FØERNI Furniture Rental

Terms and Conditions

Føerni Furniture Terms and Conditions

These terms and conditions for Paid Services (as defined below) (these “Paid Services Terms & Conditions”) govern the lease or purchase of furniture or other items from foerni.com (“Property”) and services, such as a delivery, installation, or pick-up, (“Services”) by a lessee or purchaser of such Property or Services (hereinafter referred to as “You” or “Your” from Føerni Limited. (“Føerni”, “we”, “our”, or “us”). Notwithstanding anything to the contrary in these Paid Services Terms & Conditions, if a furniture rental lease agreement (“Lease”) or other written agreement is entered into and signed by both parties covering the lease or purchase of the Property or Services, the terms and conditions of such Lease or written agreement will prevail to the extent such terms and conditions are inconsistent with these Paid Services Terms & Conditions.

Minimum Lease Duration
You must enter into a Lease for a minimum of three months to order Property and take advantage of the Services provided by Føerni, subject to the applicable fees and charges.

Ordering Property or Services
You may select Property and the related Services, if applicable, on foerni.com. Your selections will be detailed in an order confirmation email and/or on the final page of Your applicable Lease. Your commencement date and initial lease term for the Lease of such Property will be determined by You and Føerni prior to delivery.
In addition to selecting Property, the application to lease such Property may involve several steps, including: (i) providing certain personal details, such as your name, phone number, and address; (ii) answering several optional questions about yourself, such as your furniture budget and furniture preferences; (iii) providing payment information to our third-party payment processor (the “Payment Processor”), such as a direct debit information for an account with a financial institution or a credit card that You provide (Your “Billing Account”) for the purpose of future processing of any payments to us that you authorize, including but not limited to furniture rental, purchases, and related fees; (iv) electing to share certain personally identifiable information with third party websites, services, or applications for the purposes of running a credit check; (v) a brief phone interview with one of our team members; and (vi) entering into a Lease with Føerni, and agreeing to pay the applicable fees.

Fees & Charges
The applicable fees and charges for the Services are posted at how it works or provided during the Property ordering process and/or listed in Your Lease, in addition to the fees detailed in these Paid Services Terms and Conditions.
Total of Payments
The estimated total amount of payments You will have paid by the end of an initial lease term will be indicated in Your Lease, subject to any additional fees and charges described in these Paid Services Terms & Conditions or such Lease. Subsequent updates to the estimated total may be confirmed during the ordering process or via email for any Property changes.
The amount You will have paid by the end of Your lease term will be dependent on the length of such lease term and the Property included in the Lease during such lease term.

Billing and Payment
You agree to pay all fees and expenses set forth in your order confirmation and/or Your Lease in accordance with these Paid Services Terms & Conditions. Føerni uses a Payment Processor to bill You through Your Billing Account. You acknowledge and agree that any payment method and related billing and payment information that You provide to Føerni may be shared by Føerni with companies who work on Føerni’s behalf, such as Føerni’s Payment Processor and/or credit agencies, solely for the purposes of checking credit, processing payment to Føerni and servicing Your Lease. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Paid Services Terms & Conditions. Føerni is not responsible for any error by the Payment Processor. You agree to pay Føerni, through the Payment Processor, for all amounts provided at the prices then in effect in accordance with the applicable payment terms. You authorize Føerni, through the Payment Processor, to charge Your chosen payment provider and method (Your “Payment Method”). You agree to make payment using that selected Payment Method.
The terms of Your payment will be based on Your Payment Method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of Your chosen Payment Method. If Føerni, through the Payment Processor, does not receive payment from You, You agree to pay all amounts due on Your Billing Account upon demand, subject to any Late Payment Fees (defined below).
The payments under an applicable Lease consist of the monthly payments and other applicable fees & charges detailed in Your Lease and any additional fees or charges communicated to You by Føerni. You accept responsibility for all recurring charges prior to the termination or expiration of Your Lease. Føerni may submit the monthly rent charges without further authorization from You.
The amount due for Your initial Property and Services is due and payable on the order date listed on your Lease, and each subsequent monthly payment is due and payable on each monthly anniversary of the initial order date of such Property until the end of Your lease term, unless otherwise specified or if You cancel or modify Your Lease as described in such Lease.
You must provide current, complete and accurate information for Your Billing Account. You must promptly update all information to keep Your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and You must promptly notify Føerni or the Payment Processor if Your Payment Method is cancelled or if You become aware of a potential breach of security that may affect Your Billing Account or payment. Such information can be changed by calling Føerni’s general line at (347)352-8599. If You fail to provide any of the foregoing information, You agree that Føerni may continue charging You under Your Billing Account unless You have terminated these Paid Services Terms & Conditions or Your Lease.

