This is a legal agreement setting forth the terms and conditions between Hollywood Closet Rentals, LLC (HoClo Rentals) and Customer. Customer includes visitors and users of the HoClo Rentals Rentals website. Please review the following terms and conditions before using the HoClo Rentals website or related services. HoClo Rentals is organized under the laws of the state of California with its corporate offices at 7083 Hollywood Blvd, Los Angeles CA 90028. Customer consents to be bound by these terms and conditions under which Customer submits information too, rents clothing and accessories (collectively, Garments), provides accurate payment information and receives related services (“Services”) from HoClo Rentals via our website at http://www.hollywoodclosetrentals.com(/) (the “Website”). Accessing, browsing or otherwise using the website or associated services indicates Customer’s agreement to the terms and conditions of use. The HoClo Rentals website Terms and Conditions of Use are available at (?).
- HoClo Rentals RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OF ANY GARMENTS AFTER THE DATE OF SUCH CHANGE.
- This Agreement contains all the terms and conditions governing the Customer(s) rental of garments from HoClo Rentals via the hollywoodclosetrentals.com website. Customer agrees that the general use of the HoClo Rentals site, in addition to the terms and conditions of this agreement, is subject to the HoClo Rentals website Terms and Conditions of Use. No other terms or conditions (preprinted or otherwise) shall have any force or effect.
- Customer agrees and acknowledges that ownership of any rented garments remains at all times exclusively with HoClo Rentals.
- HoClo Rentals garments may be rented only to Customers older than eighteen (18) years of age who must provide accurate payment information determined at the sole discretion of HoClo Rentals which must be approved by a HoClo Rentals merchant and processing agent. If Customer is under eighteen (18) years of age, then Customer may not rent garments from HoClo Rentals.
- HoClo Rentals limits the number of racks that can be rented by Customer to ONE (1) at any time. Each order, with Customer’s purchase of a subscription provides a maximum of $70 or $100 to spend on garments (spent as defined by HoClo Rentals.) that can be in Customer’s possession for thirty (30) days so long as Customer continues to make RECURRING monthly payments for the membership.
- The rental fee (“Rental Fee”) for the garments will be the monthly rental fee (as defined on the HoClo Rentals website for Customers specific membership or sometimes defined by any discounts offered) plus any insurance charges listed on the website in connection with Customer’s membership.
- Upon order for Customer’s RACK, Customer authorizes HoClo Rentals to charge Customer’s credit card for the Rental Fee and/or monthly subscription fee on a RECURRING basis whereby the card provided will be automatically charged thirty (30) days from the commencement of the membership. HoClo Rentals will charge the credit card provided the amount of the initial Rental Fee immediately upon Customer’s rental order or checkout where Customer confirms and submits – “Check Out”.
- Additionally, at the time of customer’s order of garments, it is understood and Customer authorizes HoClo Rentals. to charge the credit card provided for the ORIGINAL RETAIL VALUE of the Garment(s) (when new) as set forth, plus any applicable sales taxes (“Retail Value”).
- Rental Fees exclude all federal, state and local taxes, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by Customer directly or, if paid by HoClo Rentals shall be reimbursed by Customer to HoClo Rentals in connection with the rental order.
- Customer may cancel the membership at least THREE (3) BUSINESS DAYS prior to the renewal of the membership to HoClo Rentals to avoid being charged for another month’s membership fee. Canceling the membership account post renewal date or within seventy-two (72) hours of the renewal date will result in Customer’s credit card account being charged for an entire month of membership. Customer understands that by purchasing a HoClo Rentals membership based program, Customer authorizes HoClo Rentals to continue the membership automatically, charged monthly to the payment method provided until cancellation. Cancellation can be done by calling (844)673-7221, Monday to Friday 9-5 PM PST.
- All deliveries will be made as per HoClo Rentals delivery and mailing schedules. HoClo Rentals does NOT guarantee the delivery date of the garments rented and Customer agrees that garments in Customer’s RACK will be delivered as they become available. Some HoClo Rentals garments may appear slightly different in color and style than the photos displayed on the HoClo Rentals website. HoClo Rentals’s total liability to Customer for any claim or litigation arising from the rental of any garments is limited to the rental charges actually paid by Customer.
- If Customer’s garment(s) do not fit properly, then Customer may return the garment(s) by mail using the pre-paid label provided and notify HoClo Rentals via email or phone that Customer is returning the garment(s) in conformance with the “sizing return” procedures established by HoClo Rentals.
- Customer shall pay HoClo Rentals full compensation for replacement and/or repair of any garments which is not returned because it is lost or stolen or any garments which are damaged and in need of repair to put them into the same condition they were in at the time of rental, normal wear and tear excepted. The HoClo Rentals invoice for replacement or repair is conclusive as to the amount Customer shall pay under this paragraph for repair or replacement.
- No allowance will be made for any rented garment(s) or portion thereof which is claimed not to have been used. Acceptance of returned garments by HoClo Rentals does not constitute a waiver of any of the rights HoClo Rentals has under the agreement.
