RENT THE RUNWAY CUSTOMER RENTAL AGREEMENT
These terms and conditions (the "Agreement") are a legal agreement between you ("You" or "Your") and Rent the Runway, Inc., with corporate offices at 163 Varick Street, 4th Floor New York, NY 10013 ("Rent the Runway," "we," "us," or "our"), establishing terms and conditions under which You will submit information to, and rent dresses and accessories (each a "Product" and collectively, "Products") and receive related services ("Services") from, Rent the Runway via our website at www.renttherunway.com (the "Website").
1. General; Rental Not Purchase; Adult Agreement Required.
2. Rental Fees; Payment 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 payment card for the Rental Fee. We will charge Your payment 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 Rent the Runway to charge Your payment card for an amount equal to 200% of the entire original retail value of that Product (when new) 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 Rent the Runway, shall be paid by You to Rent the Runway in connection with Your order for the rental. You may cancel Your order for Products at least seven (7) days prior to the ordered delivery date, 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 (ii) for cancellations that are less than thirty (30) days in advance of such delivery date, full credit that can be applied to a future Rent the Runway purchase.If purchasing a membership based program, you authorize us to continue your membership automatically, charged monthly to the payment method provided until you cancel.
3. Our Commitments to You.
- Delivery to You. We will deliver 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.
- First Rental of a Designer's Product. In order to provide greater assurance that a Product from a new designer (i.e., one from whom You have not previously ordered a Product through Rent the Runway) will fit properly, You may opt to order a second size of the same Product at no charge, or a reduced charge, for the same days for which You rent the first size of that Product (a "Designer Spare"), subject to availability. In such event, any Designer Spare must be returned together with the Product with which it was ordered. These terms and conditions shall apply to the Designer Spare just as to any other Product, including without limitation the requirements of Section 2 and Section 4; provided that (A) Section 3(b)(1) will not apply to a Product or Designer Spare unless both the Product and the Designer Spare are returned together in conformance with Section 3(b)(1) and (B) no credit will be issued to You for the Designer Spare unless you were originally charged for it by us. We may discontinue the availability of Designer Spares at any time.
- Backup Products. If You order a Product hereunder, You may also order a backup Product (at the same or lower price tier as the first Product) (a "Backup Product") for a reduced rate, as set forth on our Website, for the same time period that You order the first Product; provided that the sizing guarantees and credits under Section 3(b)(1) shall not apply. Any Backup Products must be returned together with the Product with which it was ordered. The terms and conditions of this Agreement also apply to any Backup Products. We may discontinue the availability of Backup Products at any time.
- Delivery; Clean and Ready to Wear. Your Products may be ordered and couriered to You on the same day for certain orders placed by 2 p.m. in New York City, subject to the additional delivery charge set forth on the Website. Otherwise, all deliveries outside of New York City will be through Rent the Runway'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 Rent the Runway. The Products can be delivered to you until 8:00 pm on your rental start date. The Products will be professionally cleaned and delivered ready to wear. We dry clean and inspect each product with the utmost care, but use of the product is at your own risk and Rent the Runway 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 Rent the Runway ("Return Packaging").
- Services. 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.
4. 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 New York City 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, Rent the Runway 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 Rent the Runway 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 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 Rent the Runway 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 Rent the Runway; 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, 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 Rent the Runway 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 Rent the Runway 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 Rent the Runway 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.
- 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.
- 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 firstname.lastname@example.org or following the links provided at the bottom of those e-mails when available.
5. RTR Pro.
- RTR Pro service. If You subscribe to our RTR Pro service (“RTR Pro”), You will be entitled to certain benefits when You rent Products with Rent the Runway, as more fully described here [link]. By subscribing to RTR Pro, You accept the following additional terms, conditions, limitations and requirements set forth in this Section 5.
- Fees. If You subscribe to RTR Pro, Rent the Runway will charge You an annual subscription fee. The current RTR Pro subscription fee is set out here: http://www.renttherunway.com/pages/rtr_pro. You hereby authorize Rent the Runway or our third party payment processor to charge your payment card for the applicable RTR Pro subscription fee. RTR Pro subscription fees are non-refundable except as expressly set forth below. Taxes may apply on RTR Pro subscription fees. We reserve the right to pursue any amounts You fail to pay in connection with RTR Pro in accordance with this Agreement.
- Non-Assignability. You shall not transfer or assign Your RTR Pro subscription without Rent the Runway’s prior written consent.
- Subscription Renewal. UNLESS YOU CANCEL YOUR RTR PRO SUBSCRIPTION, RTR PRO 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 RTR PRO, YOU MUST CANCEL THIRTY (30) DAYS BEFORE THE ANNUAL RENEWAL DATE. If You cancel RTR Pro at any other time during the subscription period, cancellation will be effective at the end of the current annual subscription period. This means Your RTR Pro subscription will continue for the remainder of that period and You will not receive a refund. You may cancel RTR Pro or find out more information about your RTR Pro subscription, including Your annual renewal date, by contacting email@example.com.
- Termination. We may terminate Your RTR Pro 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 RTR Pro 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 RTR Pro. Rent the Runway reserves the right to add, remove or modify RTR Pro benefits or the terms and conditions herein, including fees, but we will give You advance notice of these changes by email. YOUR CONTINUED RTR PRO SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR RTR PRO SUBSCRIPTION.
- 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 Rent the Runway's sole and exclusive liability for a breach of Rent the Runway's limited warranty shall be, at Rent the Runway's option, Rent the Runway'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).
- 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.
- No Indirect Damages. IN NO EVENT SHALL RENT THE RUNWAY (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 RENT THE RUNWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- Limited Direct Damages. RENT THE RUNWAY'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.
6. Details on Our Commitment to You.
7. Limitation of Liability.