Late Payment Fees
You will be charged a fee of HK$200.00 (unless restricted by law) for each month that Your monthly rent is not paid in full with Your Payment Method by the monthly payment date listed in your Lease (“Late Payment Fee”). Additionally, You will be subject to a monthly interest charge of 1.5% or the maximum rate permitted by applicable law, whichever is lower, on all balances that are more than 30 days past due. These fees and charges will be in addition to all other remedies available to Føerni in the event You fail to keep Your Billing Account current. Notwithstanding the foregoing, Føerni reserves the right to unilaterally amend the Late Payment Fee upon 60 days prior written notice to You.

Delivery and Pick-up
Føerni will deliver and pick-up the Property at the address specified above and on the mutually agreed date confirmed via electronic communications or phone call. You grant Føerni permission to enter and access Your premises for the purposes of delivering and assembly and picking up the Property and will provide Føerni with all necessary or desired assistance in connection with such access. You, or an adult (at least 18 years of age) on your behalf, must be present to sign for and acknowledge the delivery of any Property and the condition of such Property once it is assembled (if applicable) and placed in your residence. This signature confirms that you have received your Property delivery from Føerni and have inspected and acknowledge the condition of such Property upon delivery and assembly (if applicable). Føerni will have no liability for damages resulting from any delay in delivery or pick-up of the Property or as a result of or in connection with the delivery of such Property. The initial delivery and final pickup will be provided for HK$500/trip.

Additional Delivery Fee
If, through no fault of Føerni, an additional delivery must be made, such as when there are additions, deletions, or modifications to the Property, an additional delivery fee will be due and charged to Your Payment Method. Additional fees may apply, including but not limited to restocking, rescheduling or cancellation fees. Visit our FAQ for more information.
Property Additions, Returns, and Modifications
After the initial delivery, any additions, returns, or modifications to the Property will be confirmed in writing between You and Føerni and will be subject to the terms and conditions of these Paid Services Terms & Conditions or Your Lease. Any such additions, returns, or modifications may result in changes to Your monthly rent and/or delivery or pick-up fees.

Early Termination / Cancellation
You may cancel these Paid Services Terms & Conditions or Your Lease by reaching out to us at service@foerni.com. Early termination of these Paid Services Terms & Conditions or Your Lease within 3 business days after initial delivery will result in a HK$1,500.00 early termination fee (which includes the pick-up fee). The refund for an early termination of these Paid Services Terms & Conditions or Your Lease will be made to Your Payment Method. Cancellation of these Paid Services Terms & Conditions or Your Lease will result in a cancellation fee as detailed in this section or as otherwise listed on our FAQ. If You cancel these Paid Services Terms & Conditions or Your Lease before the 3-month minimum period, You must pay out the remainder of the 3 months prior to pick-up of the Property plus the cost of pick-up.