- All garments will be professionally cleaned and delivered ready to wear for each Customer. We tumble wash and/or dry clean and inspect each garment with the utmost care, but use the garment(s) at Customer’s own risk and HoClo Rentals shall not be held liable for any health-related complaints associated with a garment rented from the website.
19. HoClo Rentals will provide Customer with a pre-paid, pre-addressed envelope or box along with instructions for use in returning the garments to HoClo Rentals. (“Return Packaging”). HoClo Rentals is not responsible for any personal property left in a returned garment.
- Customer accepts responsibility for the garments delivered. HoClo Rentals is not responsible and is not liable for garments left unattended or lost due to delivery to an incorrect shipping address provided by Customer. Furthermore, Customer acknowledges that providing anything other than a correct and secure shipping address may result in delivery delays, additional delivery fees, and cost of lost garments for which HoClo Rentals is not to be held liable. Customer acknowledges responsibility and will be held liable for costs associated with delivery delays, additional delivery fees and cost of lost garments delivered to an incorrect or unsecure address provided by Customer.
- Customer agrees to treat the HoClo Rentals garments with great care, and return them in the same condition as was delivered. Customer is completely responsible for loss, destruction or damage to the garments due to theft, disappearance, fire, stains or any other cause, other than normal wear and tear.
- Normal wear and tear encompasses minor stains, missing beads, stuck zippers or other minor damage covered by the subscription price Customer paid in order to rent the garment(s). If Customer returns a garment that is damaged beyond normal wear and tear, then Customer will be charged and shall pay for repairing or replacing the garment(s) as determined in HoClo Rentals’s discretion, up to the retail price for the garment(s) as advertised on our site OR explained in the package delivered to you.
- If Customer fails to pay the amounts owed when due, then HoClo Rentals may institute collection efforts. Customer agrees to pay all costs of collection including without limitation reasonable attorneys’ fees incurred by HoClo Rentals.
- HoClo Rentals reserves the right to terminate Customers membership at any time in the event of Customers breach of this agreement.
- Customer agrees that by providing an email address HoClo Rentals may use the preferences and orders Customer provides on the HoClo Rentals website to send emails and other marketing materials for other garments. Customer may opt out of receiving those emails and marketing materials by clicking on the links provided at the bottom of those emails when available.
- Customer agrees that using the HoClo Rentals website and related services is done so at Customer’s own risk. HoClo Rentals offers various services to assist Customer(s) in selecting garments. HoClo Rentals services are provided “AS IS” without guarantee or warranty as to results.
- It is understood that any dispute regarding Customers rental of garments, use of the HoClo Rentals website, this Agreement or any HoClo Rentals related services will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. HoClo Rentals and Customer are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration.
- Customer and HoClo Rentals agree that any arbitration hereunder shall be conducted by a single, neutral arbitrator selected by the parties and shall be resolved using the rules of the American Arbitration Association. The Arbitration shall be conducted by the American Arbitration Association.
- HoClo Rentals and Customer agree that California law will govern this agreement and any dispute that arises regarding its interpretation, meaning or construction.
- To the extent provided by law, HoClo Rentals has no liability or responsibility to Customers or users of the website for the activity of other users. Customer further acknowledges and agrees that, to the extent provided by law, HoClo Rentals is not responsible or liable for damages of any kind (including but not limited to direct, indirect, incidental, consequential or punitive) related to Customer or other users use of the website. Customer agrees to hold HoClo Rentals harmless from and against any and all claims, damages, costs and expenses, arising from or related in any manner to Customers use of the HoClo Rentals website or related services.
- HoClo Rentals MAKES NO WARRANTY OF ANY KIND REGARDING THE RENTED GARMENTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE SERVICES. TO THE EXTENT IT IS DETERMINED THAT A LIMITED WARRANTY DOES EXIST CUSTOMER AGREES THAT THE SOLE AND EXCLUSIVE REMEDY AND HoClo RentalsS ONLY LIABILITY FOR BREACH OF LIMITED WARRANTY OR BREACH OF ANY OTHER LEGAL DUTY SHALL BE A REFUND OF CUSTOMERS RENTAL FEE PAID.
- IN NO EVENT SHALL HoClo Rentals BE LIABLE TO CUSTOMER 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 RENTAL OF GARMENTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
- Customer further agrees HoClo Rentals’s aggregate liability arising out of either the rental of garments or use of other services provided by HoClo Rentals whether based upon warranty, contract, tort, strict liability or otherwise shall not exceed the applicable rental fees paid by Customer for the garments rented and/or services provided.
- This Agreement constitutes the entire agreement between Customer and HoClo Rentals with respect to its subject matter 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 rental of garments and other services provided. Modifications may be made only by HoClo Rentals and HoClo Rentals reserves the right to terminate or amend this agreement at any time for any or no reason, effective upon notice to Customer 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 California, excluding its conflicts of laws principles. Customer shall not assign this agreement without HoClo Rentals’s prior written consent.
- 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. HoClo Rentals shall not be liable for failure to perform any of its obligations under this agreement by reasons 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.