STANDARD TERMS AND CONDITIONS OF SALE & RENTAL

TERMS AND CONDITIONS

I. Accepting these Terms and Conditions

These terms and conditions ( “Terms & Conditions” ) constitute a legal agreement (this “Agreement” ) between you ( "User" , "You," or "Your" ) and Borrow Luxury, [inc] (the "Company" , “Borrow Luxury,” "we" , "us" , or "our" ), and governs Your access to and use of our website located at www.Borrow-Luxury.com , and any successor site thereto (the “Website” or the “Platform” ), and our services, including Borrow Luxury’ rental ( “Rental” ) of fine jewelry (each, a “Product” ) (together with the Website and the Content (as defined below), the “Services” ).

1. Please review these Terms & Conditions carefully

By accessing or using any of the Services, including by creating a User Account (as defined below), You acknowledge that You have read, understood, and agreed to be bound by these Terms & Conditions and You represent that you are an individual of legal age to form a binding contract. Under no circumstances may you access or use the Services if you are under eighteen years of age. These Terms incorporate by reference any additional terms and conditions posted by Borrow Luxury on the Website or otherwise made available to You by Borrow Luxury (the “Additional Terms” ), and You understand and agree that by accessing or using any of our Services, You agree to also comply with all Additional Terms.

This Agreement constitutes a legally binding contract between You and Borrow Luxury. No other terms or conditions shall have any force or effect on this Agreement or the parties thereto. You acknowledge and agree that You are renting the Products and that the title and ownership thereto remain with their respective legal owners at all times.

1. Creating a User Account

BEFORE YOU CAN BEGIN USE OF THE SERVICES, YOU MUST REGISTER THROUGH THE WEBSITE AND OBTAIN A USER ACCOUNT. BY CLICKING ON THE "I ACCEPT" BUTTON, REGISTERING A USER ACCOUNT ON THE WEBSITE, OR BY RESERVING, OFFERING, AND/OR ORDERING ANY PRODUCT LISTED ON THE PLATFORM, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS & CONDITIONS, CLICK THE "I DO NOT ACCEPT" BUTTON AND YOU WILL NOT BE PERMITTED TO RENT PRODUCTS FROM THE PLATFORM.

1. Number of Products

We reserve the right to determine the allowed number of Products that may be rented at the same time. For security reasons, the current number of Products that can be rented for a set one week period of time, is limited to three (3). You cannot receive new jewelry Rentals before returning any outstanding Rentals first.

1. Changes

WE RESERVE THE RIGHT TO UPDATE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME AS WE DEEM APPROPRIATE AND ANY SUCH UPDATE OR CHANGE SHALL BE IN FULL FORCE AND EFFECT FROM THE MOMENT IT IS REFLECTED ON THE WEBSITE. In addition, we may, at any time and without liability, suspend, modify, or discontinue all or part of the Services (including access to the Website via any third-party links). We encourage you to check our Website periodically for the most current Service offerings. Similarly, we may update the Content, including descriptions and specifications about Products, and we reserve the right to remove any Content (as described below) at any time, for any reason (including, but not limited to, if someone alleges you contributed Content in violation of these Terms & Conditions), in our sole discretion, and without notice. Borrow Luxury will have no liability for any change in the Services, or any suspension or termination of your access to Services.

1. Credit Inquiry

Borrow Luxury reserves the right in its sole discretion to perform a direct credit inquiry of Your credit report in connection with any Rental order. This additional security measure applies but is not limited to the following criteria:

• If any of your preliminary verification information does not match the information you submitted.
• If the total market value of the products rented is greater than $1,300.

This credit inquiry shall be done via a third party STRIPE.

1. Charges to Your Account

You authorize Borrow Luxury to charge Your credit card in accordance with the provisions stipulated herein. Ensuring that the credit card details associated with Your User Account are accurate at all times is Your responsibility, and in no event will Borrow Luxury be held liable if a Product cannot be delivered due to incorrect or out-of-date credit card information.

1. Approval/Rejection of Rental Services and Fees

Due to the nature of the services that we provide we reserve the right to reject jewelry rental services to individuals, who do not meet the minimum merit of good credit qualifications and/or do not pass background and identity verification.

