READ THESE RENTAL TERMS & CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND INCLUDE A MANDATORY ARBITRATION PROVISION, WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. THIS MEANS THAT, UNDER CERTAIN CIRCUMSTANCES, YOU AND ZALES, ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH BELOW.
These Rental Terms and Conditions (the “Agreement”) between you (“Renter”, “you”, or “your”) and Zale Delaware, Inc. (“Zales®”, “we”, “us”, or “our”) describe the terms and conditions by which you may elect to rent eligible jewelry and accessories (the “Jewelry Item(s)”) in an eligible Zales® store (the “Service”). THE SERVICE OFFERS YOU THE ABILITY TO RENT CERTAIN JEWELERY ITEMS THAT MAY BE MADE AVAILABLE BY ZALES® FROM TIME TO TIME IN ITS SOLE DISCRETION. THE OWNERSHIP OF THE JEWELRY ITEM(S) REMAINS WITH ZALES® 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 the Zales® Terms of Use available here and The Zales® Privacy Policy available here.
ELIGIBILITY: You must be eighteen (18) years or older and reside in the United States to enter into this Agreement and use the Services.
COMMUNICATIONS: 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. By providing your phone number at enrollment, you are providing express written consent that Zales® may deliver calls or text messages to you, including for marketing purposes if you so elect, using an automatic telephone dialing system or an artificial or prerecorded voice to the phone number you have provided. You understand that you are providing this consent to receive such telephone calls even if your telephone number is currently listed on any federal, state, local, internal, or corporate Do-Not-Call (“DNC”) Lists. You understand that you are not required to consent to receive these communications as a condition of using the Service.
You also 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. 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. 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.
RENTAL PERIOD: For all initial Jewelry Item rentals, the term of the rental is fourteen (14) days (the “Rental Period”). The Rental Period begins on the date specified during checkout to pick-up the Jewelry Item(s) (the “Pick-Up Day”), regardless of whether you pick up the Jewelry Item after the specified Pick-Up Day. Upon the fourteenth (14th) day of the Rental Period (the “Return Date”), you or a designee must return the Jewelry Item(s) to the Zales® location where you picked up the Jewelry Item(s). You must return the Jewelry Item(s) to the same Zales® location where you picked up.
RENTAL FEE: A valid credit card (“Card”) is required for the Service. You may not use prepaid debit cards or the Zales® Diamond Card for the Services. Each Jewelry Item(s) will have a rental fee (the “Rental Fee”) that is fIve percent (5%) of the then-current price of the Jewelry Item(s) as set forth at checkout (“Current Price”). On the day you reserve the rental Jewelry Item(s), you will be charged half of the Rental Fee (two and a half percent (2.5%) of the Current Price), to your Card. On the Pick-Up Day, you will be charged the second half of the Rental Fee.
Any applicable sale, use, or other transaction taxes are solely your responsibility to pay and will be charged to your Card. Additional cancellation and late fees apply as outlined below. 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.
CANCELLATION: Cancellations can be made in person or by contacting the same Zales® store where you reserved the rental Jewelry Item(s). You can cancel at any time more than nine (9) days before your Pick-Up Day and no fees will be assessed. If you cancel nine (9) days or less from your Pick-Up Day, you agree to pay a $15 cancellation fee to cover costs associated with the reservation.
FAILURE TO RETURN JEWELRY ITEM(S): If you do not return the Jewelry Item(s) on the Return Date, we may charge you a Late Fee to cover the costs associated with your failure to return the Item(s) on time. If you do not return the Jewelry Item(s) within seven (7) days of the Return Date, you will be charged the full Current Price minus the Rental Fee of the unreturned Jewelry Item(s).
COLLECTIONS: If You do not pay the full amount owed to us, then we may need to institute collections proceedings. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees.
CARE OF THE 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.
