Terms of service

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 Boutiques (the “Boutique”) at 505 1st Avenue South, 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 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, 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 and parents or legal guardians may not agree to the Website Terms and Conditions on their behalf. Children under 18 years of age but at least 13 years of age, may use the Website under the supervision of parents or legal guardians who agree to be bound by the Website 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 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 and the Services, and the rental of any Products, including all legal liability he or she may incur. We currently and generally limit the number of Products that can be rented by You and our other customers to four (4) at any time. If you purchase an upgraded subscription pass, you will be limited to that specified maximum of Products in your possession at any given time.

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.

1. 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.

2. 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.

3. Non-Assignability. You shall not transfer or assign Your Armoire subscription without Armoire’s prior written consent.

4. 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 hi@armoire.style.

5. Cancellation. You can choose to cancel your membership at any time by selecting to cancel within My Account. As long as you cancel at least 3 days before your bill cycle ends, and we have received and processed all your items, your cancel will take effect before your next bill cycle and you will not be charged. 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.

6. Pause. To pause your subscription, log into your account and select I need to pause. Choose the pause length of 1, 2 or 3 months. As long as you request a pause at least 3 days 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. If we do not receive your items in time, you will be billed your regular membership price. Once your pause is over, your subscription will resume on your billing date. If you unpause early, your billing date will move to the day you unpause and your payment method on file will immediately be charged. 

7. 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.

8. 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.

1. 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 site.

2. 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. 

3. 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"). 

4. 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.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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 hi@armoire.style or following the links provided at the bottom of those emails when available.

5. DETAILS ON OUR COMMITMENT TO YOU.

1. 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.

2. 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.

1. 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.

   1. 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.

   2. 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 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.