RENTAL AND PURCHASE AGREEMENTThese terms and conditions are a legal agreement between you ("You" or "Your") and The Ms. Collection at its address 1100 West 10th Street, Azusa, CA 91702 ("The Ms. Collection" "We,", “we” "us," or "our"), establishing terms and conditions under which You will submit information to, and rent clothing and accessories (each a “Product” and collectively, "Products or Items") and receive related services (“Services”) from, The Ms. Collection via our website at https://www.themscollection.com (the "Website").
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ORDERING PRODUCTS OFFERED ON OUR SITE, SIGNING UP FOR THE SERVICE AND PUTTING IN YOUR CREDIT CARD DETAILS, 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, PLEASE DO NOT ORDER ANY PRODUCTS AND DO NOT RENT THE PRODUCTS.
WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.
Rental Fees; Credit Card Authorizations; Cancellations.The rental fee (“Rental Fee”) for the Products will be the monthly rental fee (as defined on the website for your specific membership or sometimes defined by any discounts offered to you) PLUS any insurance charges listed on the website in connection with Your membership.Upon Your order for Your pack, You hereby authorize us to charge Your credit card for the Rental Fee and / or monthly subscription fee on a RECURRING basis whereby Your card will be automatically charged every thirty days from the commencement of your membership until You cancel the membership. We will charge Your credit card the amount of the Rental Fee immediately upon Your rental order or checkout where you confirm and submit – “Place Order”. If Your card on file fails for either a subscription fee or for any items kept, We will notify You through email to update Your card. If We do not receive an updated card that We can successfully charge for any past due amounts, We reserve the right to send Your account to collections. If You are subscribed to a once a month membership plan, in order to receive Your next pack, Your current pack must be placed in the mail at least three-days prior to Your next subscription renewal. If you do not place Your current pack in the mail within this three-day time frame, Your next pack will not be sent the following month, and no refunds will be issued.In addition, at the time of Your order of a Product, You hereby authorize The Ms. Collection to charge Your credit card for the ORIGINAL RETAIL VALUE of that Product (when new) as set forth, plus any applicable sales taxes (“Retail Value”); provided that we will only charge the Retail Value in the circumstances set forth in Section 5 below.Rental Fees exclude all federal, state and local taxes, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by The Ms. Collection, shall be reimbursed by You to The Ms. Collection in connection with Your order for the rental.You may cancel Your membership at any time. We will make note of this requested cancellation. You will need to place Your pack in the mail at least three days prior to your subscription renewal. You understand that by purchasing this membership based program for The Ms. Collection, You authorize us to continue renewing Your membership automatically and continuously, to be charged monthly to the payment method provided until Your account has been officially canceled. If You do not put Your pack in the mail at least three days prior to your subscription renewal, We reserve the right to continue to charge Your monthly membership, until we receive Your pack back. To cancel, You may email us at [email protected].
The Ms. Collection Offering.
3.1 Delivery All deliveries will be made as per The Ms. Collection delivery and mailing schedules. We do NOT guarantee the delivery date of items and You agree that items in Your pack will be a surprise as decided by Your stylist based on Your submitted styles preferences and sizes. You agree that sometimes The Ms. Collection Products may appear slightly different in color and style than the photos displayed on our website.
3.2 Cleaning All Products will be professionally cleaned and delivered ready to wear for each consumer. We tumble wash and / or dry clean and inspect each Product with the utmost care, but use of the Product is at your own risk and The Ms. Collection shall not be held liable for any health-related complaints associated with a product rented from our site.
3.3 Return Packaging With delivery of the Product, we will provide You with a pre-paid, pre-addressed envelope to return the products to The Ms. Collection. (“Return Packaging”).
3.4 Service 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.
If an item or multiple items are not to Your taste, We cannot offer a refund. When You sign up for our service, You agree that each pack will be a surprise. Partial refunds may only be issued for any items that may arrive defective, as determined by our discretion. Refunds will not be given for styles that do not meet individual taste. If an Item arrives that is too small or too big, but our stylists have sent it based on the sizes You selected, we cannot offer an exchange or refund. Every brands’ sizing chart varies and We cannot be held responsible for such variations. If a mistake is made based on not following a size selected in Your profile, We will make an exchange. If You are subscribed to a once a month membership plan, in order to receive Your next pack, Your current pack must be placed in the mail at least three-days prior to Your next subscription renewal. If You do not place Your current pack in the mail within this three-day time frame, Your next pack will not be sent the following month, and no refunds will be issued. If You are seeking to cancel, your cancellation request must take place at least three days prior to Your membership renewal date. Your pack will also need to be placed in the mail at least three days prior to Your renewal to avoid being charged for another month. If You have missed this shipping window, Your card will be charged and no refunds will be given.
