RENTMOD TERMS AND CONDITIONS


Please read these Terms of Service (collectively with our Privacy Policy , the “Terms of Service”) fully and carefully before using www.rentmod.com (the “Site”) and the services, features, content, applications, or products offered by Rentmod Inc, (“we”, “us”, “our” or “Rentmod”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.


Before you click on the “I accept” button under each product, please carefully read the terms and conditions of this agreement. By checking the box that you agree to these terms and conditions under each product, you are agreeing to be bound by and are becoming a party to this agreement including the website terms and conditions of use and the privacy policy available at Privacy Policy. If you do not agree to all of the terms of this agreement and to the privacy policy, do not click the checkbox to accept these terms and conditions, use our site, www.rentmod.com, or submit your product order to rent or buy any of our 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 use our website, www.rentmod.com, check the agreement box, or otherwise use our services.



1. About/Use the Services


A. Introduction


Through our Services, we aim to give you access to unique and trendy clothing, specific clothing advice and/or other content to help you decide which items may be best for you. Rentmod offers diversity and the flexibility to try new trends without the pressure of purchase.


B. Rentmod Content


All content and information available, including but not limited to, product descriptions and/or specifications, photos of products, advice from employees, and/or photos and comments from other users is available to you on an “as is” basis and is to be used for general information purposes only. This information is provided without any knowledge as to your identity or specific circumstances and with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any Rentmod Content as a substitute for consultation with professional advisors.


We may update the Rentmod Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about more current specifications, please send those questions to info@rentmod.com. We take your questions and requests for information seriously, and we will try to respond in a timely manner, however, we cannot guarantee a timely response in all cases.


Email communication: 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 info@rentmod.com or following the links provided at the bottom of those e-mails if/when available.


Your content: You agree that any photos you do post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant Rentmod and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Rentmod or its affiliates for all claims resulting from content you supply. Rentmod reserves the right to remove any content at our sole discretion. By providing Your Content, You agree that we are not liable for any legal violation caused by your use or misuse of Your Content or other information transmitted, monitored, stored, or received while using the Services. We reserve the right to amend or delete any of Your Content (along with the right to terminate or restrict use of or access to the Services) that in our sole discretion violates any provision of these Terms.


C. Third Party Content


Third-party affiliates: The Services may contain links or references to non-Rentmod websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you, but Rentmod is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from Rentmod, and Rentmod has no control over Third Party Content. In addition, a link or mention of any Third Party Content does not imply that Rentmod endorses, approves of or accepts any responsibility for that Third Party Content or its provider.


D. Acceptable Use Policy


All content on this website is the exclusive property of Rentmod Inc. Content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and no part of Rentmod content may be reproduced or transmitted in any form. We reserve all rights contained therein. In case of dispute or infringement, we will severely defend our rights to this material.



  1. Termination

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.


2. General; Rental Not Purchase; Adult Agreement Required


You agree and acknowledge that You are renting the Products and that ownership of the Products remains with RentMod 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. Children under 18 years of age but at least 13 years of age may use the Services under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase Products via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur. By checking that you agree to our Terms and Conditions and Privacy Policy under each rental product, 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.



3. Rental Fees and Payment Card Authorizations


The rental fee will be clearly stated along-side the information required for each product which will be listed on the website, the rental fee does not include shipping costs. This will be charged at “check-out”. In submitting your order, you hereby authorize us to charge your account used for payment for the rental fee and shipping costs. This charge will occur immediately, no matter how far in advance that Product is reserved.  

Failure to return the goods or if the goods are returned in a unusable state, you hereby authorize Rentmod to charge your account used for payment a charge of 150% of the retail value of the product rented from our website. This 150% of the retail value will be taken from original recommended retail price (RRP) when first released. This covers the loss of the item, plus the expected loss of revenue from further rentals of that product. RentMod reserves the right to charge your account used for payment for non-compliance of the rental agreement and terms and conditions under which you hire our products. If you would like to know the RRP before renting our product(s), please contact us at info@rentmod.com.


  1. Our Commitments to You

RentMod is committed to protecting your privacy. Read our privacy policy here.


We will deliver the Products on or before the date for which You selected, except if a previous customer does not return the item on time or in great condition. In this case, we will contact you immediately and You will be offered a full refund.


You will be provided with a tracking number to ensure a timely delivery, which we will monitor as well. Products may appear a little bit different in color, style, or size than the photos displayed on our Website, however, you are able to contact us at any time (whether through email, Instagram direct message @rentmod) to ensure correct fit and style before any purchase or for exact measurements. Our liability to You for failure to deliver the Product as ordered is limited to the timely delivery of Product as ordered or a refund of the Rental Fee as determined by the company, Rentmod Inc and its employees.


