Terms & Conditions
Yummy Bumps & Tots provides a large inventory of clean, exclusive, and previously worn maternity gowns for your use (the “Gown”). Use of any rental services, Gown or information offered by Yummy Bumps & Tots (the “Services”), is governed by the following terms (the “Agreement”). By using the Services, you (‘you” or “Renter”) consent to be bound by the Agreement and acknowledge your agreement to its terms. If you do not agree to be bound by this Agreement, you may not use the Services. All use by you of the Services is governed by this Agreement.
Please read the Agreement carefully, because it is a legal contract and imposes obligations on you as a user of the Services.
BEFORE CLICKING ON THE “I ACCEPT” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING THE “I ACCEPT” BOX, YOU WILL BE BOUND BY THIS AGREEMENT, AND YOU SIGNIFY YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE THAT YOU ARE EITHER EIGHTEEN YEARS OF AGE OR HAVE THE INVOLVEMENT AND APPROVAL OF YOUR PARENT OR LEGAL GUARDIAN. BY CLICKING THE “I ACCEPT” BOX, YOU FURTHER AGREE THAT YOU HAVE OR WILL REVIEW AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE SERVICES.
ARTICLE 2: RENTAL
You agree that you are renting the Gown and that Yummy Bumps & Tots retains all ownership in the Gown. You agree to pay the rental fee set forth on the website and other fees, damages, and costs including but not limited to late fees or liquidated damages. Total paid at Checkout include return shipping for rentals. Fee charged on your invoice at the time of the rental reservation for the rental amount, delivery charges, and refundable deposit on the website. Cancellations under any circumstance will be charged at 50% of the rental fee when made two weeks prior to the event date, anything less than two weeks will be charged at 75% of the rental fee (exclusive of shipping and other costs). Bookings that are cancelled on the week of the event date will only be refunded extra fees (Refundable deposit and shipping costs).
It is your responsibility to inspect the Gown upon delivery and confirm that you received the Gown you ordered. In the event you receive a Gown that is not the Gown you ordered or have identified a quality issue; you must contact Yummy Bumps & Tots immediately [within 2 hours from the time of delivery] and await a confirmation from one of our customer service representatives. Images of the unworn garment and or quality issues must be emailed to yummybumpsza@gmail.com within 2 hours of delivery. If the timeframe passes the 2-hour period after receiving the gown, there is no way for us to determine or identify if the quality issue was there prior to shipment. Once confirmed the incorrect garment was shipped, Yummy Bumps & Tots will ship you your reserved garment if available or one similar if it is no longer available.
Cancellations, date changes and garment changes under any circumstance will be charged at 50% of [original] Rental fee*, from 24hrs after confirming the booking to 1 just before 1 week, and at 75% 1 week or less before event date.
Upon delivery, use of the Gown is at Renter’s risk. Renter assumes sole responsibility for the Gown while in Renter’s possession upon tracking stating delivered by shipping carrier. Renter shall be liable for any loss, theft, damage, staining or destruction of the Gown while in possession of the Gown in addition to any charges incurred for the rental of the Gown. Renter must return all rented Gowns in the condition in which it was delivered to Renter. Should organic debris be found on the dress, excessive cleaning fee of R300 will be applied. If there is a spill and stain, please do your best to stop the stains from setting. Small rips or other minor repairs will be charged a repair fee if reparable and not in a noticeable section of the dress, repair fees will be determined by the tailor. All garments used in water to be airdried to prevent mold damage to the gown. You agree to allow Yummy Bumps & Tots to use your refundable deposit at the time of booking to cover any repairs, damages, and/or late fees associated with your rental of the Gown at the time of the return of the Gown. If the Gown you rented is returned in a timely manner and there is no cause for further charges as set forth in this Agreement, Yummy Bumps & Tots will not charge you beyond the amount collected at the time of the rental.
ARTICLE 3: RENTAL PROCESS
You will receive a clean, thoroughly inspected Gown from Yummy Bumps & Tots on the communicated delivery date. The Gowns are previously worn, and some signs of use should be expected. Upon receipt of the gown, you will need to inspect it and communicate any findings within 2 hours of taking possession of the gown(s).
Along with the Gown you will receive the return shipping label. It is your responsibility to hold on to this shipping label until it is time to return the Gown. The Gown is to be returned in the package it was delivered in, with the return shipping label placed on the package.
Our standard rental period is 3 days, and an extension of the rental period is charged at 30% of the [original] rental fee per day per rental item.
