What You Need to Know
What You Need to Know Before Renting
Before becoming an Eternal Style member please read through the following list of things you need to know:
- You must be 18 years or older to rent
- You must live in the United States
- A deposit of one week rental will be required and refunded once the shoes are returned. The deposit will be charged separately after the original order, but before the shoes are shipped
- A rental agreement MUST be signed for each rental before the item is shipped
- You must use the shipping label provided with your item. If lost, please ship at your own expense and provide us with the tracking number to avoid a late fee.
- You must return the shoes in good condition, free from damage and permanent stains (normal wear and tear is expected)
- Before renting, know your size in the specific designer label as the designers and countries of origin have different sizing standards. To assist, we provide a recommended U.S. size, but it is highly recommended that you know your size prior to renting. If for some reason you rented a shoe and it does not fit and cannot be worn, please contact us the day the shoes are received and ship the shoe back to us within 24 hours. Once we have determined the shoes have not been worn, we will issue a refund for the shoe rental. The $9.00 insurance and shipping and handling costs will not be refunded.
Our Terms and Conditions are provided below for your convenience.
ETERNAL STYLE CUSTOMER RENTAL AGREEMENT
These terms and conditions (the "Agreement") are a legal agreement between you ("You" or "Your") and Eternal Style, LLC. ("Eternal Style," "we," "us," or "our"), establishing terms and conditions under which You will submit information to, and rent shoes and accessories (each a "Product" and collectively, "Products") and receive related services ("Services") from, Eternal Style via our website at www.eternalstyles.com or www.eternal-styles.myshopify.com (the "Website").
- General; Rental Not Purchase; Adult Agreement Required.
- Membership and Rental Fees; Payment Card Authorizations; Deposits; Cancellations.
The membership fee (“Membership Fee”), required for rental access, will be the membership fee only and must be charged before Products can be rented. You hereby authorize us to charge Your payment card for the membership fee immediately upon your membership approval by us. Eternal Style membership is valid for one year from the membership purchase date, you authorize us to continue your membership automatically, charged annually to the payment method provided until you cancel. 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 payment card for the Rental Fee and one week refundable Deposit. We will charge Your payment card the amount of the Rental Fee and one week refundable Deposit immediately upon Your rental order. Once the Product is returned, the Deposit will be issued by Eternal Style within 24 hours. If the Product is not shipped by the scheduled return date, You will forfeit the one week refundable Deposit. 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 Eternal Style to charge Your payment card for an amount equal to 200% of the entire original retail value of that Product set forth on the Website, ("Retail Value") plus applicable sales taxes; provided that we will only charge Your payment card for an amount greater than the Rental Fee 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 Eternal Style, shall be paid by You to Eternal Style in connection with Your order for the rental. Once an order is placed, You may not cancel an order or membership once purchased.
- Our Commitments to You.
- Delivery to You.We will ship 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 than the photos displayed on our Website. Our liability to You for failure to do deliver the Product as ordered is limited to the timely delivery of Product as ordered or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by us. See Section 5(b) below.
- 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 and holidays) 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 full Rental Fee (less delivery charges) 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.
- Delivery; Clean and Ready to Wear.Your Products may be ordered and couriered to You on the same day for certain orders placed by 3 p.m. in Washington DC Metro Area, subject to the additional delivery charge set forth on the Website. Otherwise, all deliveries outside of Washington DC Metro Area will be through Eternal Style'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 Eternal Style. The Products can be delivered to you until 8:00 pm on your rental start date. The Products will be professionally cleaned, sanitized 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 Eternal Style shall not be held liable for any health-related complaints associated with a product rented from our site.
- 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 Eternal Style ("Return Packaging").
- 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.
- Your Commitments to Us; Payment of Rental Fee; Fees for Late Returns.