Termination, Returns, and Changing Products
At the end of the initial lease term, one of the following will occur: (a) You and Føerni can agree to renew the entire Lease or continue Your Lease on a month-to-month basis; (b) You may exchange the Products by contacting Your Account Manager, however, such new Products may result in changes to Your monthly rent and/or delivery or pick-up fees or other applicable fees; (c) You may elect to purchase the Products from Føerni in accordance with the applicable terms and conditions; or (d) You may return the Products. Note: If you elect to purchase the Products from Føerni, the amount paid for an individual product during Your Lease will be applied to the purchase of such individual product, including any amount paid or credited by Føerni in connection to such product through a valid discount code or customer service refund. The amount paid toward any individual product will not be applied to the purchase of a different individual product.
In order to arrange for the return of the Property, You must provide Føerni, by email to returns@foerni.com or by reaching out to Your Account Manager, with a minimum of 15-days’ notice in advance of the desired pick-up date. Failure to provide such notice may result in an additional charge equal to one month’s monthly rent. If You fail to arrange for the pick-up of the Property by the end of the lease term, Føerni reserves the right, as determined at Føerni’s sole discretion, to either (1) continue to charge You the applicable monthly subtotal; (2) charge You the retail price of the Product in addition to all other payments and charges due under these Paid Services Terms & Conditions or Your Lease; or (3) without prior notice to enter the premises where the Property is located and take immediate possession of the Property without the necessity of any legal or judicial process and You will reimburse Føerni for all expenses related to any reasonable effort to repossess the Property, including reasonable attorney’s fees.
Upon confirmed termination of these Paid Services Terms & Conditions or Your Lease, any overpayments will be credited to Your Payment Method. Your obligations to Føerni under these Paid Services Terms & Conditions or Your Lease, Limitation of Liability Section, Dispute Resolution and Arbitration Section, and Miscellaneous Section will survive any termination or expiration of these Paid Services Terms & Conditions or Your Lease.

Contact and Communications
You agree that Føerni, or its authorized third party service providers on Føerni’s behalf, may contact You using any telephone number(s) that You have provided, or that You provide in the future, or that is obtained from another source, even if the number is for a mobile telephone and using the number results in charges to You by Your mobile service provider. You also agree that Føerni, or its authorized third party service providers on Føerni’s behalf, may leave an auto dialed or prerecorded message or use other technology to make contact with You. You further agree that if You gave us a mobile phone number in your application, or if You later provide or provided a mobile phone number, or if a mobile phone number for You is obtained from another source, we may contact You by text message on that mobile phone regarding Your account, notwithstanding the fact that there is a possibility that a third party may see the text message to You. You represent that any mobile phone number You have provided or will provide is Your mobile phone number alone. You may cancel this consent by providing us with notice in writing. We reserve the right to access, read, preserve, record, and disclose any information or communications via phone, email, or text message as we reasonably believe is necessary to: satisfy any applicable law, enforce these Terms, enforce the terms of Your lease, respond to user support requests; or protect our, our users’ or the public’s rights, property or safety.

Responsibility for Maintaining the Property
Føerni inspects the Property prior to delivery in a manner designed to ensure that it is free of material defects or infestation. You acknowledge and agree that You will inspect the Property prior to taking possession and You will accept delivery of the Property only after You determine that the Property is in good condition. You are responsible for maintaining the Property in good condition, subject to ordinary wear and tear, and for any damage, loss, or destruction to the Property while in Your possession. Whether the Property is damaged, lost, or destroyed will be determined in Føerni’s sole and absolute discretion. In the event of any damage, loss, or destruction to the Property, Føerni will charge You its cost of replacing or repairing the Property, including materials, parts and labor, plus any applicable service fees. You will not remove any item of Property from the delivery address without Føerni’s prior written approval. If You fail to return the Property as required under these Paid Services Terms & Conditions or Your Lease, You will be liable to Føerni for an amount up to the retail price of the Property plus handling fees, in addition to all other payments and fees due under these Paid Services Terms & Conditions or Your Lease.
You agree to indemnify and defend Føerni and its officers, directors, employees and agents from any and all liabilities, claims, suits, losses, damages, costs, and expenses arising from any damage, loss, or destruction of the Property, including but not limited to damage, loss, or destruction due to a claim that the Property is infested with insects or that insect infestation in the Property caused personal injury, or any breach by You of this Lease. You hereby unconditionally release and discharge Føerni and its officers, directors, employees and agents (and each of their successors and assigns) from any and all claims, demands, or suits and any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and real or personal property damage, that is either directly or indirectly related to or arises from Your use of the Property, including, but not limited to as a result of insect infestation, personal injury caused by insects, or other damage or personal injury caused by the Property.

