Terms and Conditions
RENTAL POLICY: TERMS, CONDITIONS, LIABILITY
TERMS & CONDITIONS
By clicking the “I Accept” button, you, the Customer agree and acknowledge that Customer has read, understands, accepts full responsibility for and is bound by the terms and conditions contained in this Rental Agreement below.
All customers must make their reservations at ExperienceGear.com at least 3 full business days before their rental period, subject to certain holiday and blackout periods. Experience Gear reserves the right to cancel reservations in the event of shipping and/or inventory restrictions, in which case a full refund will be issued to the customer.
All Rentals will be delivered to the customer by the day before the the beginning of their rental date. All rentals must be returned to a UPS office by 3 pm day last day of their rental period.
Receiving Your Rental
Customers are responsible for inspecting their gear for quality and completeness upon receipt, and please let us know immediately if you have any questions or concerns. We highly recommend all customers try out and assemble their equipment before their trip.
Returning Your Rental
All orders must be shipped back to ExperienceGear by 3 pm the last day of their rental period day via your nearest UPS (or the next business day if UPS is closed on your last rental day). ExperienceGear will provide a shipping label and round-trip box with all orders, so make sure to save the container your gear came in. All gear must be returned to ExperienceGear by your last rental day undamaged, dry, and clean of major debris (e.g. leaves, mud, and grass).
Customer Responsibility to Care for Gear
Any damage in excess of regular wear and tear is the customer’s responsibility. The customer assumes full responsibility for care and use of equipment during the rental period, and is responsible for verifying quality and entirety of their equipment upon receipt. Any and all gear returned incomplete, late, damaged, or soiled will be subject to extra fees for retail replacement, cleaning, and/or repair. If applicable, these extra fees will be applied to the deposit or credit card on file.
Equipment Use and Information
It is the customer’s responsibility to know how to properly operate and use rented equipment, and the customer is responsible for reviewing all applicable manufacturer guidelines and warnings.
Indemnification and Release of Liability
The customer agrees to hereby waive and release all claims of negligence or strict liability arising out of use or misuse from equipment provided from Experience Gear LLC. The customer fully understands, recognize, and accepts that backpacking and camping can pose inherent risks and dangers such as the possibility of injury to the customer or others, damages to equipment, and even death. The customer agrees to release, hold harmless, and indemnify Experience Gear LLC, the makers of the equipment, and their owners, agents, and employees from any and all liability for damage and injury to the Customer or any other person or property resulting from negligence or the general use of Experience Gear equipment. Experience Gear provides no warranties, expressed or written.
Customers are entitled to a full refund if the items arrive either damaged or incomplete. Customers are responsible for verifying the contents and quality of their equipment upon arrival. To be eligible for a return, your item must be unused and in the same condition that you received it, and returned within 1 day of receipt via UPS. To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer.
Stuff happens! If you make your cancellation 1 week prior to your reservation, please let us know via email and a full refund will be issued. Experience Gear will offer a 50% refund for all cancellations between 4-6 days before your reservation. No refunds will be given for cancellations made less than 3 days prior to start of reservation, as the items may have already shipped to your destination and blacked out for other customers.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org.
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, events, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com or mailing us at:
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least 18, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Any dispute, controversy or claim arising out of or relating in any way to Experience Gear including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of these terms and conditions, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to Experience Gear, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
Consent to Personal Jurisdiction and Venue
The parties hereby consent to exclusive personal jurisdiction and exclusive venue for any and all disputes to be in and for Los Angeles, California, for any action between the Company and other party arising out of or in connection with this Agreement.
Waiver of Certain Damages
By accepting these terms and conditions the consenting party (which is not Experience Gear) hereby waives and agrees not to seek consequential or punitive damages with respect to any claim, controversy, or dispute arising out of or relating to this Agreement or the breach thereof.
Entire Agreement. This Agreement consisting of the refund policy, terms and conditions, and privacy statement represent the entire agreement between the parties relating to the subject matter hereof. This Agreement alone fully and completely expresses the agreement of the parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations or warranties, written oral, except as set forth herein. This Agreement may not be amended or modified, except by a written agreement signed by all parties hereto.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at firstname.lastname@example.org