TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) constitute a legal agreement between you and Tailored Stay, LLC (“Tailored Stay”, “we” or “us”). Please read these terms carefully. If you do not agree to these Terms, please do not access or use our Website or Services (each as defined in the next paragraph).
By accessing or using our website (www.tailoredstay.com) and any subdomains of our website (“website”) and any services supplied to you by Tailored Stay, you represent to us that you are legally competent to enter into and agree to these Terms.
THE SERVICES ARE INTENDED SOLELY FOR USERS WHO ARE 21 YEARS OF AGE OR OLDER, AND ANY REGISTRATION, USE OR ACCESS TO THE SERVICE BY ANYONE UNDER 21 IS STRICTLY PROHIBITED AND IN VIOLATION OF THESE TERMS.
BY USING THE WEBSITE OR SERVICES, YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 21 YEARS OF AGE.
You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Services and receipt or use of data, content, products and/or services through the Services.
- Our Services. Our Website enables you to search for products, packages, groceries, and alcohol beverages for the purposes of customizing your vacation rental property prior to your arrival. Orders may be placed through our Website and we will enter into an agreement with you to perform these services as your authorized agent to procure your items and access the destination to be prepared. All transactions will occur between third party retailers and Tailored Stay as your authorized agent. All transactions are solely conducted between retailers and Tailored Stay as your authorized agent. Each product listed by Tailored Stay is not an offer to purchase such product, but an invitation to make an offer by placing an order. You acknowledge and agree that Tailored Stay does not sell, offer to sell, invite to sell, or solicit any offers. In all instances, all sales are advertised, accepted, made and procured by retailers who receive all orders and offers. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. Tailored Stay is not a seller of or delivery service for alcohol beverages. No part of the Services is intended to facilitate any improper furnishing or inducement by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any Licensed Retailer or any improper exclusionary practices by any alcohol beverage licensee.
- Order Process. The Tailored Stay Website presents Services, Packages, and Products that may be requested by you. Once you’ve selected your Services and proceeded through the Checkout, your credit or debit card will be charged in advance for the retail price listed in your Order plus the associated Service Fee and any applicable taxes or surcharges. Once the charge is authorized, Tailored Stay will submit your order to the applicable Retailer(s) to procure the Products and/or Services in accordance with the timeline prescribed by your scheduled arrival date. Once procured, Tailored Stay will ensure your purchases are prepared at your destination before you arrive.
In order to ensure timely placement, all Orders must be placed within the following timeframes:
- Minimum Order Amount. Tailored Stay will only accept orders with a minimum total price of $100.00, excluding any applicable Service Fee(s).
- Service Fees. Tailored Stay charges Service Fees for all items fulfilled by our Tailors.
- “Placement Fee” will be applied to all grocery items ordered through Tailored Stay.
- “Convenience Fee” is applied to all orders that include alcohol products.
- “Concierge Fee” is applied to all Concierge Service and Custom Packages.
- Pricing. Tailored Stay cannot confirm or guarantee the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Tailored Stay site or through Retailers. The receipt of an order confirmation does not constitute our acceptance of an order. Tailored Stay reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation notice from Tailored Stay. Tailored Stay may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancelation.
The Tailored Stay price is independent from any market, retail, discount, coupon, or otherwise published or standard price available in the marketplace.
- Third Party Transactions. At your request – and at Tailored Stay’s sole discretion – Tailored Stay may fulfill your request for Services that are not available for ordering through our website. In such instances, these Terms and all fees, pricing and costs
- Coupons. In general and except as otherwise explicitly stated, we are unable to accept manufacturers’ or retailers’ coupons for items ordered through the Tailored Stay website.
- Substitutions. In the event that a requested grocery product is not available, you agree that Tailored Stay is authorized to provide a reasonable substitute – consisting of a slightly different size or variety of the same brand, or the same item in a different brand. If you do not wish to have items reasonably substituted please let us know by writing ‘no substitutions’ in the customer notes section on the checkout page.