3.1 REFUNDABLE DEPOSIT
The refundable deposit is charged at 50% of the rental fee, which is paid when the Gown is returned in the condition it was received in, and collected on the communicated collection date. Refunds are processed within 48 – 72 hrs of receiving the Gown back from the client
ARTICLE 4: LATE FEES
We take pride in providing the best quality service to our customers which begins with an on-time delivery. When a gown is not returned on time by the customer it impacts us to fulfill our promises to our other customers which harms our business. We expect our customers to return the gowns on time by availing them for collection on the communicated collection date to ensure we can deliver to our future customers on time as well. Late fees are 45% of the [original] rental fee per day per rental item. Returns would need to be collected on the date communicated to you, please make sure there is someone at the collection address between 8am and 17:00pm to avoid any late fees. Please be advised as you are liable for any late fees incurred, regardless of any third party involved with the return.
ARTICLE 5: LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL YUMMY BUMPS & TOTS OR ITS EMPLOYEES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR MISUSE OF, OR THE INABILITY TO USE, THE CONTENT OR SERVICES, EVEN IF YUMMY BUMPS & TOTS OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL YUMMY BUMPS & TOTS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING UNDER OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE GOWN EXCEED THE AMOUNT PAID BY YOU TO YUMMY BUMPS & TOTS FOR THE GOWN. BY USING THE SERVICES, YOU AGREE THAT THE SERVICES, INCLUDING THE GOWNS, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED BY YUMMY BUMPS & TOTS AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ARTICLE 6: INDEMNIFICATION
Renter agrees to defend, indemnify and hold harmless Yummy Bumps & Tots and its owners, officers, shareholders, operators, agents and employees (each individually, an “Indemnitee”) from all actions, suits, claims, demands, and proceedings (“Claims”), and any judgments, damages, losses, debts, liabilities, penalties, fines, costs and expenses (including reasonable attorneys’ fees and costs of court) resulting therefrom whether arising out of contract, tort, strict liability, misrepresentation, violation of applicable law and/or any cause whatsoever brought or commenced by any person or entity against any Indemnitee for the recovery of damages for the injury, illness and/or death of any person, or loss or damage of property arising out of or alleged to have arisen out of the use of the Gown rented by Renter.
ARTICLE 7: MISCELLANEOUS
This Agreement contains the complete expression of the agreement between the parties with respect to the matters addressed herein and there are no promises, representations, or inducements except as herein provided. The terms and provisions of this Agreement may not be modified, supplemented, or amended by you. All terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by your successors and permitted assigns. No transfer of any right or interest of Renter under this Agreement, in whole or in part (whether voluntarily or by operation of law), directly, indirectly, or contingently, shall be permitted without the prior written consent of Renter. Yummy Bumps & Tots may assign this Agreement without the consent of Renter. Failure by either party hereto to enforce at any time or for any period any provision or right hereunder shall not constitute a waiver of such provision or of the right of such party thereafter to enforce every such provision. Yummy Bumps & Tots shall not be responsible for delay or failure in performance resulting from acts beyond its control. Such acts shall include, but not be limited to an act of God, an act of war, riot, an epidemic, fire, flood or other disaster, an act of government, or a strike or lockout. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Republic of South Africa, shall be the only proper place of venue for all suits arising from or related to this Agreement.
ARTICLE 8: PHOTOGRAPHERS DISCOUNT
PHOTOGRAPHERS ONLY
A discount of 15% on rentals is offered in exchange of 3 images and link/tags in at least one outlet of social media, earned from the 3rd booking.
A note regarding photographer’s professional website MUST be noted at checkout or the rental is subject to cancellation without notice. Three images are to be sent via Google Drive to yummypumsza@gmail.com within a two weeks’ time frame from date of gown return shipment.
When images are used in social media a link/tag must be made in at least one outlet of social media in the same two weeks’ time frame from rental return shipment.
Instagram @yummybumps_tots
If these requirements are not met, the renters deposit will be charged 15% the rental price of the gown per item, whichever is greater for the breach or photographers discount agreement.
ARTICLE 9: Refunds on Premium Sales
SALE ITEMS ARE NON-REFUNDABLE
If you receive the item and there is an issue with quality (i.e. Spots in the fabric or other damage missed in our quality inspection) you must notify us within 3 hours of receiving your order for it to be exchanged only – otherwise we cannot prove the damage was done prior to shipment. Please look over your items!
Damages to package in shipping: Sometimes packages are damaged in shipment. Please take photos of the package and the damages to the item so a claim may be filed with the shipping provider.
ARTICLE 10: BRAND AMBASSADOR AGREEMENT
Brand Ambassadors or clients booking/reserving the rental are responsible for returned photos to Yummy Bumps & Tots per agreement in contract or a non-submission photos penalty fee will apply which is the price of the rental and shipping. All Ambassadors are required to return at least five solo in use product shots per rental.
ARTICLE 11: Refunds or Exchanges on Retired Dresses
There is NO Refunds or Exchanges on ANY Retired Dresses from Yummy Bumps & Tots