Terms of Service.
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 505 1st Avenue South, 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") and/or in-person via our Style Boutique (the “Boutique”)at Armoire’s headquarters at 505 1st Avenue South, Suite 100, Seattle, WA 98104.
1. General; Rental Not Purchase; Adult Agreement Required.
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.
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.
Subscription Renewal. UNLESS YOU CANCEL YOUR ARMOIRE SUBSCRIPTION, THE SUBSCRIPTION WILL AUTOMATICALLY RENEW. 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. If You cancel Armoire at any other time during the subscription period, 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 Armoire membership or find more information about your subscription, including Your renewal date, on your Account page or by contacting firstname.lastname@example.org.
Cancellation. There are no hidden contracts. If you need to cancel your membership at any time, sign into your account and elect to cancel your membership so you will not be charged for the next month.
Pause. Please note, while pre-paid subscriptions are non-refundable, we may allow Members to pause and return later to their remaining pre-paid months. A request to pause membership must be made a minimum of seventy-two (72) hours prior to membership renewal date.
If You cancel your membership and do not return the outstanding Products within the grace period of seven (7) days from Your subscription end date you will be charged the Member price for all outstanding Products to the payment card You used to pay the Membership Fee or to any other payment card included in Your account information that You have provided to Armoire.
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 months, if any, remaining in Your current annual 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. 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.
3. Our Commitments to You, the Member.
Clean and Ready to Wear. The Products will be professionally cleaned and delivered ready to wear. 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 site.
Delivery to You. We will deliver the Products You ordered, including the specified size, color and design, on or before the date for which You ordered them, except to the extent we informed You in connection with Your order that the specific Product was not guaranteed. Products may appear different in color and style then the photos displayed on our Website.
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, 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.
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 seventy-two (72) hours of selecting “Returning” (the return date) for the Products that is identified in your profile page.
If You cancel your membership and do not return the Products seven (7) days after your subscription end date you will be charged the Member price for all outstanding Products to the payment card You used to pay the Membership Fee or to any other payment card included in Your account information that You have provided to Armoire.
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, 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 to send You emails and other marketing materials for other Products. You may opt out of receiving those emails by emailing email@example.com 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 RENT THE RUNWAY 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.
When you interact with our website, as part of our service, we collect the personal information you provide to us such as your name, address, email address, birth date, clothing sizes, and fashion preferences.
We also record information necessary for the provision and improvement of our service such as shipping address information, and all feedback received from the customer.
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).
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 site, 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.
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.
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
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.
When you click on links form our site, 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.
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.
Age of consent
By using this site, 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.
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 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 by businesses 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.