Our Rental Fee assumes a normal amount of wear and tear that may occur with the use of the Jewelry Item(s). YOU ARE RESPONSIBLE FOR LOSS, DESTRUCTION, EXCESSIVE FILTH, OR DAMAGE OF THE JEWELRY ITEM(S) OTHER THAN NORMAL WEAR AND TEAR Normal wear and tear means minor scuffs, scratches, removable dirt or debris, or any other wear and tear that we determine can be cleaned or removed with normal cleaning practices. If you return the Jewelry Item(s) excessively filthy or damaged beyond normal wear and tear, you agree that we may charge your Card the lesser of the cost of repair/cleaning to restore the Jewelry Item(s) to its original condition or the Current Price of the Jewelry Item(s). The amount charged is left to our sole discretion based on our assessment of the excessive filth or damage.
REMOVAL: We reserve the right to terminate your right to rent the Jewelry Item(s) from us at any time in the event of your breach of this Agreement or for any other reason in our discretion.
ALTERATIONS TO JEWELRY ITEM(S) PROHIBITED: 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 Current Price of the Jewelry Item(s).
UNAVAILABILITY OF JEWELRY ITEM(S): Zales® will endeavor to contact you if your Jewelry Item(s) will not be available due to unforeseen issues with inventory availability or other reasons. Alternative pieces will be discussed with you at that time and all your fees 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.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS (EACH A “SIGNET PARTY” OR COLLECTIVELY, “SIGNET PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES RESULTING FROM ACCESS TO OR OTHER USE OF THE SERVICES 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. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. In such case, the aggregate liability of the Signet Parties shall be limited to the lesser of (i) one hundred dollars ($100.00), or (ii) the amount of the Rental Fee paid by you for the Service or Jewelry Item(s) giving rise to the claim.
INDEMNIFICATION: You agree to indemnify, defend, and hold each Signet Party 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 failure to pay applicable taxes, breach of this Agreement, or your access to or other use of any Jewelry Item(s).
DISPUTE RESOLUTION: THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
If you and the Company have a Dispute (defined below), and our customer service team is unable to resolve your concern, you and the Company agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. If you intend to initiate an arbitration proceeding, you must first send a verified notice (the “Notice”) to the Company that describes the Dispute. The Notice must include your name and contact information (address, telephone number, and email address), and a detailed description of (1) the Dispute, (2) the nature and basis of your claims, and (3) the nature and basis of the relief sought, with a detailed calculation. The Notice shall be sent by email to: legal@signetjewelers.com or by mail to: Zale Delaware, Inc., ATTN: General Counsel – Legal, 375 Ghent Road, Akron, OH 44333. You must personally sign the Notice. If requested by the Company, you must personally appear at and participate in a telephone settlement conference (if you are represented by counsel, your counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you or the Company may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such sufficiency may be decided by a court of competent jurisdiction at either party's election, and any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.
If we are unable to resolve the Dispute through the mandatory informal dispute resolution process, you unconditionally agree that, except as set forth below, all claims, controversies, or disputes at law or equity between you and the Company that may arise relating in any way to this or previous versions of these Terms of Use, your use of the Website, or to any products or services sold or distributed by us or through the Website whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”) will be resolved by individual, binding arbitration, rather than in court. The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. This arbitration provision shall survive termination of this agreement. BY AGREEING TO THESE TERMS OF USE, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH THE COMPANY IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non- representative) case. This Dispute Resolution section evidences a transaction in interstate commerce and the Federal Arbitration Act applies to the interpretation and enforcement of this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), in favor or against only the parties to the arbitration and only to the extent necessary to provide the relief warranted by the party’s individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Term of Use as a court would. The arbitrator may not consider any prior settlement offers in making the decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals.