- Receipt of the Products. Upon delivery, You bear responsibility for the Product(s). If however, You opt to have Your Products delivered in the Washington DC Metro Area You must first contact Eternal Style for approval and 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, Eternal Style 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 Eternal Style 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, worn soles on shoes, stuck zippers or other minor damage covered by the insurance You paid for with your rental 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 Eternal Style in the Return Packaging on the return date for the Products that is identified in the online invoice for Your order. You may extend Your order for a Product on the Website or by phone to Eternal Style; 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. You must return the Product by delivering the Product in the Return Packaging to a UPS store located in the United States by 12 p.m. on or before the date that the Product is due.
- If You return the Products late or not at all, Your Deposit will not be refunded and a late fee of fifty dollars ($50.00) will be charged to the payment card You used to pay the Rental Fee or to any other payment card included in Your account information that You have provided to Eternal Style for every day that you are late returning the Products, and You agree to pay such late fees, up to an amount not to exceed 200% of the Retail Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within twenty (20) days after the return date for the Product, Your late return will be considered a non-return and Eternal Style will charge Your payment card the maximum late fee set forth above, less any late fees that You have already paid, plus applicable sales tax.
- If You lose the Return Packaging, You will be responsible for returning the item at your own expense by the expected return date, and providing Eternal Style with a tracking number.
- Payment of 200% of Retail Value. We will not charge You for more than an amount equal to 200% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 4, excluding collection costs. If You pay us an amount equal to 200% of the 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 shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by You pursuant to this Section 4.
- 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.
- 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.
- 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.
- Wardrobe Stylist Platinum Program.
- Wardrobe Stylist Platinum Program. The Wardrobe Stylist Platinum Program (“WSP”) is exclusively for well-established wardrobe stylists as determined by Eternal Style. If You apply for WSP Program and are approved, You will be entitled to certain benefits when You rent Products with Eternal Style, as more fully described in the Membership Benefits . By subscribing to the WSP Program, You accept the following additional terms, conditions, limitations and requirements set forth in this Section 5.
- If You subscribe to WSP Program, Eternal Style will charge You an annual discounted subscription fee. You hereby authorize Eternal Style or our third party payment processor to charge your payment card for the applicable WSP Program subscription fee. WSP Program subscription fees are non-refundable except as expressly set forth below. Taxes may apply on WSP Program subscription fees. We reserve the right to pursue any amounts You fail to pay in connection with WSP Program in accordance with this Agreement.
- Non-Assignability. You shall not transfer or assign Your WSP Program subscription without Eternal Style’s prior written consent.
- Subscription Renewal. UNLESS YOU CANCEL YOUR WSP PROGRAM SUBSCRIPTION, WSP PROGRAM 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 WSP PROGRAM, YOU MUST CANCEL THIRTY (30) DAYS BEFORE THE ANNUAL RENEWAL DATE. If You cancel WSP Program at any other time during the subscription period, cancellation will be effective at the end of the current annual subscription period. This means Your WSP Program subscription will continue for the remainder of that period and You will not receive a refund. You may cancel WSP Program or find out more information about your WSP Program subscription, including Your annual renewal date, by contacting Klynn@eternalstyles.com.
- We may terminate Your WSP Program subscription at our discretion. If we do so, we will give You a prorated refund based on the number of full months remaining in Your current annual WSP Program 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 WSP Program. Eternal Style reserves the right to add, remove or modify WSP Program benefits or the terms and conditions herein, including fees, but we will give You advance notice of these changes by email. YOUR CONTINUED WSP PROGRAM SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR WSP PROGRAM SUBSCRIPTION.
- 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.
- Your sole and exclusive remedy and Eternal Style's sole and exclusive liability for a breach of Eternal Style's limited warranty shall be, at Eternal Style's option, Eternal Style'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).
- 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.
- Limitation of Liability.
- No Indirect Damages. IN NO EVENT SHALL ETERNAL STYLE (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 ETERNAL STYLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- Limited Direct Damages. ETERNAL STYLE'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.