Disclaimer of Warranties
Føerni is not the manufacturer of the Property provided under these Paid Services Terms & Conditions or Your Lease. THE PROPERTY IS PROVIDED “AS IS”, “AS AVAILABLE” AND WITH ALL FAULTS. Føerni MAKES NO WARRANTY, EXPRESSED, IMPLIED, OR STATUTORY, WITH REGARD TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

No Assignment
These Paid Services Terms & Conditions, and Your rights and obligations under these Paid Services Terms & Conditions, may not be assigned by You in whole or in part, and no portion of the Property may be subleased to any third party, in each case without the prior express written consent of Føerni and any attempted assignment or sublease in violation of the foregoing will be null and void. These Paid Services Terms & Conditions, and any of Føerni’s rights and obligations under these Paid Services Terms & Conditions, including the right to receive payments from You, may be freely assigned by Føerni.

Title
It is understood that this transaction is a lease and not a conditional sale or financing agreement. Title and ownership to the Property will remain with Føerni, and You will not grant a security interest of any kind or dispose of any item of Property. You must keep the Property free and clear of all levies, attachments, liens, and encumbrances and must not in any way impair Føerni’s title in such Property. Føerni has the right, but not the obligation, to file a financing statement at any time to file notice of its ownership of the Property.

Default
Føerni may terminate these Paid Services Terms & Conditions or Your Lease at any time and repossess the Property without legal process, notice or demand if: (1) You violate any of the terms or conditions of these Paid Services Terms & Conditions or Your Lease and fail to cure such violation within 15 days of receiving notice of the violation; (2) You become insolvent or make any assignment for the benefit of Your creditors; or (3) any proceeding is instituted against You under bankruptcy or similar laws for the relief of debtors or a receiver is appointed for any of Your assets. Upon such termination, without notice or demand, You will become immediately liable to Føerni for all of Your obligations under these Paid Services Terms & Conditions or Your Lease, the termination fee and any costs, expenses and damages resulting from Your violation of any terms or conditions of these Paid Services Terms & Conditions or Your Lease, including but not limited to costs related to costs incurred by Føerni due to using a collection agency for any outstanding amounts. You will also be liable for all costs, including reasonable attorneys’ fees, which may be incurred by Føerni in enforcing these Paid Services Terms & Conditions or Your Lease.

Limitation of Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Føerni BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PROPERTY WHETHER OR NOT FøerniHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE PAID SERVICES TERMS & CONDITIONS, THE PROPERTY, OR THE SERVICES, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
Føerni’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE PAID SERVICES TERMS & CONDITIONS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO Føerni UNDER THESE PAID SERVICES TERMS & CONDITIONS OR YOUR LEASE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT Føerni’S SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE PAID SERVICES TERMS & CONDITIONS OR YOUR LEASE.

Dispute Resolution, Arbitration, ad Class Action Waiver
Unless otherwise stated in Your Lease or otherwise in writing, Section 13 (Agreement to Arbitrate Disputes and Class Action Waiver) of the Føerni Furniture Terms of Use apply to these Paid Services Terms & Conditions. Please read Section 13 of the Føerni Furniture Terms of Use carefully. It requires You to arbitrate disputes with Føerni and limits the manner in which You can seek relief from Føerni.

Miscellaneous
These Paid Services Terms & Conditions and any disputes related to these Paid Services Terms & Conditions is governed by and will be construed in accordance with the laws of Hong Kong SAR, without regard to conflict of law provisions. Subject to the binding arbitration provisions in the Føerni Furniture Terms of Use or Your Lease, You agree the Hong Kong SAR will be the jurisdiction and legal venue for any claim or dispute that has arisen or may arise from these Paid Services Terms & Conditions, provided that Føerni reserves the right, and You agree to Føerni’s right, to bring legal action in whatever jurisdiction from which the Property was rented, whose laws, at the option of Føerni, will govern these Paid Services Terms & Conditions. Any waiver or failure to enforce any provision of these Paid Services Terms & Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any portion of these Paid Services Terms & Conditions is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect. These Paid Services Terms & Conditions, together with any other documents incorporated by reference (including but not limited to Your order email confirmations), constitutes the entire agreement between You and Føerni for the rental or purchase of the Property, supersedes all prior agreements between You and Føerni for the specified Property, whether written or oral and any terms, and may be amended only by a document signed by both parties.

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