Terms of Use

Bokeh Fire

Terms of Use

Published Jan. 1st, 2014
Edited Jan. 1st, 2014

 

Hey there. These Terms of Use (the “Terms of Use”) describe the terms and conditions that apply to your use of our lens rental service (the “Service”).  We are Bokeh Fire, Inc. (“Bokeh Fire”).  Throughout these Terms of Use, the word “Lens” means any camera lens we make available to users of the Service, the words “we”, “us” “our” and other similar words refer to Bokeh Fire, and the words “you”, “your” and other similar words refer to the person who registered to use the Service.  You are the only person permitted to use the Service using your account.  If you have a friend who would like to use the Service, we’re flattered, but please ask your friend to register with us.

How Our Lens Service Works

Under our Membership plans, members select DSLR camera lenses at our website, receive them by U.S. mail and return them using prepaid mailers, with no due dates, late fees or shipping charges for the first Lens. After a Lens is returned, and a subsequent Lens requested, we mail the next available Lens with a new prepaid mailer and the credit card you registered with us (your “Payment Method”) will be charged for the shipping costs, if applicable.

The Number of Lenses You Can Rent: Most of our members rent 1 or 2 Lenses at a time. We provide a number of different membership plans to accommodate a variety of lens rental preferences. For details on the various plans we offer, visit our homepage at www.bokehfire.com and click on the “Plans & Pricing” link. To view your current plan and other details, visit your BillingPortal Account Management page by clicking on the link in the email you received upon signing up.  There is no limit on the number of Lenses you can rent, but the number of Lenses you actually receive in any month will vary based on a number of factors (See "Allocation, Delivery and Return of Rented Lens" below). You may modify your plan at any time by logging into your BillingPortal account and selecting the “Upgrade/Downgrade” option.

Delivery Speed: We utilize the U.S. Postal Service to send and receive the Lenses you have selected to rent. Delivery speed will vary based on a number of factors, including how far you are from the shipping location. At present, we ship from a single location in Philadelphia, Pennsylvania, so people in Delaware might get Lenses faster than people in Oregon. (No offense Oregon – we have seen beautiful pictures of your state.)

No Due Dates or Late Fees: As long as you continue to use (and pay for) the Service, you may keep the Lenses delivered to you as long as you want. There are no required return dates (unless you cancel the Service or stop paying) and, therefore, we do not charge any late fees. If you cancel the Service (or if we cancel it for you because you stopped paying us), you are required to return the Lenses within seven days. If you do not return all Lenses within those seven days, or if you lose a Lens, we’re allowed to charge you for the unreturned Lenses. The amount we charge is the manufacturer’s suggested retail price ($MSRP) of the Lens you did not return. Tip: if you really want to keep the Lenses, we offer a “Buy It” feature to our Members – that may be less expensive.  By accepting this agreement and purchasing a Membership, you are authorizing us to charge your Payment Method for any lost or unreturned Lenses. We will normally try to alert you to any potential charges for lost Lenses prior to charging your Payment Method, but if we don’t, we’re still allowed to charge you.

Allocation, Delivery and Return of Rented Lens: We will process orders and otherwise allocate and ship Lenses among our members however we think makes the most sense. In addition, we will determine the quantity of Lenses we purchase for any particular category or type of camera. As a result, we may not always have your top choice Lenses or process orders as fast as we would both like. It is not personal – we are just trying to make things work as best we can.

When you return a Lens, send us an email at support@bokehfire.com, indicating your next desired Lens.  Our goal is to ship you your next requested Lens within 72 hours. It may take longer sometimes. This can occur, for example, when your desired Lens is out to other customers, when it is a national holiday, or other things come up that we cannot control. We are going to try to get your next Lenses to you as quickly as possible because we want you to take more great photos.

If your desired Lens isn’t available, we may send you another Lens similar to the one you have requested. If no similar Lens is available, we may wait until your desired Lens or a similar Lens is available before we ship it to you.

In determining priority for shipping and the Lenses that we carry, we may utilize many different factors, including the number and type of Lenses you rent through our service. The type, number, mix and weighting of the various factors impacting shipping and inventory allocation will change from time to time and will be made at our discretion. As a result of your rental habits and our operational practices, the actual number of Lenses you receive in any month may vary, and you may experience differentiated service during the course of your membership. Also, the service you receive may be different from the service we provide to other members on the same membership plan.