You and the Company agree that the arbitration will be administered by the American Arbitration Association (“AAA”), adr.org in accordance with its rules, as modified herein. (If the AAA is unavailable or unwilling to administer arbitrations consistent with this Dispute Resolution section, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this Dispute Resolution section. If the parties cannot agree on a provider, one shall be selected by the court that will administer arbitrations consistent with this Dispute Resolution section.). To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: Zale Delaware, Inc., ATTN: General Counsel – Legal, 375 Ghent Road, Akron, OH 44333 by certified mail, and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration. Notwithstanding anything to the contrary, the Company will pay all fees and costs that it is required by law to pay.
The arbitration hearing may be held in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. You and the Company may also agree to have the arbitration conducted by telephone or based solely on written submissions. If requested, you shall personally appear (with your counsel if you have one) at an initial telephone conference with a case manager before an arbitrator is appointed.
Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable consumer rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Company customers, but is bound by rulings in prior arbitrations involving the same Company customer to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator's award may be entered in any court having jurisdiction.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. Unless both you and Company agree otherwise, a Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, no arbitration or proceeding will be combined with another and the arbitrator may not adjudicate or determine any form of a representative, class, consolidated, collective, or private attorney general proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Company customers.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION BOTH YOU AND COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section, the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more similar claims are asserted against the Company by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Company shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process, which shall be completed within 180 days from the selection of cases. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, and the parties are unable to informally resolve the remaining claims, they shall participate in a global mediation session with a retired federal or state court judge in an effort to resolve the remaining claims, and the Company shall pay the mediator’s fee.
If the parties are unable to resolve the remaining claims after completion of the mediation, the parties will continue to engage in staged sets of proceedings as described above, unless the parties agree otherwise, with four differences: (1) a total of at least 100 cases may be filed in the second and later stages (which can be increased by agreement of counsel for the parties); (2) the cases will be randomly selected; (3) arbitrators who decided cases in the first stage may be appointed in later stages if different arbitrators are not available; and (4) subsequent global mediation sessions between sets of proceedings is optional at the election of counsel for the claimants. Counsel for the parties will meet and confer throughout this process in an effort to informally resolve the remaining claims, streamline procedures, address the informal exchange of information, modify the number of claims to be adjudicated in any given set of staged proceedings, and ensure the process remains fair and efficient for all parties. In each set of staged proceedings, the remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case.
To the extent you have provided Notice of a Dispute, the statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved.
A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against the Company. In the event a court of competent jurisdiction determines that any provision regarding Special Additional Procedures for Mass Arbitration is not enforceable, then the claims may be filed in arbitration and the payment of AAA filing, administration, case-management, hearing, and arbitrator fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated. You and we also agree that should the staging process in this subsection be deemed not enforceable as set forth above, your counsel and our counsel will work together in good faith, including with the assistance of a process arbitrator, to develop streamlined procedures for the adjudication of claims to reduce the costs and maximize the efficiency of arbitration.
Future Changes to Dispute Resolution Section: Notwithstanding any provision to the contrary, we agree that if the Company makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending us written notice within thirty (30) days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.
SEVERABILITY: In the event any provision of this Agreement is held to be illegal, invalid or unenforceable to any extent, (i) the legality, validity and enforceability of the remainder of the Agreement shall not be affected thereby, (ii) said provision shall be modified by the court to the minimum extent necessary to render it not illegal, invalid or unenforceable, and (iii) this Agreement shall continue in full force and effect as modified and shall be enforced to the greatest extent permitted by law.
GOVERNING LAW; VENUE; CONSENT TO JURISDICTION: This Agreement shall be governed by and construed in accordance with the laws of the State in which the Zales® store where the Services were provided is without regard to the principles of conflicts of law. The parties agree that any dispute concerning this Agreement shall be brought in a Court of competent jurisdiction in the State in which the Zales® store where the Services were provided is. Each party to this Agreement waives any right to claim that any such court is an inconvenient forum or any similar defense.
MISCELLANEOUS: This Agreement may not be assigned, delegated, or transferred in any manner by you without prior written consent of us in our sole discretion. This Agreement constitutes the entire Agreement between Zales® and Renter.