Opening a fraudulent user account by using fictitious information or using another person's identity information is a crime. We reserve the right to report instances of fraudulent accounts to the proper authorities. A new user account may be flagged as a Fraud Risk if it contains a pending order that meets the following criteria: order shipping date is within the next (7) days, user cannot pass background verification check, additional background information is requested, and that additional information does not check out.

If a new user account is flagged as a Fraud Risk, and that account has a pending jewelry rental order within a period of (7) days or less of placing the order, we reserve the right to cancel the pending order and charge an Order Cancellation fee in the full amount of the rental fee.

A new user account that does not meet the minimum requirements of good credit will be denied jewelry services. If there is a pending order for that user, the order will be cancelled. Since each rental item is unique, reserving it and cancelling the reservation within a week time of rental period eliminates the item's availability to be rented by other customers. Therefore an Order Cancellation fee of $50 will be charged. The remaining amount will be credited back to the original payment method used to reserve that order.

II. USERS RENTING PRODUCTS

1. Event Date

The date submitted in Your order should be considered the day of delivery. It is your responsibility to make sure that you have enough time in advance for an event where You will use the Product(s) rented. We suggest that you set shipping date to receive the product so that it is at least two days before your Event Date. We are not liable for any damages that you may incur if you do not receive the Products on time for an event. Because of shipping times and limited weekend delivery options, all Product(s) will be shipped to arrive during the business week (Monday-Friday)

Late shipments from Vendors: in the event that a vendor's jewelry rental item is running late from a previous order, or if the jewelry item has been damaged and is in need of repair, a customer shall be offered a substitute jewelry similar in style, OR the jewelry shipping date shall be moved forward an additional one to two days, if that works for the customer. If the order arrival date is extended, the return date shall be extended as well by at least the same amount of time as the delay.

Jewelry Item sold or otherwise unavailable by Vendor: in the event the vendor has sold the jewelry before the rental period begins and has not updated their inventory records, the vendor can offer a substitute similar in style of at least the same or better grade/brand. If the customer cannot find a satisfactory substitute, Borrow Luxury will refund the customer's order in full.

1. Payment and Applicable Fees

We reserve the right to determine whether your credit card(s) is/are pre- authorized to accept a minimum charge equal to up to 25% of the value of each Product being rented. In the event we determine the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding items and/or that you provide a second valid credit card before continuing to use the Service.

1. Rental Fees:

An amount equal to the total rental price of the Product(s) will be charged to your credit card account at the time you submit your online reservation. Note that in case of order cancellation, a minimum of 20% of this payment is non-refundable. 

The rental fee for the Product(s) includes rental fee, and if applicable, any rush delivery charges listed on the Website in connection with your rental of the Products. Rental fees exclude all federal, state, and local taxes, all of which shall be paid by You directly or, if paid by the Company, shall be paid by You to the Company, in connection with Your rental.

1. Security Deposits

A Security Deposit of up to 20% of the retail value of the Product(s) rented will be reserved against Your credit card account. Your encrypted credit card information is stored in a digital vault via a secure third party. The Deposit will be released upon timely delivery of the Product(s) back to us, re- packed in the manner described below, and with no damages. In the event that damages are discovered by the receiving Borrow Luxury vendor, deposit amount will be applied towards covering the damages.

1. Late Fees

In the event you do not deliver the rented Product for return shipment by the required Return date, as stipulated below, late fees will be assessed in respect to the Product. The value of such fees is calculated in the following manner: 

One (1) Day Late - 20% of the weekly rental fee for that Product will be additionally charged to Your credit card; 

Two (2) to Three (3) Days Late - 50% of the weekly rental fee for that Product(s) will be additionally charged to Your credit card; 

Over (4) Days Late - 100% of the weekly rental fee for that Product(s) will be additionally charged to Your credit card; 

Note that the Late fees referred to above DO NOT constitute a penalty or punishment, as they are intended to compensate a loss on our behalf that is not subject to an accurate estimation due to the nature of the services provided.

