Terms of Service.
Updated on May 31st, 2023
ARMOIRE STYLE, INC. MEMBER RENTAL AGREEMENT
These terms and conditions (the "Agreement") are a legal agreement between you ("You" or "Your") and Armoire Style, Inc., with headquarters at 83 S King Street, Suite 100, Seattle, WA 98104 ("Armoire" "we," "us," or "our"), establishing terms and conditions under which You will submit information to, and rent apparel (each a "Product" and collectively, "Products") and receive related services ("Services") from, Armoire via our website at www.armoire.style (the "Website"), our mobile application (the "App") and/or in-person via our Style Boutiques (the “Boutique”) at 83 S King Street, Suite 100, Seattle, WA 98104.
BEFORE YOU CLICK ON THE CONFIRMATION BUTTON AS A FIRST TIME USER OR AS A RETURNING USER, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY HAVE CHANGED SINCE YOU LAST USED THESE SERVICES. BY CLICKING ON THE BUTTON AS A FIRST TIME USER OR BY SUBMITTING AN ORDER FOR PRODUCTS AS A RETURNING USER, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT INCLUDING THE RENTAL POLICY AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "I DO NOT ACCEPT" BUTTON OR DO NOT SUBMIT YOUR PRODUCT ORDER AND YOU WILL NOT BE PERMITTED TO RENT OR, IF APPLICABLE, LATER PURCHASE THE PRODUCTS. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OR PURCHASE OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE. THIS AGREEMENT APPLIES EVERY TIME YOU SUBMIT AN ORDER OR OTHERWISE USE OUR SERVICES.
1. General; Rental Not Purchase; Adult Agreement Required.
This Agreement contains all the terms and conditions governing Your rental of Products from Armoire via the Website and/or Boutique from time to time. You agree that Your use of our Website, App, and the Services, other than rental orders as set forth in this Agreement, is subject in all respects to our Rental Policy and our Privacy Policy, as such terms may change from time to time. No other terms or conditions (preprinted or otherwise) shall have any force or effect. You agree and acknowledge that You are renting the Products and that ownership of the Products remains with Armoire at all times.
Our Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may rent the Products with a payment card or other approved payment method. By clicking the confirmation button, You represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described herein.
Children under the age of 13 may not use the Website or App and parents or legal guardians may not agree to the Website/App Terms and Conditions on their behalf. Children under 18 years of age but at least 13 years of age, may use the Website or App under the supervision of parents or legal guardians who agree to be bound by the Website/App Terms and Conditions of Use on their behalf. If You are a parent or legal guardian agreeing to the terms and conditions of this Agreement (including the Website/App Terms and Conditions and Privacy Policy) for the benefit of a child between the ages of 13 and 18, You are fully responsible for his or her use of the Website or App and the Services, and the rental of any Products, including all legal liability he or she may incur. You will be limited to having in your possession at any given time the specified number of Products purchased as part of your plan or as add-on items.
2. Membership; Membership Subscription Fees; Payment Card Authorizations; Cancellation.
By subscribing to Armoire, You accept the following additional terms, conditions, limitations and requirements set forth in this Section.
Membership. Armoire membership is a subscription-based service, you authorize us to continue your Membership automatically, charged monthly to the payment method provided until you cancel. The monthly membership subscription fee ("Membership Subscription Fee") for the Products will include cleaning, insurance and delivery charges in connection with Your rental of the Products. We will charge Your payment card the amount of the Membership Fee immediately upon registration.
Membership Fees. If You subscribe to Armoire’s membership for clothing rental, Armoire Style, Inc. will charge You a monthly subscription fee. You hereby authorize Armoire or our third-party payment processor to charge your payment card for the applicable Armoire subscription fee. Armoire membership subscription fees are non-refundable. Taxes may apply on Armoire membership subscription fees. We reserve the right to pursue any amounts You fail to pay in connection within accordance with this Agreement.
Non-Assignability. You shall not transfer or assign Your Armoire subscription without Armoire’s prior written consent.
Email Communications. You are responsible for providing us with your current email address when you create an Account, and, if your email address changes, for updating your Account information to reflect your new email address to ensure you continue to receive important account notifications. You are responsible for adding hi@armoire.style to your email address book to ensure you receive email communications from Armoire. Armoire is not responsible for reminders or account notifications that go to spam.
Subscription Renewal. UNLESS YOU CANCEL YOUR ARMOIRE SUBSCRIPTION, THE SUBSCRIPTION WILL AUTOMATICALLY RENEW. THIS APPLIES TO BOTH MONTHLY AND PREPAID PLANS. YOU EXPRESSLY AUTHORIZE US TO COLLECT THE APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY PAYMENT CARD ON RECORD FOR YOU. IF YOU WISH TO CANCEL OR DO NOT WANT TO RENEW YOUR ARMOIRE MEMBERSHIP, YOU MUST CANCEL SEVENTY-TWO (72) HOURS BEFORE THE RENEWAL DATE. Your cancellation will be effective at the end of the current subscription period. This means Your Armoire subscription will continue for the remainder of that period. You may cancel your Armoire membership or find more information about your subscription, including Your renewal date, on your Account page or by contacting hi@armoire.style.