Other factors that may affect delivery times, include, but are not limited to the distance between our shipping location and your delivery address, the timing of your selection for your next Lens, circumstances impacting delivery by the U.S. Postal Service, and any unplanned downtime of our computer systems, like the blue screen of death.

We receive mail from the U.S. Postal Service and process returns Monday through Friday, except holidays. Returned Lenses are generally processed within two days of being received. We make no guaranty as to the shipping and delivery of Lenses and may, in our sole and absolute discretion, change our business practice regarding allocation, delivery and shipping, without notice. We believe that our operational practices, including how we prioritize shipping and inventory allocation among our members, provide a great value to all our members.

Occasionally we are able to identify personal lenses or other items inadvertently sent to us as part of our rental return process. In such instances, we may attempt to return the item to the sender. However, it may not always be possible for us to identify and return your personal items. In addition, on rare occasions, these personal lenses or other items are re-transmitted inadvertently to members during our normal shipping and receiving operations. We disclaim any responsibility for and you hereby expressly release us from any liability arising from any re-transmission, including both the shipment and receipt of such items, or failure to return personal items inadvertently submitted to Bokeh Fire. We encourage you to be careful in returning items to us in our postage paid boxes.

Bargain Lens Purchase Option

If you have been a paying member for three (3) consecutive months and you really like one of the Lenses we sent you, we will sell you that Lens for a discount. If you are a member with a Basic plan, then after three (3) consecutive months of membership, you can buy a Lens from us and we will give you $100 off the price. If you are a member with a Pro plan, then after three (3) consecutive months of membership, we will give you $200 off the price of one (1) of the Lenses you have. Note – that means you can only get the discount on one Pro membership Lens, not both.

Understand that market prices of lenses fluctuate frequently, so if you e-mail us at support@bokehfire.com when you are ready to buy the Lens that you are borrowing, we will send you back a quote with a price to buy that Lens. The prices are not fixed and the quotes are only valid for seven (7) days, so if you are not planning to buy the Lens in that period of time, hold off until you are. Thanks!

Other notes, like Insurance

Basic insurance coverage is included for all of members that protects against really serious damage. What do we mean by “damage”? A damaged Lens is one that has any substantial markings on the Lens or anything that interferes with its normal function – it does not work the way that it should. With insurance there are deductibles.

This means that if a Lens or Lenses are damaged after we send them out and before they are returned, then we will charge you the deductible. For Basic memberships, the deductible is $250 per Lens. For Pro memberships, the deductible is $500 per Lens. We have your payment method, so we will charge that method when we receive a Lens back that is damaged.

All of our Lenses are checked to make sure that they work like they are supposed to before we send them out. This means that when we send out Lenses, they are checked to be sure they are in good working order. We do the same when we receive Lenses that our members have rented and returned. This means our Lenses are tested twice before we put them in our excellent boxes and pack them securely to be shipped to you.

If the Lens is damaged while being shipped to you, then you must notify us as soon as reasonably possible when you get the Lens in the mail (within 24 hours of receipt). To avoid problems, we encourage you to do what you’d like to do anyway: get the package, open it up and play with the Lens! We assume that is why you are borrowing the Lens from us – when you get the Lens, you’ll want to use it.

Any lost or stolen Lens will be charged the full MSRP plus a 20% restocking fee, which is the same as you would be charged if you canceled the service and did not send the Lens back to us.

Billing

You expressly agree that we are authorized to charge your Payment Method membership fees (the “Fees”) each month at our then-current rates, plus any other charges you may incur in connection with your use of the Service.  We hope you always agree that our Fees are fair, but if you ever think you are not getting a great deal, then you are free to cancel the Service anytime.  See “Cancellation” below for details. You acknowledge that the amount billed may vary from month to month for reasons that include things like promotional offers, changes in your membership plan, changes in the amount of applicable sales tax, different shipping costs for different Lenses, and charges for lost Lenses or Lenses not returned upon cancellation or termination of your membership.  You authorize us to charge your Payment Method for such varying amounts.