1. Liquidated Damages

Please note that failure to return any Product(s) within five (5) days after the Return Date, regardless of the reason, will constitute grounds for charging Your credit card account for Liquidated Damages. They will be in an amount of 200% of the Retail Value, attributable to each Product, in addition to the rental fee. 

You are responsible for any loss, destruction or damage to the Product(s) due to theft, disappearance, fire, major stains, abnormal dirt or foreign substances on any part of the Product, missing stones, broken clasps, visible deep scratches, chips, tears or any other damages, other than normal wear and tear, for the occurrence of which Your credit card account may be charged up to 100% of the Retail Value, attributable to each Product, in addition to the Rental fee. 

For the purposes of the above, normal wear and tear encompasses minor scratches, minor dents, rhodium plate wear, minor bends in the structure of the jewelry, up to two (2) missing pave stones, or any other minor damage covered by the basic insurance included in the Rental fee. 

INSURANCE INFO: 

- A Basic insurance plan is included automatically with each order. Basic insurance coverage includes minor scratches, minor dents and chips on both metal and stones, up to two pave sized (melee size 1.6 mm and below) missing stones, jammed clasps, minor kinks on stiff chains, minor tear in filigree work if any, small partial tear on a chain etc. The damage degree will be assessed by a professional jeweler employed by Borrow Luxury. Basic insurance plan does NOT cover loss, theft or disappearance of jewelry while in customer's custody. Customer is solely responsible for any loss, theft or disappearance of rental jewelry during the rental period.

1. User Taxes

Applicable taxes imposed on us in connection with Your order will be added to the rental fee. You acknowledge and agree that all applicable use or other transaction taxes, imposed on You in connection with Your order, are solely Your responsibility to report to the respective authorities and pay within the applicable time limits.

1. Return Date

The Return Date is the last date of the rental period. After use, the Product(s) shall be put back in the respective jewelry box, then placed in the jewelry packer box, with attached prepaid label that is provided by Borrow Luxury in the package. The package may then be presented for shipment to a United States Post Office in Your area. You should not discuss the contents of the package with the personnel accepting the package for security reasons. It is important to request a receipt from the office for proof that You have assigned the delivery, as without the receipt You may be held responsible if we do not receive the Product back. The package must be stamp dated on the last date of the rental period. If the last date is on a Sunday, the package must be shipped the following Monday.

