BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON OR ORDERING THE PRODUCTS, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “I DO NOT ACCEPT” BUTTON AND YOU WILL NOT BE PERMITTED TO RENT THE PRODUCTS.
1. General; Rental Not Purchase; Adult Agreement Required.
2. Rental Fees; Credit Card Authorizations; Cancellations.
The rental fee ('Rental Fee') for the Products will be the rental fee, insurance charges and delivery charges listed on the Website in connection with Your rental of the Products. Upon Your order for a Product, You hereby authorize us to charge Your credit card for the Rental Fee. We will charge Your credit card the amount of the Rental Fee immediately upon Your rental order. A reservation of a Product on our Website is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of Your order of a Product, You hereby authorize The Frock Shop to charge Your credit card for the entire original retail value of that Product (when new) set forth on the Website, plus sales taxes ('Retail Value'); provided that we will only charge the Retail Value in the circumstances set forth in Section 4 below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by The Frock shop, shall be paid by You to The Frock Shop in connection with Your order for the rental. After Your order has shipped, The Frock Shop does not provide cash refunds of any kind. You may cancel Your order for Products before it ships, subject to the following cancellation fees: (i) for cancellations that are thirty (30) or more days in advance of such delivery date, no cancellation fee and full refund; and (ii) for cancellations that are less than thirty (30) days in advance of such delivery date, credit that can be applied to a future The Frock Shop purchase. Items that are returned late will be charged a late fee of $40/day, per item. Items that are returned more than 2 or more days late will forfeit receipt of security deposit.
3. Our Commitments to You.
Delivery to You. We will deliver the Products You ordered, including the specified size and color, 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 than the photos displayed on our Website.
Return of Unworn Products Due to Size. If Your Product does not fit You, then You may return the Product to us within 24 hours (excluding Sundays) of the date you received the Product by contacting us via email or phone and returning the Product in conformance with the return procedures in Section 4(b) below (a “Sizing Return”). We will then issue you a credit for the Rental Fee (less 10% restocking fee) of the Product for a future rental by You of our Products, so long as the Product, in our sole discretion, has not been worn. The Frock Shop does not provide shipping or delivery charge refunds of any kind.
Delivery/Shipping; Clean and Ready to Wear. The Products will be professionally cleaned and delivered ready to wear. Your Products may be picked up by you at our showroom in Chicago, IL. Otherwise, all deliveries will be through The Frock Shop's shipping partners, which may change from time to time at the Company's discretion. The shipping method used will be at the discretion of The Frock Shop. The Products can be delivered to you until 8:00 pm on your rental start date. Delivery time for products you have selected to rent may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, The Frock Shop, Inc. makes no guarantees as to actual delivery time and does not assume responsibility for missed deliveries, lost or non-delivered delivery info notices. These responsibilities fall on the shipping partner and You may contact the shipping partner directly for disputes. We will send you an email letting you know when your product is shipped. The risk of loss for items shipped passes to you upon our delivery to the carrier, UPS or USPS. All UPS or USPS confirmed deliveries are the sole responsibility of the recipient. If you are unable to locate a confirmed delivery, you are required to contact The Frock Shop immediately to place a tracer investigation with UPS or USPS and to temporarily suspend the borrowing period. All tracers take 8-12 business days to complete and until the results of the investigation are received, we are not able to proceed with the resolution of a lost item. If we timely ship the product with UPS or USPS, any late delivery or non-delivery will be deemed to be not our fault and we shall have no liability under this paragraph. Further, non-availability of items, even where reserved, shall be deemed to be not our fault.
Return Packaging. With delivery of the Product, we will provide You with a UPS pre-paid, pre-addressed envelope or box as well as instructions for Your use in returning the Products to The Frock Shop (“Return Packaging”).
Services. On our Website, we offer various Services to assist You in selecting a item
Product. Our Services are provided “AS IS” without guarantee as to results.
4. Your Commitments to Us; Payment of Retail Value.
Receipt of the Products. Upon delivery, You bear responsibility for the Product(s). If however, You opt to have Your Products delivered by courier service You agree to bear responsibility for receipt of Products shipped to the location 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 unsecure shipping address is provided, The Frock Shop 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 The Frock Shop is not to be held liable, but You will be held liable.
Use of the Products. You agree to treat the Products with great care, as if it was borrowed from Your close friend. 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 encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance that is included in the rental price 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, up to the Retail Value for the Product.
Return of the Products; Extensions. You agree to return the Products to The Frock Shop in the Return Packaging on the date set forth on the Website in connection with Your order. You may extend Your order for a Product on the Website or by phone to The Frock Shop; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. Return of the Product will be accomplished by You returning the item in person at our retail location or placing the Product in the Return Packaging in any appropriate UPS mailbox or drop off location by 5 p.m on or before the date that the Product is due. If You return the Products late or not at all, a late fee of $40/day, per product will be charged to You, and You agree to pay such fees, up to the Retail Value of the Product. Late fees are not refunded. If a product is returned excessively late or in a damaged or dirty condition that exceeds normal wear and tear, as determined by The Frock Shop in its sole discretion, you agree that The Frock Shop will charge you for the full cost of replacing such product as well as charge you the full amount of any lost earnings or incurred costs resulting from the late return or damage. The product replacement fee will vary depending on the specifics of each item and its amount is to the full discretion of The Frock Shop. If You lose the Return Packaging, You will be responsible for paying for the return of your product and replacing the envelope to return the Product.
Payment of Retail Value. We will not charge You for more than the Retail Value plus the Rental Value, in the aggregate, for any charges arising under this Section 4, excluding collection costs. If You pay us the full Retail Value under this Section 4 and You still possess the Product, the Product is Yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause c shall not apply to the Rental Fee, which is charged separately from, and in addition to, any charges for the Retail Value pursuant to this Section 4.
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 and internal resource costs.
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 e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by emailing email@example.com or following the links provided at the bottom of those e-mails 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 The Frock Shop’s sole and exclusive liability for a breach of The Frock Shop’s limited warranty shall be, at The Frock Shop’s option, The Frock Shop’s use of its commercially reasonable efforts to replace the non-conforming Product 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 THE FROCK SHOP (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 THE FROCK SHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Limited Direct Damages. THE FROCK SHOP’S (AND ITS SUPPLIERS’ AND LICENSORS') AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND 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.
This Agreement constitutes the entire agreement between You and The Frock Shop 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 The Frock Shop. 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 Illinois, excluding its conflicts of laws principles. You shall not assign this Agreement without The Frock Shop’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. The Frock Shop 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.
7. Sale Items.
You agree that all Products purchased are sold as-is and are final sale.