Cancellation. You can cancel your membership at anytime. When you cancel, your cancellation is scheduled for the end of your current billing cycle. This means you can utilize your membership up until the end of your billing cycle.
We have a strict no refund policy for memberships and item purchases. Membership payments and item purchases are non-refundable and there are no refunds or credits for partially used periods. There are no early cancellations or refunds for pre-paid memberships.
If you cancel your membership and we have not received and processed all of your outstanding items within the grace period of thirty (30) days from your subscription end date, you will be charged the full member sale price for all outstanding items, plus applicable processing and restocking fees, to the payment card on file in your account.
No Refunds Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, you will continue to have access to the Services through the end of your current billing period.
Skip a month. To take a break on a Monthly membership, log into your account and select ‘Skip a month’. As long as you request to skip a month at least 1 day before your bill cycle ends, and we have received and processed all your items, your pause will take effect at the start of your next bill cycle. Once your month is over, your subscription will resume on your billing date. If we do not receive and process all outstanding Products prior to your next Membership renewal date your pause will be canceled and your Membership will automatically renew. If you unpause early, your billing date will move to the day you unpause and your payment method on file will immediately be charged.
Termination. We may terminate Your Armoire subscription at our discretion. If we do so, we will give You a prorated refund based on the number of full days or months, if any, remaining in Your current Armoire subscription. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in this Agreement or any applicable law.
Changes to Armoire membership. Armoire Style, Inc. reserves the right to add, remove or modify Armoire subscription benefits or the terms and conditions herein, including fees, but we will give You advance notice of these changes by email. You are responsible for providing us with your current email address when you create an Account, and, if your email address changes, for updating your Account information to reflect your new email address. YOUR CONTINUED ARMOIRE SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR ARMOIRE SUBSCRIPTION.
Disputes. By filing a dispute against Armoire Style, Inc., you forfeit all previously earned or offered incentives, including but not limited to purchase credits, subscription credits, promotional offerings, and refunds.
Promotions. Armoire may provide promotions as an incentive for new members, cancelled members to rejoin or paused members to reactivate. Members are allowed to redeem a maximum of two promotions towards their membership within a five year period. Promotions exclude referral credits and discounts provided to purchase apparel or other products.
3. Our Commitments to You, the Member.
Clean and Ready to Wear. The Products will be professionally cleaned and delivered ready to wear. Ready to wear means cleaned and free of stains. If your product does not arrive clean and ready to wear, you will be provided with a free item to redeem in a later case. We clean and inspect each product with the utmost care but use of the product is at your own risk and Armoire Style, Inc. shall not be held liable for any health-related complaints associated with a product rented from our website or app.
Delivery to You. We will deliver the Products You ordered, including the specified size, color and design, except to the extent we informed You in connection with Your order that the specific Product was not available. In this case, we will choose 2 items from your favorites to replace the requested item. Products may appear different in color and style then the photos displayed on our Website or App.
Return Packaging. With delivery of the Product, we will provide You with a pre-paid, pre-addressed envelope as well as instructions for Your use in returning the Products to Armoire ("Return Packaging").
Services. On our Website and App, we offer various Services to assist You in selecting a Product. Our Services are provided "AS IS" without guarantee as to results.
4. Your Commitments to Us; Payment of Membership Subscription Fee; Purchasing Products; Fees for Non-Returns.
Receipt of the Products. Upon delivery, You bear responsibility for the Product(s). You agree to bear responsibility for receipt of Products delivered to the location You specified at time of check out. You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive Product(s). In the event that an insecure shipping address is provided, Armoire does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Armoire is not to be held liable, but You will be held liable. If you experience a shipping or delivery issue after providing a Secure Shipping Address, you must report your issue to Armoire within 7 days. Armoire does not bear liability for Product(s) impacted by shipping or delivery events that are reported 7 days after the event occurred.
Use of the Products. You agree to treat the Products with the utmost care. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompass minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance included with your rental membership of the applicable Product. If You return a Product that is damaged beyond normal wear and tear, then You agree that we shall charge You, and You shall pay, for the price for repairing or replacing the Product, as determined in our discretion, at the Member pricing for the Product.
Return of the Products. You agree to return the Product(s) to Armoire in the Return Packaging within twenty-four (24) hours of receiving your new case after selecting “Returning” (the return date) for the Products that is identified in your profile page. If you do not return the items marked as “Returning” within 14 days, you will be charged the bonus item price for each late item, which will at that time be moved back to “with you” status in your account.
If You lose the Return Packaging. You will be responsible for printing a new return label from your Profile or returning the item at your own expense by the expected return date and providing Armoire with a tracking number.