1. Shipping and Delivery
2. The Product(s) rented will be subject to 
   A Priority Mail or Express Mail shipping, proof of delivery signature required, from our facility to your designated point of delivery, and returned to our facility from the same area via Priority mail by using the enclosed returned label that we have provided in the package. You acknowledge and confirm that the address of delivery provided shall be deemed a Secure Shipping Address (SSA). SSA is defined as a location where a User can physically receive the Product(s), as Your signature is required for delivery/pick up. We prepay the to/ from shipping, including delivery insurance, and the cost is reflected in the amount charged to your credit card. You are therefore not required to purchase shipping insurance. We are NOT responsible for any address discrepancies due to omitted and/or wrong address details as entered by You in Your Borrow Luxury account, which may result in shipping delays, lost or misplaced shipment, or shipment being returned back to sender. Any refused or returned deliveries will be processed as a completed rental transaction, with all applicable fees assessed and charged to Your credit card account.
3. You will be notified via message to Your User Account about the projected delivery date within the same day the Product(s) have been shipped to Your SSA. If it is our fault that the Product(s) are not delivered on the first date of your rental period, you are entitled to reimbursement of the portion of the rental fee charged for that day via online store credit. The Security Deposit will be released as soon as we receive the Product(s) back.
4. We assign delivery of the Product(s) requested to a FedEX, USPS or UPS Office or representative in a manner that gives reasonable grounds to believe that they will be made available to You on Your Rental Date. Any late delivery or non-delivery will be deemed to be not our fault and we shall have no liability under this paragraph.
5. If You live in an apartment building, condominium complex, or any other residential building that utilizes a mail room and has a mail room attendant, a concierge, or any other building employee in charge of receiving residents’ mail, that person is authorized to sign and receive shipment on Your behalf as Your Agent. In case of mail room loss or theft of shipment, You are solely responsible for the Product(s) full market value.
6. You acknowledge and agree that due to the nature of the services we provide, even where Product(s) have been reserved, they might not be available for delivery. Any non-availability of requested Product(s) shall be deemed to be not our fault. We hereby undertake to contact You via message to Your User Account in the event a certain Product becomes unavailable due to inventory issues or other reasons. The message will also list at least one alternative Product, whose delivery to Your SSA will comply with the time frame stipulated herein. In the event You do not accept the proposed alternative Product and after discussion of other available items, You haven't found an acceptable alternative, all fees charged for that rental item will be refunded. Such refund reflects our liability under this paragraph in its entirety, and in no event will we be liable for any damages, including without limitation, direct, indirect, special or consequential damages.
7. In the event that customer fails to return outstanding rental Product(s), we reserve the right to charge customer's credit card the full market value of the outstanding jewelry Product(s). See section II/9/c for more details on Late Fees.
8. Maintenance and Care
9. Each jewelry product is thoroughly inspected, cleaned and packed as described above before being shipped to You. While in Your possession, we expect You to handle the Product(s) rented with the utmost of care and attention. We undertake to include any information in regards to special handling or care requirements, applicable to the Product(s) ordered, at the time of their Reservation. You are not to use any non approved cleaning agents and chemicals on the jewelry, since they may damage it. Please refer to the maintenance card attached with the jewelry box that you will receive with your order.
10. Based on the information for the materials used in each Product, You may wish to ensure in advance that they will not cause to the wearer any skin irritation or other physical reaction due to allergy or any other type of intolerance, as we may not be held liable for any injury, undesirable bodily reaction or any other type of ailment, resulting from wearing the Product(s) ordered.
11. For security reasons, while in your possession, the Product(s) rented may not be transported, either packed or worn, outside of the United States.
12. Cancellations

In the event You cancel an order in writing via Your User Account page more than two weeks ahead of the scheduled shipping date, 75% of the rental payment will be refunded in store credit, and the remaining portion will be charged as a restocking fee. If you cancel an order in the same manner less than two weeks but more than one week, 40% of the rental payment will be refunded in store credit. If you cancel an order less than one week ahead of the shipping date, there is no refund and only the Security Deposit portion of the payment will be refunded. Please bear in mind that once the Product(s) ordered are submitted to USPS or FedEx for shipment, it will be no longer possible to cancel Your order.

III. DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY

1. No Indirect Damages.

IN NO EVENT SHALL THE PLATFORM, ITS AFFILIATE, VENDORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PLATFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

1. Limited Direct Damages.

THE PLATFORM, ITS AFFILIATE, VENDORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS' AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.

1. Use of Results at Your Risk.

YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE/LENDING OF THE PRODUCTS VIA THE PLATFORM.

1. Indemnification

You agree to indemnify and holdBorrow Luxury, its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Platform and the Services in violation of this Agreement and/or arising from a breach by any of the foregoing of any of the terms and conditions thereof.

IV. COPYRIGHT AND TRADEMARK NOTICE

1. Intellectual Property

We own all proprietary content on the Platform. This includes but is not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, logos, titles, names, and button icons (collectively “Intellectual Property”). Our Intellectual Property is protected by copyright, trademark, patent, trade secret, and other laws of the United States, as they may be amended from time to time.

1. Severability

In the event any provision of this Agreement is held to be illegal, invalid, or unenforceable in any way, (i) the legality, validity and enforceability of the remainder of these Terms and Conditions shall not be affected thereby, (ii) said provision shall be modified to the minimum extent necessary to render it not illegal, invalid or unenforceable, and (iii) these Terms and Conditions shall continue in full force and effect as modified and shall be enforced to the greatest extent permitted by applicable laws.

1. Indemnity

In addition to the indemnification obligations set forth in Section 16 above, You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, subcontractors, sponsors, and enterprise partners for any loss, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or relating to (i) any intentional or willful violation by You of any rights of another or harm to another caused by You or any Product(s) You make available through the Website, (ii) any inaccurate or untruthful User information or other content, provided by You or made available by third parties through the Website.