Your Commitments to Us; Payment of Retail Value.5.1 Receipt of the Products Upon delivery, You bear responsibility for the Products. In the event that an unsecure shipping address is provided, The Ms. Collection 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 Ms. Collection is not to be held liable, but You will be held liable.
- Collections: If You do not pay the amounts You owe us when due, then We may institute collection procedures. You agree to pay any past due subscription fees and/or the cost of items kept from your pack, and our costs of collection, including without limitation reasonable attorneys’ fees.
- Removal: We reserve the right to terminate Your right to be a member of The Ms. Collection at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
5.2 Purchase of Items You can either leave the items You wish to purchase, out of Your pack when returning, or You can visit Your member account to alert us of the purchases You are making prior to Your packs return. Each item will have a member discount of up to 50% off. Leaving an item out of Your pack, or visiting Your member account and making a selection, gives us permission to charge Your card on file for the listed member price of the item You are purchasing.
5.3 Use of the Products You agree to treat the Products with great care, and return the Products in the same condition as they were delivered to You. You are completely 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 consists of minor stains, rips, missing buttons, stuck zippers or other minor damage covered by the optional protection program.
5.4 Payment of Retail Value 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 of repairing or replacing the item, as determined in our discretion, up to the Retail Value for the item.
5.5 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 clicking on the links provided at the bottom of those e-mails when available.
5.6 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.
5.7 Remedy Your sole and exclusive remedy and The Ms. Collection’s sole and exclusive liability for a breach of The Ms. Collection’s limited warranty shall be, at The Ms. Collection’s option, The Ms. Collection’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).
5.8 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.
- 6.1 No Indirect Damages. IN NO EVENT SHALL THE Ms. COLLECTION (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 Ms. COLLECTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- 6.2 Limited Direct Damages. THE Ms. COLLECTION’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
- 6.3 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. LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND THE Ms. COLLECTION HAVE AGAINST EACH OTHER ARE RESOLVED. You and The Ms. Collection agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Agreement, your use of or access to the Website, or any products or services sold or purchased through the Website, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
7.1. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern the Agreement and any claim or dispute that has arisen or may arise between you and The Ms. Collection, except as otherwise stated in the Agreement.
7.2. Agreement to Arbitrate
You and The Ms. Collection each agree that any and all disputes or claims that have arisen or may arise between you and The Ms. Collection relating in any way to or arising out of this or previous versions of the Agreement, your use of or access to the Website, or any products or services sold or purchased through the Website, shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
- A. Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND THE Ms. COLLECTION AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE Ms. COLLECTION AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
B. Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879 FREE. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). The Notice to The Ms. Collection should be sent to The Ms. Collection, 1100 West 10th Street, Azusa, CA 91702. The Ms. Collection will send any Notice to You to the physical address We have on file associated with your The Ms. Collection account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If You and The Ms. Collection are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, You or The Ms. Collection may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to The Ms. Collection at the following address: The Ms. Collection, 1100 West 10th Street, Azusa, CA 91702. In the event The Ms. Collection initiates an arbitration against You, it will send a copy of the completed form to the physical address We have on file associated with your The Ms. Collection account. Any settlement offer made by you or The Ms. Collection shall not be disclosed to the arbitrator.The arbitration hearing shall be held in the county in which You reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, You or The Ms. Collection may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on You and The Ms. Collection subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, You and/or The Ms. Collection may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same The Ms. Collection user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
C. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, The Ms. Collection will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by The Ms. Collection should be submitted by mail to the AAA along with your Demand for Arbitration and The Ms. Collection will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) You assert in the arbitration to be frivolous, you agree to reimburse The Ms. Collection for all fees associated with the arbitration paid by The Ms. Collection on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
E. Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against The Ms. Collection prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between You and The Ms. Collection. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on the Website at least 30 days before the effective date of the amendments and by providing notice through the The Ms. Collection Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms.
Unless You and We agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and The Ms. Collection must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and The Ms. Collection agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for the purpose of litigating all such claims or disputes.