RentMod pays for dry cleaning which is included in your rental price. Under any circumstance, the renter is not attempt to clean the garment yourself.


  1. Cancellation and Refund Policy

If the renter decides to not rent their chosen item anymore, whether we have shipped it yet or not, we do not offer a refund as we may have passed up other opportunities to rent it out for this specific date.

Please be careful when choosing sizes and items to rent. We recommend comparing the sizes we provide with a garment you already own that fits you, or contacting us via info@rentmod.com or Instagram DM for exact measurements, photos or any information about that specific item. We do offer try-ons if you are located in Chicago (see “Try it On” page on website) so you can ensure the item fits you. Unfortunately, we are unable to send anywhere else for try ons at this present time.

If the item does not fit the renter or does not 'look right on' when it arrives, we do not offer a refund, as again we may have passed up other opportunities to rent the specific garment out to another person on that specific date. Again, we are happy to and will always provide exact measurements and more photos if requested to help you ensure you pick the right garment.

Refunds will be given for a fault in the postal system not delivering the item on time and we will be tracking each item to ensure this timely delivery. All of our garments are sent out with enough time to arrive, and with all the correct postal stickers to ensure that they do arrive on time; it is possible however for there to be a delay, in which case a full refund will be given to the renter if the tracking states that this is indeed true. This means a renter will be offered a 100% refund if the item arrives AFTER the day you have chosen to rent it for. A refund is not offered if it arrives before 12PM on the first day of renting. For example; If you have chosen to rent an item for a Friday, if it arrives Saturday or later, then you will be offered a refund. It it arrives on the Friday before 12PM you will not be granted a refund.

For Positive Mindsets Win merchandise in our “buy” section, all sales are final and “as is” and without warranty unless stated differently. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site in connection with your purchase of the Products.


  1. Return Label and Packaging

With delivery of the Product, we will provide You with tracking information, a pre-paid, pre-addressed shipping label as well as instructions for Your use in returning the Products to RentMod. Rentals are to be returned in the postage bag or box provided with the prepaid shipping label, and to be sent by the date specified in the corresponding thank you card and order confirmation email. Parcels need to be handed over the counter at a USPS shop, so the tracking is activated. If the tracking is not activated we will assume the item has not been posted and charge late fees accordingly.


There will be a $10.00 late fee per day to be paid by the renter if the item is returned late, this will be based on the time in which the return tracking was activated. You (the renter) are solely responsible for the goods being returned on the agreed date.

  1. Cleaning/Damages Policy
  2. Cleaning Under any circumstance, the renter is not attempt to clean the garment yourself. RentMod pays for dry cleaning which is included in your rental price. However, this price does not cover the cost of reparation for any major damages or stains made by the renter, discussed below.
  3. Damages Any damages to the garment that you have rented (rips, stains, holes, tears etc) will need to be repaired by Rentmod and you (the renter) will be liable to pay for the damage.

You agree to treat the Products with great care and understand that you are responsible for loss, destruction, or damage to the goods due to theft, disappearance, fire, major stains or any other occurrences, not including normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage. If You return an item 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 150% of the Retail Value for the Product listed on www.rentmod.com. This price is to pay for a replacement of the garment and covers any refunds to people who have booked the item in advance, as they will no longer be able to rent the item until a new one arrives.


Should you dishonor this agreement and not pay the amounts due for any damage to a garment, we will initiate enforcement procedures under this agreement and we will claim all costs for the garment. Enforcement procedures including any solicitor fees or any other means we require to recover any fees owing by you, will be liable to you. (Don’t let this scare you off as this is a very rare occurrence. We will always contact you before discussing any damages fees. If an item is accidentally damaged while you are renting, please contact us immediately as to try to assess the situation, and walk you through how to lessen damage if possible).



8. Your Commitments to Us; Payment of Rental Fee; Fees for Late Returns.


  1. Receipt of the Products: Upon delivery, You bear responsibility for the Product(s). 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, Rentmod 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 Rentmod is not to be held liable, but You will be held liable.

  1. Return of the Products; Extensions: You agree to return the Products to RentMod in the provided Return Packaging on the return date for the Products that is identified in the thank you card in your order, as well as in your order confirmation email. You must return the Product by delivering the Product in the Return Packaging to a USPS (not UPS or FedEx) store located in the United States in the same city that the package was sent to unless stated otherwise by 4 P.M. on or before the date that the Product is due.