1. Termination

We may terminate Your account and/or membership at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. In the event that Your access is suspended due to the breach of this Agreement, you acknowledge and agree that any fee(s) that You have paid will not be refunded.

1. Notices

All notices and communications required to be made pursuant to this Agreement shall be sent to You by e-mail (the most current e-mail address associated with your account), postage prepaid (most current SSA associated with Your account) and/or via Your User Account page on our Website.

For notices and communications directed to Borrow Luxury, please use the following email address: info@BorrowLuxury.com or the Contact Form.

1. Choice of Law and Venue

The validity of this Agreement, and its construction, interpretation, and enforcement, shall be determined under, governed by, and construed in accordance with the internal laws of the state of Connecticut. You hereby agree that all actions or proceedings arising in connection with this Agreement shall be tried and determined only in the state courts located in the County of Fairfield, state of Connecticut, or, at the sole option of Borrow Luxury, in any other court in which Borrow Luxury shall initiate legal or equitable proceedings and which has subject matter jurisdiction over the matter in disagreement. You hereby expressly waive any right You may have to object to venue to the extent any proceeding is brought in accordance with this Section of this Agreement.

1. General Conditions

This Agreement contains the entire agreement between you and the Company regarding the use of the Website/Platform and any Product(s) or service(s) obtained through such use. Unless otherwise explicitly stated, the terms and conditions included herein shall survive termination of Your account with the Website/Platform or any other type of relationship established with the Company for the purposes of renting/lending items to third parties. In addition to the provisions contained in Section 9 above, if any provision of this Agreement is modified, this shall not affect the enforceability of the remainder of the Agreement.

V. USE OF BRANDS

In order to properly provide our services and help our clients quickly find exactly what they are looking for, we use the brand names and logos of the jewelry listed. Please bear in mind that this particular use is for informational purposes only. By using our Platform, You acknowledge and agree that in respect of the jewelry listed, Borrow Luxury itself is NOT any of the following: the direct distributor, licensed importer, or authorized vendor, or a producer of any of the latter.

In addition, use of any brand on the list of available items for informational purposes shall not be deemed to constitute any form of endorsement, advertisement or any other form, which might constitute breach of the applicable intellectual property laws and regulations.

VI. PRODUCTS AUTHENTICITY

Borrow Luxury offers its platform to vendors who are established professionals in the jewelry industry who have demonstrated consistent compliance with ethical practices applicable to the industry. In addition, these vendors are subject to verification that the jewelry they offer for Rent is from authentic brands and is ethically sourced, to the best of their professional knowledge, manufacturer's information, and source of origin. All the listed jewelry for Rent is made with genuine gemstones and precious metals.

 At Borrow Luxury, we provide estimated carat weights for diamonds and gemstones featured in our rental collection. This estimation is necessary because the only accurate way to measure a gemstone’s true carat weight is by removing it from its setting and placing it on a scale.

Since we source a majority of our inventory through trusted third-party vendors, we do not have permission to alter or unset their pieces for precise weighing. To ensure transparency, we provide a carat weight range within a ten-point variance. However, please note that actual carat weight may vary beyond this range due to factors such as stone shape, depth, and setting style.

By renting from Borrow Luxury, you acknowledge and accept these estimations as part of our commitment to providing high-quality, authenticated luxury jewelry while respecting our vendors’ original designs.

JEWELRY RENTAL AGREEMENT 

This JEWELRY RENTAL AGREEMENT (this “Agreement”) is entered into by and between the undersigned

individual (“Renter,” “you”, or “your”) and BORROW LUXURY, INC. (“Borrow Luxury”, “we”, “us”, or “our”), as of

the date of your signature below.

1. Jewelry Rental Service; Terms. This Agreement describes the terms and conditions by which you may

elect to rent (the “Service”) eligible jewelry and accessories (the “Jewelry Item(s)”) from us. ALL JEWELRY ITEMS

MAY BE MADE AVAILABLE BY BORROW LUXURY FROM TIME TO TIME IN ITS SOLE DISCRETION,

AND THE OWNERSHIP OF THE JEWELRY ITEM(S) REMAINS WITH BORROW LUXURY AT ALL TIMES.