Collections. If You do not pay the amounts You owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection and any applicable processing fees, including without limitation reasonable attorneys' fees.
Removal. We reserve the right to terminate your right to rent Products from us at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
Email. We will use the preferences and orders You provide on our Website or App to send You emails and other marketing materials for other Products. You may opt out of receiving those emails by emailing hi@armoire.style or following the links provided at the bottom of those emails when available.
5. Details on Our Commitment to You.
Limited Warranty. The limited warranties set forth in Section 3 apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in Section 3. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in Section 4 of this Agreement.
Remedies. Your sole and exclusive remedy and Armoire's sole and exclusive liability for a breach of Armoire's limited warranty shall be, at Armoire Style, Inc.’s option, Armoire’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Rental Fee (excluding insurance and delivery charges).
Disclaimers. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.
6. Limitation of Liability.
No Indirect Damages. IN NO EVENT SHALL ARMOIRE STYLE, INC. (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ARMOIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Limited Direct Damages. ARMOIRE STYLE, INC.’s (AND ITS SUPPLIERS' AND LICENSORS') AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, THE PRODUCTS AND/OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.
Use of Results at Your Risk. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.
7. Miscellaneous.
This Agreement, (including the Website/App Terms and Conditions and the Privacy Policy referenced in this Agreement) constitute the entire agreement between You and Armoire Style, Inc. with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only by Armoire Style, Inc. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflicts of laws principles. You shall not assign this Agreement without Armoire’s prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 1, 2, 3, 4, 5, 6 and 7 shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. Armoire Style, Inc. shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.
Privacy Policy.
Information collected
When you interact with our website or app, as part of our service, we collect the personal information you provide to us such as your name, address, email address, payment information, birth date, clothing sizes, and fashion preferences. If you link your Facebook or Google account, we get information from those accounts as well. The information we get depends on your settings and their privacy policies, so please check what those are.
We also record information necessary for the provision and improvement of our service such as shipping address information, and all feedback received from the you.
When you browse our site, 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. For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) or use for this purpose other Personal Data (such as IP Address).
Content
If you post, upload or make available to Armoire, or otherwise submit to or through Armoire as part of your use of the service, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the product (“Your Content”), you hereby grant to Armoire a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the website, app, in email and other promotional campaigns and on third party sites promoting the service) in connection with the service, including but not limited to advertising, promoting, and marketing the service, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Armoire to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
Social Media Content
Armoire uses a variety of third-party social media websites, communication services and media channels such as Facebook, Instagram, Pinterest, YouTube, and TikTok (collectively, "Social Media Assets") to communicate and interact with our customers. By posting, uploading, or providing content to the Website or App, or Social Media Assets using an Armoire hashtag (such as #armoire or #myarmoirestyle) or tagging Armoire, you grant Armoire a perpetual, irrevocable, sub-licensable license to use worldwide, royalty-free, to copy, distribute, reproduce, use, modify, adapt, publish, translate, transmit, disclose, publicly perform, and publicly display the user content (in whole or in part) and to incorporate such user content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.
Use of personal information
The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Managing contacts and sending messages and Contacting the User.
Disclosure
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SMS Notifications
If you opt-in to receiving SMS notifications, we may use this method of communication to share updates on your service, membership features, deals and promotions, and other marketing information to help you better utilize our service. Armoire.style uses cookies to help keep track of items you put into your cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.
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 in 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.
Once you leave our website or app, or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Website/App Terms of Service.
When you click on links from our website or app, 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.
Cookies
Any use of Cookies - or of other tracking tools - by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.
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.
When you initially provide or update your payment information, we transmit it via an encrypted connection to our Payment Processor, Stripe. Stripe uses and processes your payment information in accordance with Stripe’s Privacy Policy. We don’t store your payment information, other than your zip code and country, which we require for billing and to comply with tax and other government regulations.
Age of consent
By using the website or app, you represent that you are at least the age of majority in your state or province of residence, 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 or app.
Changes to this privacy policy
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website or app. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
Refer-a-Friend Program Terms & Conditions
As a Refer-a-Friend member (a “Referrer”), you are subject to Armoire’s Privacy & Terms above, as well as the following Terms & Conditions for Armoire’s Refer-a-Friend program:
Qualified Referral. A Qualified Referral is defined as a purchase made at www.armoire.style by a person (a "Referred Customer") who arrives to our website or app by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than $49 in total value, minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3rd party fees.
Reward Payments. Rewards are payable in increments of $5. The maximum Qualified Referrals earned per calendar year may be no more than 50 Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
Eligibility. Eligibility is limited to individuals only. Armoire’s Refer-a-Friend Program cannot be used for affiliate lead generation as determined in Armoire’s sole discretion.
No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Armoire’s Refer-a-Friend program.
Right to Close Accounts. Armoire reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Armoire Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms. Armoire reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
Questions & 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 our Privacy Compliance Officer here.