  1. Late fees: If You return the Products late or not at all, a late fee of twenty dollars ($10.00) per day will be charged to the payment card You used to pay the Rental Fee that You have provided to Rentmod and You agree to pay such late fees, up to an amount not to exceed 150% of the Retail Value plus applicable sales tax. The late fee of $10 per day is payable for each order of Products that is not returned when due until 150% is paid in full or the item is returned and then the applicable amount based off the $10 per day fee with each late day after the specified date.

  1. Packaging: If You lose the Return Packaging we provided, You will be responsible for returning the item at your own expense by the expected return date, and providing Rentmod with a tracking number.

  1. Collections: If You do not pay the amounts You owe to us when due, then we will need to institute collection procedures through binding arbitration as set forth in section 11 below. In the event that Rentmod is forced to initiate collection proceedings, You agree to pay our costs of collection, including without limitation reasonable attorneys' fees including any hourly rate charged by the attorneys, expenses incurred by us or our attorneys and arbitrator fees as set forth by ADR.

  1. Email communication: We may 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 info@rentmod.com or following the links provided at the bottom of those e-mails if/when available.

  1. Non-transferable merchandise: The terms and conditions set forth in this agreement apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party other than the person renting the garment. (S)he who provides their information, agrees to the terms and conditions, and rents the product from Rentmod Inc agrees to be held liable for that product.

  1. Product limits: We currently and generally limit the number of Products that can be rented by You and our other customers to five (5) at any given time. We reserve the right to cancel any order that exceeds that amount or seems suspicious to us.


9. Limitation of Liability


This site is provided by Rentmod on an “as is” and “as available” basis. Rentmod makes no warranties, either expressed or implied, as to the operation of the site or the content contained therein. You expressly agree that your use of www.rentmod.com is at your own risk.

Rentmod cannot warrant that this site, our servers, or email communications affiliated with the use of this website, are free from viruses. Rentmod will not be responsible for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.


10. Miscellaneous


Agreement modifications and termination: This Agreement, (including the Website Terms and Conditions and the Privacy Policy referenced in this Agreement) constitute the entire agreement between You and Rentmod 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 Rentmod. We reserve the right to modify, alter, delete and update these policies at any time we see fit and such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. Termination of this Agreement will not relieve You of any payment obligations hereunder. 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.


11. Redemption of Free Product and Coupon Offers


From time to time, Rentmod offers its clients special offers and discount codes to be used in conjunction with this website. These offers are frequently disseminated via this website and through email to those who have registered for our email database. They are sometimes posted on our website (www.rentmod.com) or announced via other means of communication in conjunction with the promotion of the Rentmod product rental collection, including but not limited to internet forums, social media platforms, and various online websites.

We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. Rentmod, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of this website in order to receive several free products with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order. Please, play fair…

Our coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one coupon code per order. Coupon codes generally expire and are no longer valid for redemption 90 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. Rentmod reserves the right to change or limit coupon codes in its sole discretion.

12. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER


Both parties agree that the pursuant of the rental agreement and the terms and conditions for rental that any disputes are governed by Illinois law and will be resolved by binding arbitration.


A. Informal Process First


Both you and Rentmod agree that in the event of any dispute between us, you and Rentmod will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.


B. Mandatory Arbitration of Disputes


All disputes between you and Rentmod will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Rentmod or you, shall be resolved by mandatory and binding arbitration submitted to Alternative Disputes Resolution (hereinafter referred to as “ADR”) in accordance with its Commercial Arbitration Rules at the request of either Rentmod or you pursuant to the following conditions:


(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at ADR, 20 N Clark St., Floor 29, Chicago, IL 60602.


(b) Selection of Arbitrator shall be made ADR under its provisions, rules and guidelines, unless the parties agree in the selection of an arbitrator.


(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under ADR’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under ADR’ Comprehensive Arbitration Rules & Procedures Subject to the applicable ADR procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Illinois Code of Civil Procedure, Illinois Supreme Court Rules and the Illinois Rules of Evidence, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with ADR’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.


(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.


(e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by ADR procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with Rentmod remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under ADR procedures.


(f) Litigation. The laws of Illinois, including those applicable to arbitrations law apply to this Agreement. Either party also may, upon written demand and without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the selection of an arbitrator. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.


C. Class Action Waiver


The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and Rentmod shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

 

Effective Date:

March 12, 2019