By using the Service, you acknowledge that you have read, understood, and agreed to be bound by this Agreement, and

other content and agreements governing your use of the Service, including, but not limited to, the Borrow Luxury Terms

and Conditions available at Borrowluxury.com, and the Borrow Luxury Privacy Policy available at Borrowluxury.com.

2. Eligibility; Communications. By signing below, you represent, warrant, and agree as follows: (a) you are

eighteen (18) years or older and reside in the United States; (b) you agree to receive all communications related to the

Service and this Agreement electronically via email or via phone call or text message at the phone number provided when

you enroll in the Service, provided that you understand that you are not required to consent to receive these communications

as a condition of using the Service; (c) you consent to receive emails at the provided email address, so such emails will not

be considered spam or unauthorized by any local, state or federal law or regulation; (d) you agree that the consents described

herein shall remain valid and in effect until you revoke them by opting out through the links provided in the messages to

opt-out; and (e) you agree to keep your email address and phone number updated at all times and agree that you will be

deemed to have received any notices sent to that email address or phone number. Borrow Luxury reserves the right to

perform all background and credit checks and the right to refuse rentals to anyone, in Borrow Luxury’s sole discretion.

3. Rental Period. For all initial Jewelry Item rentals, the term of the rental shall be the period of time set forth

on Schedule 1 attached hereto (the “Rental Period”). The Rental Period begins on the date specified during checkout for

the Delivery Jewelry Item(s) (the “Delivery Day”), regardless of whether you pick up the Jewelry Item after the specified

Delivery Day. On or before the last day of the Rental Period (the “Return Date”), you or a designee must place the Jewelry

Item(s) in the mail to Borrow Luxury via the provided return box and prepaid return label.

4. Rental Fees. A valid credit card (a “Card”) is required for the Service, the details of which must be filled

out on your separate inquiry form, including your billing address and employer. You may not use prepaid debit cards for

the Service. Each Jewelry Item(s) will have a rental fee for the Rental Period (the “Rental Fee”) in the amount set forth on

Schedule 1. On the day you reserve the rental Jewelry Item(s), you will be charged the full amount of the Rental Fee, plus

damages hold (the “Damages Hold”) in the amount set forth on Schedule 1, to your Card. Any applicable sale, use, or

other transaction taxes are solely your responsibility to pay and will be charged to your Card with the Rental Fee. Additional

cancellation and late fees apply as outlined herein. BY PROVIDING US WITH YOUR CARD INFORMATION, YOU

AUTHORIZE US TO CHARGE YOUR CARD ALL FEES OR OTHER CHARGES AUTHORIZED IN THIS

AGREEMENT OR ASSOCIATED WITH THE SERVICE WITHOUT ADDITIONAL AUTHORIZATION FROM YOU,

INCLUDING, BUT NOT LIMITED TO, LATE FEES. If you do not pay the full amount owed to us at the time payment

is due, then we may institute collections proceedings. You agree to pay our costs of collection, including, without limitation,

reasonable attorneys’ fees, investigators, filing and court costs. It is your responsibility to report any defects or issues within

one (1) business day of Delivery Day or be Consumer will be responsible for such issues, defects, or blemishes.

5. Cancellation. Cancellations may be made by calling or contacting Borrow Luxury via its website. You

may cancel at any time more than seven (7) days prior to the Delivery Day and no fees will be assessed. If you cancel seven

(7) days or less from the Delivery Day, you agree to pay a cancellation fee equal to fifty percent (50%) of the Rental Fee to

cover costs and lost Rental Fees associated with the reservation.

6. Failure to Return. If you do not return the Jewelry Item(s) on the Return Date, we may charge you a late

fee equal to the full amount of the Rental Fee each day the Jewelry Item(s) is late to cover the costs associated with your

failure to return the Jewelry Item(s) on time. Further, if you do not return the Jewelry Item(s) within seven (7) days of the

Return Date, you will be charged the full MSRP of the Jewelry Item(s) less the original Rental Fee previously charged to

2

you, plus 5% compounding interest on the total MSRP for each week the Jewelry Item was not returned, or the applicable

interest rate per the limitations in Consumer’s state of residence, whichever is higher.

