appropriate, of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, TuxKit or the Sponsors will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Neither TuxKit nor the Sponsors shall be under any obligation (1) to maintain submitted Comments in confidence; (2) to pay to you or any user any compensation for any Comments; or (3) to respond to any Comments. You agree and warrant that Comments submitted by you to the Site do not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that Comments submitted by you to the Site do not contain libelous or otherwise unlawful, abusive, obscene or pornographic material. You are and shall remain solely responsible for the content of any Comments you make.
Unless otherwise specified, the materials in this site are presented solely for the purposes of marketing TuxKit and its services, and assisting in the promotion of our client’s products and services that are available in the United States. We control and operate this site from our offices in Trenont, NJ U.S.A. We make no claims that our content is appropriate for use outside of the United States. If you choose to use this site from outside of the United States, you are solely responsible for compliance with your local laws.
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or arising out of this site shall be resolved through biding arbitration using the then current rules of the American Arbitration Association, in Trenton, NJ and the resulting decisions may be entered in any court with proper jurisdiction. This means that if you have a grievance with us, you cannot take us to court. You can address such grievances through arbitration only and you are hereby consenting to do it in Trenton, NJ, using New Jersey’s laws (without regard to New Jersey’s conflicts of laws). If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms (or reformed, if necessary), and shall not affect the validity and enforceability of any remaining provisions. Alternatively, such provision may also be modified to the extent necessary for its validity.
The Content on our site is provided “AS IS” and without warranties of any kind either expressed or implied. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TuxKit DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. To the fullest extent permissible pursuant to applicable law, TuxKit shall not be liable for any damages of any kind arising from the use of the Content and services offered on this site, including, without limitation, indirect extraordinary, exemplary, punitive, special, incidental or consequential damages. TuxKit does not warrant that the functions contained in the Content will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT AND SERVICES, AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT AND SERVICES AND AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT AND SERVICES IS ASSUMED SOLELY BY YOU. TuxKit does not warrant or make any representations regarding the use or the results of the use of the Content on this site in terms of its correctness, accuracy, completeness, quality, suitability, reliability or otherwise. You (and not TuxKit) assume the entire cost of all necessary servicing, repair or correction incurred by you as a result of the Content on this site.
TuxKit explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from this site belonging to third parties not associated with us. We encourage discretion when browsing the Internet using our or anyone else’s service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
We cannot ensure that you will be satisfied with any products or services that you purchase from third-party product and service providers included within this site, since such third-party product or service providers are owned and operated by independent businesses. With respect to third-party sites that link to or out of this site, we have not taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites.
You agree to indemnify, defend and hold TuxKit and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “TuxKit Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any TuxKit Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. TuxKit reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with TuxKit’s defense of such claim.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall TuxKit be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if TuxKit or a TuxKit authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall TuxKit’s total liability to you for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.
Acceptance of these Terms