- Cancellation and Refund. Any cancellations or modifications by Customer must be made at least 72 hours ahead of the expected arrival date.
To cancel an order, send an email to [email protected], include the words ‘order cancellation’ in the subject line, and include your name and date of arrival in the body of the email.
Customers who cancel orders at least 72 hours in advance of arrival will be entitled to a refund as follows:
Any cancellations made by customers within 72 hours shall not be entitled to a refund.
Any cancellations made at the discretion of Tailored Stay or any Retailer, or otherwise not at Customer request shall be entitled to a full refund.
Refunds shall appear on the Customers’ method of payment within 30 days of cancellation.
- Transactions Involving Alcohol. You may have the option to place orders for alcoholic beverages in some locations and from certain Retailers. You agree that you will comply with all applicable laws and not cause Tailored Stay, your Designated Agent, or any Retailer to contravene any applicable laws.
BY PLACING AN ORDER THAT INCLUDES ALCOHOL, you are confirming that you are 21 years of age or older, are authorized to proceed with this transaction, and are not under the influence of any substance or otherwise incapacitated. If you order alcohol products, you understand and acknowledge that Tailored Stay is proceeding with your transaction as your Designated Agent to fulfill the transaction on your behalf with the Retailer and the order will only be fulfilled if the retailer accepts your order. You agree that, upon receipt of alcohol products, the recipient will not be intoxicated when receiving such products, and that alcohol has not been purchased with the intent to resell the alcohol or provide the alcohol to someone who is not of legal drinking age. You agree that if any applicable legal requirements for the fulfillment of orders are not met, Tailored Stay reserves the right to cancel any portion of your order. Special requests or substitutions for the purchase of alcohol products will not be honored; all requests for the purchase of alcohol products must be made through the catalog available through the Services at the time of submitting the order. Tailored Stay reserves the right to refuse fulfillment of alcoholic beverages to individuals who are not fully compliant.
- Representation of Food Products on Website. The Tailored Stay Website includes images of and information about products available for your request. This content is provided for general reference purposes only and Tailored Stay makes no representations regarding the accuracy of product information.
Customers should not rely on information presented through the images or descriptions and should always read labels, warnings and directions prior to using or consuming a product. Any questions about a product should be directed to the manufacturer. Tailored Stay assumes no liability for inaccuracies or misstatements regarding any product.
- Nutritional Information. If we provide nutritional information about recipes on the Website, that information is based on the ingredients and cooking techniques as listed in the recipe and does not include optional ingredients or garnishes. Nutritional values represented are composite averages and may vary according to freshness, variety, or differences in preparation. Altering cooking methods or substituting any ingredients may change the posted nutrition information significantly. Tailored Stay does not warrant the recipes contained on the Site or the results of preparing the recipes.
- Food Safety Information. The Website may provide information about safe food handling and preparation methods. This information is not intended to be comprehensive and should not be substituted for information available from your local Department of Health or other government sources.
- Indemnification. By proceeding with any order, you agree to indemnify and hold harmless Tailored Stay and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Services; (c) your breach of this Agreement or any representation, warranty or covenant in this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. Tailored Stay reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tailored Stay in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Services.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAILORED STAY BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, OR FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OR PERFORMANCE OF THE SERVICES, OR THE PROCESSING, PURCHASE, SALE, TRANSPORTATION, PROCUREMENT, PLACEMENT OR USE OF ANY PRODUCT, INCLUDING ANY CLAIM, DEMAND OR DAMAGES ARISING FROM ANY TRANSACTION THROUGH THE SERVICES INITIATED OR COMPLETED BETWEEN TAILORED STAY ON YOUR BEHALF AND ANY RETAILER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF TAILORED STAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, DEMAND OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. If, for any reason, a court or arbitral body finds Tailored Stay liable for damages notwithstanding the foregoing, in no event shall Tailored Stay’s total liability for all damages exceed the amount paid by you to Tailored Stay for your use or receipt of the Services. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
Last Updated: January 21, 2021