7. Care of Jewelry Item(s). While in your possession, you shall handle the Jewelry Item(s) with the utmost

care and keep the Jewelry Item(s) in your possession and under your control, and shall not allow any third party to possess,

wear, or use the Jewelry Item(s) without our prior written consent. YOU ARE RESPONSIBLE FOR ANY AND ALL

LOSS, DESTRUCTION, OR DAMAGE OF THE JEWELRY ITEM(S) OTHER THAN NORMAL WEAR AND

TEAR DURING THE RENTAL PERIOD. As used herein, “normal wear and tear” means minor, removable dirt or

debris, or any other wear and tear that we determine, in our sole and absolute discretion, can be cleaned or removed with

normal cleaning practices. If you return the Jewelry Item(s) damaged beyond normal wear and tear, you agree that we may

charge your Card for the lesser of (a) of the cost of repair and cleaning to restore the Jewelry Item(s) to its original condition,

or (b) the current MSRP of the Jewelry Item(s). The amount charged shall be determined in our sole discretion based on our

assessment of damage. You shall not alter or otherwise modify in any way the Jewelry Item(s) including, but not limited

to, removing or replacing any stone (e.g., any diamond or gemstone), link, or other element of the Jewelry Item(s). In the

event you alter or otherwise modify a Jewelry Item, we will charge you the MSRP of the Jewelry Item(s). Renter assumes

full responsibility for damage, loss or destruction of the rentals or Jewelry Items from the date of delivery until returned and

assumes full responsibility for and indemnifies Borrow Luxury against and will hold it harmless from any and all loss,

liability, damage and expenses in connection with any injury to person or property arising from or in connection with the

use or operation of the Jewelry Items. The Jewelry Items shall at all times, remain and be the sole and exclusive personal

property of Borrow Luxury and Renter shall have only the right to possession and use of the Jewelry Items under the terms

of this Agreement. It is specifically understood by and between the parties that Renter shall acquire no equity in or right of

ownership to the Jewelry Items and shall have no rights of any description other than those specifically granted in this

agreement. No other person or entity may service the Jewelry Items without written consent of Borrow Luxury. Consumer

may purchase additional insurance at time of checkout for rental.

8. Default. We reserve the right to terminate your right to rent the Jewelry Item(s) from us in the future at any

time in the event of your breach of this Agreement or for any other reason in our sole discretion. Default may result in

being charged the entire MSRP value, plus any incidental or other damages and you expressly agree to this. Default may

occur due to: renting or selling to third parties; possession by third parties; marketing or using for value; destruction,

damages, or defects; late returns; or direct communication with vendors or suppliers.

9. Unavailability. Borrow Luxury will use best efforts to contact you if your Jewelry Item(s) will not be

available at the start of the Rental Period due to unforeseen issues with inventory availability or any other reasons.

Alternative Jewelry Item(s) will be discussed with you at that time and any fees previously paid by you will be refunded if

no acceptable alternative solution is identified. Except for the return of any Rental Fees you paid to us that are associated

with the unavailable Jewelry Item(s), we will have no liability to you in the event that items are unavailable, even if you

have reserved them.

10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES,

SUPPLIERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS,

EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “BL PARTIES”) BE LIABLE TO

YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR

CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING UNDER THIS AGREEMENT, THE SERVICE,

OR JEWELRY ITEM(S), EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND

NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ADDITIONALLY,

IN NO EVENT SHALL OUR LIABILITY TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY EXCEED THE

AMOUNT OF RENTAL FEE ACTUALLY PAID BY YOU PURSUANT TO THIS AGREEMENT.

11. Indemnification. You agree to indemnify, defend, and hold the BL Parties harmless from and against any

and all third party claims, liabilities, damages, losses, and expenses, including, without limitation, taxes, reasonable fees,

and costs for attorneys and investigations arising out of, based on, or in connection with your breach of this Agreement, or

your access to or other use of any Jewelry Item(s).