If you have an expiring Payment Method and you do not update it with us, then it will be the same as cancelling the Service, then we will charge you as though you cancelled the service (see “Cancellation” below) as of the expiration date of your Payment Method. We will try to send you a friendly reminder e-mail before this happens, but if we don’t do that, we’re still allowed to charge you. You can stop that process by providing us a new Payment Method or actually cancelling the Service and sending us back the Lens that you borrowed.

If the Payment Method gets rejected for any reason (like an overdrawn account or an invalid number), then we will send you a note to let you know. The inconvenience of the bounced payment will cost you an additional $25 fee and you will be deemed to have cancelled the service (see “Cancellation” below) when the payment does not go through – so you will have seven (7) days from the date the Payment Method was charged to either send us back the Lens or give us a new Payment Method.

Cancellation

You may cancel the Service anytime by logging into your BillingPortal account, going to your Membership page and cancelling the Service. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR UNUSED LENSES. Therefore, if you cancel on a day other than the day we charge your Payment Method, you will not be refunded for that partial month.  All of your returned Lenses must be postmarked within seven (7) days of your cancellation date. If you cancel your Membership but the Lenses are not postmarked within seven (7) days of your cancellation, we reserve the right to charge your Payment Method for the manufacturer’s suggested retail price ($MSRP) of the Lenses you did not return, plus a restocking fee of 20%. You also specifically authorize us to charge that amount to your Payment Method. Our normal practice is to send a reminder email about any unreturned Lenses before charging your Payment Method, but we’re not required to do that.  If we do not, we are still authorized to charge your Payment Method for outstanding Lenses and the restocking fee.

Miscellaneous

By opening an account with us, you agree to be bound by this agreement. This document represents the entire agreement between you and Bokeh Fire. You cannot modify this agreement, but we can. It’s not the sort of thing we intend to do frequently, but if we modify these terms of use and you continue to use the Service, you will be deemed to have agreed to the new terms.

By using the Service, you are agreeing to indemnify us from and against all losses, claims, damages or any other costs that arise from your use of the Service or your breach of this agreement.  In other words, if someone sues us because of the way you used the Service, you’ll be responsible for that. Indemnification will include reasonable expenses, attorneys’ fees, court costs and other expenses of investigating, litigating and settling any claims.

If you ever need to send us an important legal notice, you must do so in writing. Our address is BOKEH FIRE, 417 NORTH 8TH STREET, SUITE 201, PHILADELPHIA, PA 19123 . If we ever need to send you an important legal notice, we can send it to the address you used when you registered for the Service. If we do that, it will be deemed to be received by you three days after we mail it. (Notices can be sent by U.S. Postal Service or any reputable overnight carrier. We recommend using a delivery service you can track so you can be sure we received your notice – after all, it’s important, or you wouldn’t have sent it.)

If one of us breaches the agreement and the other one doesn’t complain, that doesn’t mean future breaches will also be acceptable.

If there is ever a dispute between you and Bokeh Fire, you’re agreeing that you won’t be able to sue us in court. Instead, you’re agreeing to binding arbitration with the American Arbitration Association (AAA). You will be responsible for all of the upfront fees for the arbitrator, the location, getting to the location and any additional fees that the AAA charges. The arbitrator will apply the laws of the Commonwealth of Pennsylvania. If the arbitrator determines that we did something wrong, the maximum amount of damages you’ll be entitled to receive will be the amount of money that you paid us for the Service in the six months before the event that led to our dispute. This means that if you were a customer for one month, your maximum damages will be the amount you paid us for that month. Under no circumstances will we be responsible for any consequential, incidental, indirect or punitive damages. That’s true even if you tell us that it’s really super important that you get great photos because you’re photographing a wedding and it’s your best friend’s wedding or your client’s wedding and if the pictures don’t come out perfect you might just die. We get it – photos are important for everyone, and we want you to take great photos. But if you don’t, even if the reason is that we messed up, you do not get to sue us for more than you paid us in the six months before we messed up. If the arbitrator determines that we didn’t do anything wrong, you’ll pay our reasonable attorneys’ fees and the expenses we incurred resolving the dispute.

Please keep in mind that we love our customers and want to keep the ones we have, so we would much rather talk it out than pay lawyers. We’re just trying to make it easier to take great photos and focus on the things you want to remember.