The following Terms of Service (“Terms”) between you (“you” or “your”) and ReTRND, Inc. (“we,” “our,” “us,” or “ReTRND”) describes the terms and conditions on which you may access and use the ReTRND website located at ReTRND.com (the “Site”), and the ReTRND Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
NOTICE OF AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER
By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 8 of these Terms below.
About the Services
Sale of Products
Special Trial Programs
Use of the Services
Disclaimer of Warranties; Limitation of Liability
Dispute Resolution, Arbitration and Class Action Waiver
1. ABOUT THE SERVICES
Through the Services, we aim to give you access to beautiful designer clothing / accessories, stylist advice, textile waste education and other content to help you become a conscious consumer with great one of a kind style.
Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase any clothing or accessories (“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.
C. MODIFICATION OF THE SERVICES OR THE TERMS
ReTRND may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, ReTRND will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to RTR upon registration.
2. SALE OF PRODUCTS
A. GENERAL CONDITIONS
The Services include the sale of Products. This Section 2(A) sets out terms and conditions that apply to your purchase of any Product.
18 Years or Older. Products may be rented or purchased for use by individuals under 18 years of age, but we sell only to adults, who may purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, 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 purchasing the Products as described in these Terms.
Limits. You acknowledge and agree that we may place limits on the purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any sales of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
Delivery. Your Products may be ordered and couriered to you on the same day for certain orders placed by 12 p.m. for delivery in St. Louis subject to the additional delivery charge specified on the Site. Otherwise, all deliveries outside of St. Louis will be through ReTRND shipping, which may change from time to time at ReTRND discretion. The shipping method used will be at the discretion of RTR.
Collections. If you do not pay the amounts you owe to ReTRND when due, then ReTRND will need to institute collection procedures. You agree to pay ReTRND’s costs of collection, including without limitation reasonable attorneys’ fees.
Communications. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Services.”
Receipt of the Products. Upon delivery, you bear responsibility for the Product(s). If however, you opt to have the Products delivered in St. Louis 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 is highly recommended. A “” means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, ReTRND 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 ReTRND will not be liable. You will be liable for all such delays and additional delivery fees.
Limited Warranties. The following are the limited warranties RTR provides in connection with Product rentals. RTR’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming
Correct Products. Subject to availability, we will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site or App.
Clean and Ready to Wear. The Products will be professionally cleaned and delivered ready to wear. ReTRND dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and RETRND shall not be held liable for any health-related complaints associated with any Product.
B. YOUR CONTENT
If you post, upload or make available to R or the Services, or otherwise submit to or through ReTRND as part of your use of the Services, including the Site or App, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to ReTRND a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize RTR to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
There may be delays, omissions, or inaccuracies in the Services, including the ReTRND Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that RTR may use your Feedback without restriction or obligation to you or any third party.
E. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT
If you believe any ReTRND Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting ReTRND’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
A. INFORMAL PROCESS FIRST
Both you and ReTRND agree that in the event of any dispute between us, you and ReTRND 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 ReTRND 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 RTR or you, shall be resolved by mandatory and binding arbitration submitted to arbitrator of ReTRND choice and in accordance with its Commercial Arbitration Rules at the request of either ReTRND or you pursuant to the following conditions:
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 $350 filing fee to initiate an arbitration.
No Warranties. WE PROVIDE RETRND SERVICES AND WEBSITES “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE REJECT ANY IMPLIED WARRANTIES AND MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH RETRND WILL MEET YOUR EXPECTATIONS.
Limited Liability. IN NO EVENT SHALL RETRND NOR AFFILIATES BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT OR ANY CLAIMS YOU OR OTHER THIRD PARTIES HAVE WITH RESPECT TO YOUR TRANSACTIONS WITH RETRND UNDER THIS AGREEMENT. Some states do not allow the exclusion or limitation of liability; in such states liability is limited to the fullest extent permitted by law.
Indemnity. You agree to protect and hold harmless ReTRND AND ALL AFFILIATED PARTNERS from any and all claims, liabilities, damages, expenses, (including attorneys’ fees) that such parties may incur as a result of your (or anyone using your account’s) violation or breach of terms under our Agreement. ReTRND reserves the right to assume the exclusive defense and control of any matter by you and you agree to cooperate with our defense.
Information Sharing and Disclosure
ReTRND does not share your personal information with other nonaffiliated companies except to provide requested products/services and under the following circumstances:
We provide the information to affiliated partners under confidentiality agreements; ReTRND maybe operated alongside subsidaries that have co-branded websites / web-pages that expand services. Affiliated partners may use your personal information, on your behalf, to provide services to you, evaluate our effectiveness and / or help ReTRND communicate with you about offers. However, these affiliates do not have any right to share this information.
ReTRND and its affiliates (“ReTRND”, “we” or “us”). Our policy covers how we protect personal information collected and use of it through the Services and other affiliate websites where the policy is posted.