12. Disclaimer. OTHER THAN AS EXPRESSLY STATED HEREIN, BORROW LUXURY MAKES

NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY,

3

AND ALL OTHER WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-

INFRINGEMENT, AND ANY WARRANTIES OTHERWISE IMPLIED BY A COURSE OF DEALING OR

PERFORMANCE OR USAGE OF TRADE, ARE HEREBY DISCLAIMED AND EXCLUDED TO THE FULLEST

EXTENT NOT PROHIBITED BY APPLICABLE LAW.

13. Binding on Future Services. This Agreement shall be binding on the parties with respect to any Jewelry

Item(s) rented by you from us in the future, even if no new agreement is signed. It is your responsibility to update any Card

or contact information from time to time in the event you rent Jewelry Item(s) from us in the future.

14. Legal Advice. By signing below, you acknowledge that you have been advised to seek independent legal

counsel for advice regarding the effect of the provisions of this Agreement and have either obtained such advice of

independent legal counsel or have voluntarily and without compulsion, coercion, or duress elected to enter into and be bound

by the terms of this Agreement without such advice of independent legal counsel.

15. Force Majeure. Borrow Luxury shall not be liable or responsible to Renter, nor be deemed to have

defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement,

if such failure or delay is caused by or results from acts beyond Borrow Luxury’s control, including: (a) acts of nature; (b)

flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts,

riot or other civil unrest; (d) requirements of Law; (e) actions, embargoes or blockades in effect on or after the date of this

Agreement; (f) action by any governmental authority (whether or not having the effect of law); (g) national or regional

emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) shortages of or delays in receiving

raw materials; or (j) shortage of adequate power or transportation facilities (each, a “Force Majeure Event”).

16. Legal. The terms of this Agreement shall not be modified, except by written instrument by checking the

box you authorized this agreement. This Agreement shall be governed by and interpreted under the laws of the State of

Tennessee. The parties hereto agree on behalf of themselves and their representatives, to irrevocably and unconditionally

submit to the exclusive jurisdiction of the state and federal courts located in Hamilton County, Tennessee to resolve any

disputes relating to this Agreement and waive any right to move or dismiss or transfer any such action brought in such court

on the basis of any objection to personal jurisdiction or venue. TO THE MAXIMUM EXTENT IT MAY LEGALLY

DO SO, EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND,

ACTION, CAUSE OF ACTION OR PROCEEDING ARISING UNDER OR WITH RESPECT TO THIS

AGREEMENT OR IN ANY WAY CONNECTED WITH OR RELATED TO OR INCIDENTAL TO THE

DEALINGS OF THE PARTIES HERETO WITH RESPECT TO THIS AGREEMENT OR THE TRANSACTIONS

RELATED HERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING AND

IRRESPECTIVE OF WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.

17. Miscellaneous. This Agreement may be executed in one or more counterparts, each of which shall be

deemed an original but all of which together shall constitute one and the same instrument. This Agreement may not be

assigned or transferred in whole or in part by either party without the prior written consent of the other party. This Agreement

will be binding upon and inure to the benefit of the parties. If any portion or provision of this Agreement is determined by

a court of competent jurisdiction to be invalid or unenforceable, The parties agree that said portion or provision of the

Agreement shall be severable, and that the remaining provisions of the Agreement shall continue in full force and effect.

Failure of either party to insist upon performance under this Agreement or to exercise any right of privilege arising hereunder

will not be a waiver of any rights or privileges herein. This Agreement is not intended by the parties to constitute or create

a joint venture, pooling arrangement, partnership, or formal business organization of any kind, and the rights and obligations

of the parties shall be only those expressly set forth herein. Neither party shall have the authority to bind the other except to

the extent authorized herein. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement,

Borrow Luxury shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other

relief to which such party may be entitled. This Agreement benefits solely the parties to this Agreement and their respective

permitted successors and permitted assigns and nothing in this Agreement, express or implied, confers on any other person

any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.